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 › Part Part C— Monitored Retrievable Storage

42 U.S.C. § 10165

Site selection

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(a) In general

The Secretary may select the site evaluated under section 10164 of this title that the Secretary determines on the basis of available information to be the most suitable for a monitored retrievable storage facility that is an integral part of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter.

(b) Limitation

The Secretary may not select a site under subsection (a) until the Secretary recommends to the President the approval of a site for development as a repository under section 10134(a) of this title.

(c) Site specific activities

The Secretary may conduct such site specific activities at each site surveyed under section 10164 of this title as he determines may be necessary to support an application to the Commission for a license to construct a monitored retrievable storage facility at such site.

(d) Environmental assessment

Site specific activities and selection of a site under this section shall not require the preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental assessment with respect to such selection in accordance with regulations issued by the Secretary implementing such Act [42 U.S.C. 4321 et seq.]. Such environmental assessment shall be based upon available information regarding alternative technologies for the storage of spent nuclear fuel and high-level radioactive waste. The Secretary shall submit such environmental assessment to the Congress at the time such site is selected.

(e) Notification before selection(1) At least 6 months before selecting a site under subsection (a), the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such potential selection and the basis for such selection.(2) Before selecting any site under subsection (a), the Secretary shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with respect to issues raised by the selection of such site.(f) Notification of selection

The Secretary shall promptly notify Congress and the appropriate State or Indian tribe of the selection under subsection (a).

(g) Limitation

No monitored retrievable storage facility authorized pursuant to section 10162(b) of this title may be constructed in the State of Nevada.

(Pub. L. 97–425, title I, § 145, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.)Editorial NotesReferences in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

Codification

Pub. L. 100–202 and Pub. L. 100–203 added identical sections.

Notes of Decisions
Cited in 4 cases, 2007–2008 · leading case: Sys. Fuels, Inc. v. United States, 79 Fed. Cl. 37 (Fed. Cl. 2007).
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Sys. Fuels, Inc. v. United States, 79 Fed. Cl. 37 (Fed. Cl. 2007). “at 1330-234 (codified at 42 U.S.C. § 10165 (b)). Second, DOE could not begin to construct the MRS until the permanent repository had been licensed to be constructed, and any construction of the MRS or acceptance of spent fuel by the MRS would *45 halt should the repository’s…”
N. States Power Co. v. United States, 78 Fed. Cl. 449 (Fed. Cl. 2007). “§ 10162 (b), provided that DOE not select a site for the MRS facility “until the Secretary recommends to the President the approval of a site for development as a repository,” 42 U.S.C. § 10165 (b), and that construction of the MRS facility not begin "until the [NRC] has issued…”
Sys. Fuels, Inc. v. United States, 79 Fed. Cl. 182 (Fed. Cl. 2007). “42 U.S.C. § 10165 (b). Second, DOE could not begin to construct a MRS until a permanent repository had been licensed to be constructed, and construction of the MRS or acceptance of SNF by the MRS would have to halt if the repository’s license were to be revoked or should…”
Dominion Resources, Inc. v. United States, 84 Fed. Cl. 259 (Fed. Cl. 2008). “(citing 42 U.S.C. § 10165 (b)). Second, construction of the MRS facility could not begin until a license had been obtained to construct the permanent repository.”
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