Title 42, The Public Health and WelfareRelease 119-110
§10173c Termination
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 F — Benefits › § 10173c
Summary
The Secretary may end a benefits agreement if a site fails the Secretary’s technical rules or if the Commission cannot license the facility in a reasonable time. States or tribes may only end agreements for those reasons; the Secretary must write decisions, notify Congress and the public, and courts may not review them.
Full Legal Text
Title 42, §10173c
The Public Health and Welfare, Source: USLM XML via OLRC
(a)In general
The Secretary may terminate a benefits agreement under this subchapter if—
(1)the site under consideration is disqualified for its failure to comply with guidelines and technical requirements established by the Secretary in accordance with this chapter; or
(2)the Secretary determines that the Commission cannot license the facility within a reasonable time.
(b)Termination by State or Indian tribe
A State or Indian tribe may terminate a benefits agreement under this subchapter only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this chapter or the Secretary determines that the Commission cannot license the facility within a reasonable time.
(c)Decisions of Secretary
Decisions of the Secretary under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review.
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. § 10173c
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110