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42 U.S.C. § 10204 — Test and evaluation facility siting review and reports

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10204 — Test and evaluation facility siting review and reports

**(a) Consultation and cooperation** The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim) shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term “process of consultation and cooperation” means a methodology— (1) by which the Secretary— (A) keeps the Governor or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, construction, and operation of a test and evaluation facility; (B) solicits, receives, and evaluates concerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and (C) works diligently and cooperatively to resolve such concerns and objections; and (2) by which the State or affected Indian tribe involved can exercise reasonable independent monitoring and testing of onsite activities related to all stages of the siting, development, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unreasonably interfere with onsite activities. **(b) Written agreements** The Secretary shall enter into written agreements with the Governor of the State in which an identified site is located or with the governing body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation proces

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Stable record: federal_law:legal_authorities:record_usc_b1aea5b2567ff832ec82ccb9
Source file: Laws/federal/codes/united-states-code/title-42/section-10204-test-and-evaluation-facility-siting-review-and-reports--7f3108d206.md
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Source location: Title 42, Chapter 108, § 10204; chapter-108-nuclear-waste-policy.md

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**(a) Consultation and cooperation** The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under [section 10193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10193&num=0&edition=prelim) shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term “process of consultation and cooperation” means a methodology— (1) by which the Secretary— (A) keeps the Governor or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, construction, and operation of a test and evaluation facility; (B) solicits, receives, and evaluates concerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and (C) works diligently and cooperatively to resolve such concerns and objections; and (2) by which the State or affected Indian tribe involved can exercise reasonable independent monitoring and testing of onsite activities related to all stages of the siting, development, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unreasonably interfere with onsite activities. **(b) Written agreements** The Secretary shall enter into written agreements with the Governor of the State in which an identified site is located or with the governing body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation process. Any such written agreement shall specify— (1) procedures by which such Governor or governing body may study, determine, comment on, and make recommendations with regard to the possible health, safety, and economic impacts of the test and evaluation facility; (2) procedures by which the Secretary shall consider and respond to comments and recommendations made by such Governor or governing body, including the period in which the Secretary shall so respond; (3) the documents the Department is to submit to such Governor or governing body, the timing for such submissions, the timing for such Governor or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those concerns; (4) procedures by which the Secretary and either such Governor or governing body may review or modify the agreement periodically; and (5) procedures for public notification of the procedures specified under subparagraphs (A) through (D). **(c) Limitation** Except as specifically provided in this section, nothing in this subchapter is intended to grant any State or affected Indian tribe any authority with respect to the siting, development, or loading of the test and evaluation facility.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10193 — Benefits agreements

**(a) In general** (1) The Secretary may enter into a benefits agreement with the State of Nevada concerning a repository or with a State or an Indian tribe concerning a monitored retrievable storage facility for the acceptance of high-level radioactive waste or spent nuclear fuel in that State or on the reservation of that tribe, as appropriate. (2) The State or Indian tribe may enter into such an agreement only if the State Attorney General or the appropriate governing authority of the Indian tribe or the Secretary of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the Secretary that the laws of the State or Indian tribe provide adequate authority for that entity to enter into the benefits agreement. (3) Any benefits agreement with a State under this section shall be negotiated in consultation with affected units of local government in such State. (4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section. **(b) Amendment** A benefits agreement entered into under subsection (a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with [section 10173c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173c&num=0&edition=prelim). **(c) Agreement with Nevada** The Secretary shall offer to enter into a benefits agreement with the Governor of Nevada. Any benefits agreement with a State under this subsection shall be negotiated in consultation with any affected units of local government in such State. **(d) Monitored retrievable storage** The Secretary shall offer to enter into a benefits agreement relating to a monitored retrievable st

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10204 — Subseabed disposal

Page 8016 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10202 1 So in original. Probably should be ‘‘paragraph (2) of sub- section (b),’’. 2 So in original. Probably should be ‘‘section’’. 3 So in original. Probably should be ‘‘UST’’. § 10202. Research on alternatives for permanent disposal of high-level radioactive waste The Secretary shall continue and accelerate a program of research, development, and inves- tigation of alternative means and technologies for the permanent disposal of high-level radio- active waste from civilian nuclear activities and Federal research and development activities ex- cept that funding shall be made from amounts appropriated to the Secretary for purposes of carrying out this section. Such program shall include examination of various waste disposal options. (Pub. L. 97–425, title II, § 222, Jan. 7, 1983, 96 Stat. 2254.) § 10203. Technical assistance to non-nuclear weapon states in field of spent fuel storage and disposal (a) Statement of policy It shall be the policy of the United States to cooperate with and provide technical assistance to non-nuclear weapon states in the field of spent fuel storage and disposal. (b) Publication of joint notice; update (1) Within 90 days of January 7, 1983, the Sec- retary and the Commission shall publish a joint notice in the Federal Register stating that the United States is prepared to cooperate with and provide technical assistance to non-nuclear weapon states in the fields of at-reactor spent fuel storage; away-from-reactor spent fuel stor- age; monitored, retrievable spent fuel storage; geologic disposal of spent fuel; and the health, safety, and environmental regulation of such ac- tivities. The notice shall summarize the re- sources that can be made available for inter-

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10204

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