§10137 — Title 42 The Public Health and Welfare | U.S. Code

§10137 Consultation with States and Affected Indian Tribes

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 › Part A— Repositories for Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel › § 10137

Last updated Apr 5, 2026|Official source

Summary

Agencies involved with a repository must give the Governor and legislature of the State, and the governing body of any affected Indian tribe, timely and complete information about site studies, design, licensing, construction, operation, regulation, and closing of the repository. If the Governor, legislature, or tribe asks for information in writing, the Secretary must reply in writing within 30 days with the information or explain why it cannot be given. If the Secretary does not reply in 30 days, the State or tribe can send a written objection to the President. If the President or Secretary still does not answer within 30 days after the President gets that objection, the Secretary must immediately suspend all activities in that State until the written response is provided. When studying or building a repository in a State, the Secretary must consult and work with the State and any affected tribe to address health, safety, environmental, and economic concerns and must consider those concerns as much as possible. Within 60 days after a site is approved for study or after a State or tribe requests talks (whichever happens first), the Secretary must start negotiating a binding written agreement with the State and, if needed, the tribe, and try to finish it within 6 months. That agreement must set procedures for studying and commenting on impacts; how the Secretary will respond to comments and when; periodic review; filing impact reports and requests for help; resolving offsite issues (for example, liability, road upgrades, emergency plans, transport monitoring, health studies, and site monitoring after cleanup); regular consultation and schedules; notifying the State before waste is brought in; allowing reasonable independent testing; sharing technical and licensing information and helping with permits; public notice; and ways to resolve objections such as negotiation or arbitration. The Secretary must also offer States, tribes, and local governments the chance to name a representative for on-site oversight, and reasonable expenses for those representatives will be paid from the Waste Fund.

Title 42, §10137

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

(a)(1)The Secretary, the Commission, and other agencies involved in the construction, operation, or regulation of any aspect of a repository in a State shall provide to the Governor and legislature of such State, and to the governing body of any affected Indian tribe, timely and complete information regarding determinations or plans made with respect to the site characterization siting, development, design, licensing, construction, operation, regulation, or decommissioning of such repository.

(2)Upon written request for such information by the Governor or legislature of such State, or by the governing body of any affected Indian tribe, as the case may be, the Secretary shall provide a written response to such request within 30 days of the receipt of such request. Such response shall provide the information requested or, in the alternative, the reasons why the information cannot be so provided. If the Secretary fails to so respond within such 30 days, the Governor or legislature of such State, or the governing body of any affected Indian tribe, as the case may be, may transmit a formal written objection to such failure to respond to the President. If the President or Secretary fails to respond to such written request within 30 days of the receipt by the President of such formal written objection, the Secretary shall immediately suspend all activities in such State authorized by this part, and shall not renew such activities until the Governor or legislature of such State, or the governing body of any affected Indian tribe, as the case may be, has received the written response to such written request required by this subsection.

(b)In performing any study of an area within a State for the purpose of determining the suitability of such area for a repository pursuant to section 10132(c) of this title, and in subsequently developing and loading 11 So in original. Probably should be “locating”. any repository within such State, the Secretary shall consult and cooperate with the Governor and legislature of such State and the governing body of any affected Indian tribe in an effort to resolve the concerns of such State and any affected Indian tribe regarding the public health and safety, environmental, and economic impacts of any such repository. In carrying out his duties under this part, the Secretary shall take such concerns into account to the maximum extent feasible and as specified in written agreements entered into under subsection (c).

(c)Not later than 60 days after (1) the approval of a site for site characterization for such a repository under section 10132(c) of this title, or (2) the written request of the State or Indian tribe in any affected State notified under section 10136(a) of this title to the Secretary, whichever,22 So in original. The comma probably should not appear. first occurs, the Secretary shall seek to enter into a binding written agreement, and shall begin negotiations, with such State and, where appropriate, to enter into a separate binding agreement with the governing body of any affected Indian tribe, setting forth (but not limited to) the procedures under which the requirements of subsections (a) and (b), and the provisions of such written agreement, shall be carried out. Any such written agreement shall not affect the authority of the Commission under existing law. Each such written agreement shall, to the maximum extent feasible, be completed not later than 6 months after such notification. Such written agreement shall specify procedures—

(1)by which such State or governing body of an affected Indian tribe, as the case may be, may study, determine, comment on, and make recommendations with regard to the possible public health and safety, environmental, social, and economic impacts of any such repository;

(2)by which the Secretary shall consider and respond to comments and recommendations made by such State or governing body of an affected Indian tribe, including the period in which the Secretary shall so respond;

(3)by which the Secretary and such State or governing body of an affected Indian tribe may review or modify the agreement periodically;

(4)by which such State or governing body of an affected Indian tribe is to submit an impact report and request for impact assistance under section 10136(c) of this title or section 10138(b) of this title, as the case may be;

(5)by which the Secretary shall assist such State, and the units of general local government in the vicinity of the repository site, in resolving the offsite concerns of such State and units of general local government, including, but not limited to, questions of State liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of high-level radioactive waste and spent nuclear fuel through such State, conduct of baseline health studies of inhabitants in neighboring communities near the repository site and reasonable periodic monitoring thereafter, and monitoring of the repository site upon any decommissioning and decontamination;

(6)by which the Secretary shall consult and cooperate with such State on a regular, ongoing basis and provide for an orderly process and timely schedule for State review and evaluation, including identification in the agreement of key events, milestones, and decision points in the activities of the Secretary at the potential repository site;

(7)by which the Secretary shall notify such State prior to the transportation of any high-level radioactive waste and spent nuclear fuel into such State for disposal at the repository site;

(8)by which such State may conduct reasonable independent monitoring and testing of activities on the repository site, except that such monitoring and testing shall not unreasonably interfere with or delay onsite activities;

(9)for sharing, in accordance with applicable law, of all technical and licensing information, the utilization of available expertise, the facilitating of permit procedures, joint project review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable Federal and State laws;

(10)for public notification of the procedures specified under the preceding paragraphs; and

(11)for resolving objections of a State and affected Indian tribes at any stage of the planning, siting, development, construction, operation, or closure of such a facility within such State through negotiation, arbitration, or other appropriate mechanisms.

(d)The Secretary shall offer to any State, Indian tribe or unit of local government within whose jurisdiction a site for a repository or monitored retrievable storage facility is located under this subchapter an opportunity to designate a representative to conduct on-site oversight activities at such site. Reasonable expenses of such representatives shall be paid out of the Waste Fund.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Subsec. (c). Pub. L. 104–66 struck out after third sentence “If such written agreement is not completed within such period, the Secretary shall report to the Congress in writing within 30 days on the status of negotiations to develop such agreement and the reasons why such agreement has not been completed. Prior to submission of such report to the Congress, the Secretary shall transmit such report to the Governor of such State or the governing body of such affected Indian tribe, as the case may be, for their review and comments. Such comments shall be included in such report prior to submission to the Congress.” 1987—Subsec. (d). Pub. L. 100–202 and Pub. L. 100–203 amended section identically, adding subsec. (d).