Title 42, The Public Health and WelfareRelease 119-110

§10121 State and Affected Indian Tribe Participation in Development of Proposed Repositories for Defense Waste

Title 42 › CHAPTER 108 — NUCLEAR WASTE POLICY › SUBCHAPTER I — DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › § 10121

Last updated Sep 22, 2026|Official source

Summary

When the President or the Secretary decides to develop a repository to store high‑level radioactive waste or spent nuclear fuel that comes only from defense activities or the Secretary’s research, the Secretary must tell the governor and legislature of the state where the site is proposed, or the governing body of the affected Indian tribe, before any site‑specific studies begin. After that notice, the state or tribe gets the same participation and consultation rights as set out in sections 10135–10138. Any money authorized under sections 10136(c) or 10138(b) must come from funds appropriated to the Secretary for carrying out this section.

Full Legal Text

Title 42, §10121

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

(a)Notification to States and affected Indian tribes

Notwithstanding the provisions of section 10107 of this title, upon any decision by the Secretary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific investigations with respect to such repository, the Secretary shall notify the Governor and legislature of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision.

(b)Participation of States and affected Indian tribes

Following the receipt of any notification under subsection (a), the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appropriated to the Secretary for purposes of carrying out this section.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10121

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110