Title 42The Public Health and WelfareRelease 119-73

§10164 Survey

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part C— - Monitored Retrievable Storage › § 10164

Last updated Apr 6, 2026|Official source

Summary

After the MRS Commission sends its report to Congress under section 10163, the Secretary may study and evaluate possible sites for a monitored retrievable storage (MRS) facility. The study must look at seven things: whether a site would make the system that disposes of spent nuclear fuel and high‑level radioactive waste more reliable and flexible; reduce transportation and handling impacts; help the public trust that disposal will be safe; limit harm to the local community and environment; likely meet environmental, health, and safety rules on time; provide other benefits the Secretary finds appropriate; and unduly burden a State that stores significant volumes of high‑level radioactive waste from atomic energy defense activities.

Full Legal Text

Title 42, §10164

The Public Health and Welfare — Source: USLM XML via OLRC

After the MRS Commission submits its report to the Congress under section 10163 of this title, the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would—
(1)enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter;
(2)minimize the impacts of transportation and handling of such fuel and waste;
(3)provide for public confidence in the ability of such system to safely dispose of the fuel and waste;
(4)impose minimal adverse effects on the local community and the local environment;
(5)provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion;
(6)provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and
(7)unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10164

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73