§10165 — Title 42 The Public Health and Welfare | U.S. Code

§10165 Site selection

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 › § 10165

Last updated Apr 6, 2026|Official source

Summary

The Secretary may pick the best site studied under section 10164 for a monitored retrievable storage facility that is part of the spent nuclear fuel and high-level waste disposal system. The Secretary cannot choose a site until recommending to the President a repository site under section 10134(a). The Secretary may do site-specific work to support a license application to the Commission. No facility authorized under section 10162(b) may be built in Nevada. A full NEPA environmental impact statement is not required for these site studies or selection. Instead, the Secretary must prepare an environmental assessment under the Secretary’s rules, using available information about other storage technologies, and send that assessment to Congress when a site is chosen. At least 6 months before choosing, the Secretary must notify the State Governor and legislature or the affected Indian tribe and explain the basis. Before choosing, the Secretary must hold at least one public hearing near the site and must promptly notify Congress and the State or tribe when the choice is made.

Title 42, §10165

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

(a)The Secretary may select the site evaluated under section 10164 of this title that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter.

(b)The Secretary may not select a site under subsection (a) until the Secretary recommends to the President the approval of a site for development as a repository under section 10134(a) of this title.

(c)The Secretary may conduct such site specific activities at each site surveyed under section 10164 of this title as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site.

(d)Site specific activities and selection of a site under this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act [42 U.S.C. 4321 et seq.]. Such environmental assessment shall be based upon available information regarding alternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such site is selected.

(e)(1)At least 6 months before selecting a site under subsection (a), the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such potential selection and the basis for such selection.

(2)Before selecting any site under subsection (a), the Secretary shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with respect to issues raised by the selection of such site.

(f)The Secretary shall promptly notify Congress and the appropriate State or Indian tribe of the selection under subsection (a).

(g)No monitored retrievable storage facility authorized pursuant to section 10162(b) of this title may be constructed in the State of Nevada.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables. Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.