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Title 42 — The Public Health and WelfareRelease 119-73not60

§10166 Notice of Disapproval

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 › § 10166

Last updated Apr 5, 2026|Official source

Summary

A site chosen under section 10165 becomes effective 60 calendar days after the notice date. It is not effective if the tribal governing body for a reservation site, or if the site is off a reservation the State’s Governor and legislature, sends Congress a notice of disapproval. If such a notice is sent, the site selection only takes effect as allowed under section 10135(c). When using these rules, any mention in section 10135(c) of a “repository” means a monitored retrievable storage facility. Any reference to a notice of disapproval of a repository site in sections 10136(b) or 10138(a) should be treated as a notice under this rule.

Full Legal Text

Title 42, §10166

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

(a)The selection of a site under section 10165 of this title shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,11 So in original. Probably should be “section,”. unless the governing body of the Indian tribe on whose reservation such site is located, or, if the site is not on a reservation, the Governor and the legislature of the State in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under section 10165 of this title shall not be effective except as provided under section 10135(c) of this title.
(b)For purposes of carrying out the provisions of this subsection,1 references in section 10135(c) of this title to a repository shall be considered to refer to a monitored retrievable storage facility and references to a notice of disapproval of a repository site designation under section 10136(b) or 10138(a) of this title shall be considered to refer to a notice of disapproval under this section.

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. § 10166

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60