Title 42The Public Health and WelfareRelease 119-73not60

§10195 Test and Evaluation Facility Siting Review and Reports

Title 42 › Chapter 108— NUCLEAR WASTE POLICY › Subchapter II— RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL › § 10195

Last updated Apr 5, 2026|Official source

Summary

When a site is chosen for a test and evaluation facility, the State Governor or the governing body of any affected Indian tribe must be allowed to join a continuous consultation and cooperation process from the moment the site is identified and for as long as the facility exists. The federal Secretary must keep them fully informed about possible economic, health, and safety effects at every stage, collect and consider their concerns, try to resolve those concerns, and allow the State or tribe to do reasonable on‑site monitoring and testing so long as it does not unreasonably interfere with facility work. The Secretary must sign a written agreement with the Governor or tribal governing body to speed up this work. The agreement must say how the State or tribe can study and comment on impacts, how and when the Secretary will respond, what documents and timing will be provided, how concerns will be raised and addressed, how the agreement can be changed over time, and how the public will be notified. Nothing here gives the State or tribe control over siting, building, or loading the facility except as the agreement allows.

Full Legal Text

Title 42, §10195

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

(a)The Governor of a State, or the governing body of an affected Indian tribe, notified of a site identification under section 10193 of this title shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the test and evaluation facility. For purposes of this section, the term “process of consultation and cooperation” means a methodology—
(1)by which the Secretary—
(A)keeps the Governor or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, construction, and operation of a test and evaluation facility;
(B)solicits, receives, and evaluates concerns and objections of such Governor or governing body with regard to such test and evaluation facility on an ongoing basis; and
(C)works diligently and cooperatively to resolve such concerns and objections; and
(2)by which the State or affected Indian tribe involved can exercise reasonable independent monitoring and testing of onsite activities related to all stages of the siting, development, construction and operation of the test and evaluation facility, except that any such monitoring and testing shall not unreasonably interfere with onsite activities.
(b)The Secretary shall enter into written agreements with the Governor of the State in which an identified site is located or with the governing body of any affected Indian tribe where an identified site is located in order to expedite the consultation and cooperation process. Any such written agreement shall specify—
(1)procedures by which such Governor or governing body may study, determine, comment on, and make recommendations with regard to the possible health, safety, and economic impacts of the test and evaluation facility;
(2)procedures by which the Secretary shall consider and respond to comments and recommendations made by such Governor or governing body, including the period in which the Secretary shall so respond;
(3)the documents the Department is to submit to such Governor or governing body, the timing for such submissions, the timing for such Governor or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those concerns;
(4)procedures by which the Secretary and either such Governor or governing body may review or modify the agreement periodically; and
(5)procedures for public notification of the procedures specified under subparagraphs (A) through (D).
(c)Except as specifically provided in this section, nothing in this subchapter is intended to grant any State or affected Indian tribe any authority with respect to the siting, development, or loading of the test and evaluation facility.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10195

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60