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42 U.S.C. § 10173c — Notice of disapproval

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

42 U.S.C. § 10173c — Notice of disapproval

**(a) In general** The selection of a site under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim) shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,11 So in original. Probably should be “section,”. unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim) shall not be effective except as provided under [section 10135(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135/c&num=0&edition=prelim). **(b) References** For purposes of carrying out the provisions of this subsection,1 references in [section 10135(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135/c&num=0&edition=prelim) to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10173c

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Stable record: federal_law:legal_authorities:record_usc_e5f0f15076cbd84a5d4886c8
Source file: Laws/federal/codes/united-states-code/title-42/section-10173c-notice-of-disapproval--0406da8f8e.md
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Passage SHA-256: 9bc356e04dc8b06a4e66dd423fcdf9c9d60f3184820f41019807573b0ce9dd56

Source location: Title 42, Chapter 108, § 10173c; chapter-108-nuclear-waste-policy.md

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**(a) In general** The selection of a site under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim) shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,11 So in original. Probably should be “section,”. unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under [section 10165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10165&num=0&edition=prelim) shall not be effective except as provided under [section 10135(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135/c&num=0&edition=prelim). **(b) References** For purposes of carrying out the provisions of this subsection,1 references in [section 10135(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10135/c&num=0&edition=prelim) to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this section.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10165

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10193

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

42 U.S.C. § 10173c — Termination

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

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10173c

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