Title 42, The Public Health and WelfareRelease 119-102

§10164 Survey

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 C — Monitored Retrievable Storage › § 10164

Last updated Aug 21, 2026|Official source

Summary

After the MRS Commission sends its report to Congress, the Secretary may survey and evaluate sites that might work for a monitored retrievable storage facility. The Secretary must consider seven factors: whether a site would make the waste-disposal system more reliable and flexible; cut transportation and handling impacts; increase public confidence in safety; cause little harm to the local community or environment; have a good chance of meeting environmental, health, and safety rules quickly; offer other useful benefits; and not place an unfair burden on a State that stores large amounts of defense-related high-level radioactive waste.

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 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102