Title 42 — The Public Health and WelfareRelease 119-73
§10173c Termination
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 F— - Benefits › § 10173c
Summary
The Secretary can end a benefits agreement if a site fails the Secretary’s technical rules or if the Commission cannot be licensed within reasonable time. States and tribes can end it for those same reasons only after a written, public decision by the Secretary that courts cannot review.
Full Legal Text
Title 42, §10173c
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Secretary may terminate a benefits agreement under this subchapter if—
(1)the site under consideration is disqualified 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 Commission cannot license the facility within a reasonable time.
(b)A State or Indian tribe may terminate a benefits agreement under this subchapter only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this chapter or the Secretary determines that the Commission cannot license the facility within a reasonable time.
(c)Decisions of the Secretary under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review.
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. § 10173c
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73