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Title 42, The Public Health and WelfareRelease 119-110

§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 Sep 23, 2026|Official source

Summary

A chosen site becomes final 60 calendar days after the day people are told about the choice. That final step does not happen if the tribal governing body where the site is on a reservation, or if the site is off a reservation the State’s Governor and legislature, send Congress a written notice saying they disapprove. If such a notice is sent, the site only takes effect as described in section 10135(c). When applying section 10135(c) here, read the word "repository" to mean a monitored retrievable storage facility, and treat any mention of a "notice of disapproval" of a repository site in sections 10136(b) or 10138(a) as the same kind of notice described above.

Full Legal Text

Title 42, §10166

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

(a)In general
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, 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)References
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

Sep 23, 2026

Release point: 119-110