U.S. Code » Title 42 » Chapter CHAPTER 108— NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE

42 U.S.C. § 10121

State and affected Indian tribe participation in development of proposed repositories for defense waste

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(a) Notification to States and affected Indian tribes

Notwithstanding the provisions of section 10107 of this title, upon any decision by the Secretary or the President to develop a repository for the disposal of high-level radioactive waste or spent nuclear fuel resulting exclusively from atomic energy defense activities, research and development activities of the Secretary, or both, and before proceeding with any site-specific investigations with respect to such repository, the Secretary shall notify the Governor and legislature of the State in which such repository is proposed to be located, or the governing body of the affected Indian tribe on whose reservation such repository is proposed to be located, as the case may be, of such decision.

(b) Participation of States and affected Indian tribes

Following the receipt of any notification under subsection (a), the State or Indian tribe involved shall be entitled, with respect to the proposed repository involved, to rights of participation and consultation identical to those provided in sections 10135 through 10138 of this title, except that any financial assistance authorized to be provided to such State or affected Indian tribe under section 10136(c) or 10138(b) of this title shall be made from amounts appropriated to the Secretary for purposes of carrying out this section.

(Pub. L. 97–425, title I, § 101, Jan. 7, 1983, 96 Stat. 2206.)
Notes of Decisions
Cited in 2 cases, 1985–1989 · leading case: State of Nev. v. Burford, 708 F. Supp. 289 (D. Nev. 1989).
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State of Nev. v. Burford, 708 F. Supp. 289 (D. Nev. 1989). “2d 529 at 533, citing 42 U.S.C. § 10121 (b). The denial of such federal funds therefore had a “direct and immediate” effect on Nevada’s testing activities, “discouraging the state from embarking on the lengthy and detailed independent site studies that would allow it to fully…”
State of Nevada v. Herrington, 777 F.2d 529 (9th Cir. 1985). “See 42 U.S.C. § 10121 (b). Because the statute declares that the states’ participation rights for defense waste repositories are “identical to” those at issue here, id.”
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