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42 U.S.C. § 10174 — Benefits agreement

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

42 U.S.C. § 10174 — Benefits agreement

Once selection of a site for a monitored retrievable storage facility is made by the Secretary under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim), the Indian tribe on whose reservation the site is located, or, in the case that the site is not located on a reservation, the State in which the site is located, shall be eligible to enter into a benefits agreement with the Secretary under [section 10173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10173&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_be47ae95716596a0a491c6b8
Source file: Laws/federal/codes/united-states-code/title-42/section-10174-benefits-agreement--857de8608a.md
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Source location: Title 42, Chapter 108, § 10174; chapter-108-nuclear-waste-policy.md

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

42 U.S.C. § 10165 — Available capacity for interim storage of spent nuclear fuel

The Secretary, the Commission, and other authorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional storage, at the site of each civilian nuclear power reactor consistent with— (1) the protection of the public health and safety, and the environment; (2) economic considerations; (3) continued operation of such reactor; (4) any applicable provisions of law; and (5) the views of the population surrounding such reactor.

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

42 U.S.C. § 10173 — Monitored Retrievable Storage Commission

**(a) 11 So in original. No subsec. (b) has been enacted. Establishment** (1) (A) There is established a Monitored Retrievable Storage Review Commission (hereinafter in this section referred to as the “MRS Commission”), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of Representatives. (B) Members of the MRS Commission shall be appointed not later than 30 days after December 22, 1987, from among persons who as a result of training, experience and attainments are exceptionally well qualified to evaluate the need for a monitored retrievable storage facility as a part of the Nation’s nuclear waste management system. (C) The MRS Commission shall prepare a report on the need for a monitored retrievable storage facility as a part of a national nuclear waste management system that achieves the purposes of this chapter. In preparing the report under this subparagraph, the MRS Commission shall— (i) review the status and adequacy of the Secretary’s evaluation of the systems advantages and disadvantages of bringing such a facility into the national nuclear waste disposal system; (ii) obtain comment and available data on monitored retrievable storage from affected parties, including States containing potentially acceptable sites; (iii) evaluate the utility of a monitored retrievable storage facility from a technical perspective; and (iv) make a recommendation to Congress as to whether such a facility should be included in the national nuclear waste management system in order to achieve the purposes of this chapter, including meeting needs for packaging and handling of spent nuclear fuel, improving the flexibility of the repository development sc

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

42 U.S.C. § 10174 — Consideration in siting facilities

Page 8009 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10174a 1 So in original. The word ‘‘this’’ probably should not appear. (Pub. L. 97–425, title I, § 172, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5031, Dec. 22, 1987, 101 Stat. 1330–239; amended Pub. L. 117–286, § 4(a)(272), Dec. 27, 2022, 136 Stat. 4335.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5’’ for ‘‘the Federal Ad- visory Committee Act’’ in text. § 10173c. Termination (a) In general The Secretary may terminate a benefits agree- ment under this subchapter if— (1) the site under consideration is disquali- fied for its failure to comply with guidelines and technical requirements established by the Secretary in accordance with this chapter; or (2) the Secretary determines that the Com- mission cannot license the facility within a reasonable time. (b) Termination by State or Indian tribe A State or Indian tribe may terminate a bene- fits agreement under this subchapter only if the Secretary disqualifies the site under consider- ation for its failure to comply with technical re- quirements established by the Secretary in ac- cordance with this chapter or the Secretary de- termines that the Commission cannot license the facility within a reasonable time. (c) Decisions of Secretary Decisions of the Secretary under this section shall be in writing, shall be available to Con- gress and the public, and are not subject to judi- cial review. (Pub. L. 97–425, title I, § 173, as added Pub. L. 100–202, § 101(d

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