---
kind: "range"
citation: "42 U.S.C. §§ 10163–10169"
title: "42"
from: "10163"
to: "10169"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/42/10163..10169"
---

# §10163. Monitored Retrievable Storage Commission

- (a) **[^1] Establishment—**
  - (1)
    - (A) There is established a Monitored Retrievable [Storage](/usc/42/10101.md?p=25) Review [Commission](/usc/42/10101.md?p=7) (hereinafter in this section referred to as the “MRS [Commission](/usc/42/10101.md?p=7)”), that shall consist of 3 members who shall be appointed by and serve at the pleasure of the President pro tempore of the Senate and the Speaker of the House of [Representatives](/usc/42/3058f.md?p=5).
    - (B) Members of the MRS [Commission](/usc/42/10101.md?p=7) shall be appointed not later than 30 days after December 22, 1987, from among [persons](/usc/42/1320a–7k.md?p=d-4-C-i) who as a result of [training](/usc/42/285e–2.md?p=b-2), experience and attainments are exceptionally well qualified to evaluate the need for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) as a part of the Nation’s nuclear waste management system.
    - (C) The MRS [Commission](/usc/42/10101.md?p=7) shall prepare a report on the need for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) as a part of a national nuclear waste management system that achieves the purposes of this chapter. In preparing the report under this subparagraph, the MRS [Commission](/usc/42/10101.md?p=7) shall—
      - (i) review the status and adequacy of the [Secretary](/usc/42/10101.md?p=20)’s evaluation of the systems advantages and disadvantages of bringing such a [facility](/usc/42/11049.md?p=4) into the national nuclear waste [disposal](/usc/42/10101.md?p=9) system;
      - (ii) obtain comment and available data on monitored retrievable [storage](/usc/42/10101.md?p=25) from affected parties, including [States](/usc/42/10101.md?p=24) containing [potentially acceptable sites](/usc/42/10136.md?p=a);
      - (iii) evaluate the utility of a [monitored retrievable storage facility](/usc/42/10101.md?p=34) from a technical perspective; and
      - (iv) make a recommendation to Congress as to whether such a [facility](/usc/42/11049.md?p=4) should be included in the national nuclear waste management system in order to achieve the purposes of this chapter, including meeting needs for packaging and handling of [spent nuclear fuel](/usc/42/10101.md?p=23), improving the flexibility of the [repository](/usc/42/10101.md?p=18) development schedule, and providing temporary [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) accepted for [disposal](/usc/42/10101.md?p=9).
  - (2) In preparing the report and making its recommendation under [paragraph (1)](#a-1) the MRS [Commission](/usc/42/10101.md?p=7) shall compare such a [facility](/usc/42/11049.md?p=4) to the alternative of at-reactor [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) prior to [disposal](/usc/42/10101.md?p=9) of such fuel in a [repository](/usc/42/10101.md?p=18) under this chapter. Such comparison shall take into consideration the impact on—
    - (A) [repository](/usc/42/10101.md?p=18) design and [construction](/usc/42/7479.md?p=2-C);
    - (B) waste [package](/usc/42/10101.md?p=10) design, fabrication and standardization;
    - (C) waste preparation;
    - (D) waste transportation systems;
    - (E) the reliability of the national system for the [disposal](/usc/42/10101.md?p=9) of radioactive waste;
    - (F) the ability of the [Secretary](/usc/42/10101.md?p=20) to fulfill contractual commitments of the [Department](/usc/42/10101.md?p=8) under this chapter to accept [spent nuclear fuel](/usc/42/10101.md?p=23) for [disposal](/usc/42/10101.md?p=9); and
    - (G) economic factors, including the impact on the costs likely to be imposed on ratepayers of the Nation’s electric utilities for temporary at-reactor [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) prior to final [disposal](/usc/42/10101.md?p=9) in a [repository](/usc/42/10101.md?p=18), as well as the costs likely to be imposed on ratepayers of the Nation’s electric utilities in [building](/usc/42/6881.md?p=i-3) and operating such a [facility](/usc/42/11049.md?p=4).
  - (3) The report under this subsection, together with the recommendation of the MRS [Commission](/usc/42/10101.md?p=7), shall be transmitted to Congress on November 1, 1989.
  - (4)
    - (A)
      - (i) Each member of the MRS [Commission](/usc/42/10101.md?p=7) shall be paid at the rate provided for level III of the Executive Schedule for each day (including travel time) such member is engaged in the work of the MRS [Commission](/usc/42/10101.md?p=7), and shall receive travel expenses, including per diem in lieu of subsistence in the same manner as is permitted under sections [5702](/usc/5/5702.md) and [5703](/usc/5/5703.md) of title 5.
      - (ii) The MRS [Commission](/usc/42/10101.md?p=7) may appoint and fix compensation, not to exceed the rate of basic pay payable for GS–18 of the General Schedule, for such staff as may be necessary to carry out its functions.
    - (B)
      - (i) The MRS [Commission](/usc/42/10101.md?p=7) may hold hearings, sit and act at such times and places, take such testimony and receive such evidence as the MRS [Commission](/usc/42/10101.md?p=7) considers appropriate. Any member of the MRS [Commission](/usc/42/10101.md?p=7) may administer oaths or affirmations to witnesses appearing before the MRS [Commission](/usc/42/10101.md?p=7).
      - (ii) The MRS [Commission](/usc/42/10101.md?p=7) may request any Executive agency, including the [Department](/usc/42/10101.md?p=8), to furnish such assistance or information, including records, data, files, or documents, as the [Commission](/usc/42/10101.md?p=7) considers necessary to carry out its functions. Unless prohibited by law, such agency shall promptly furnish such assistance or information.
      - (iii) To the extent permitted by law, the [Administrator](/usc/42/10101.md?p=1) of the General Services Administration shall, upon request of the MRS [Commission](/usc/42/10101.md?p=7), provide the MRS [Commission](/usc/42/10101.md?p=7) with necessary administrative services, [facilities](/usc/42/11049.md?p=4), and support on a reimbursable basis.
      - (iv) The MRS [Commission](/usc/42/10101.md?p=7) may procure temporary and intermittent services from experts and consultants to the same extent as is authorized by [section 3109(b) of title 5](/usc/5/3109.md?p=b) at rates and under such rules as the MRS [Commission](/usc/42/10101.md?p=7) considers reasonable.
    - (C) The MRS [Commission](/usc/42/10101.md?p=7) shall cease to exist 60 days after the submission to Congress of the report required under this subsection.

# §10164. Survey


After the MRS [Commission](/usc/42/10101.md?p=7) submits its report to the Congress under [section 10163 of this title](/usc/42/10163.md), the [Secretary](/usc/42/10101.md?p=20) may conduct a survey and evaluation of potentially suitable sites for a [monitored retrievable storage facility](/usc/42/10101.md?p=34). In conducting such survey and evaluation, the [Secretary](/usc/42/10101.md?p=20) shall consider the extent to which siting a [monitored retrievable storage facility](/usc/42/10101.md?p=34) at each site surveyed would—

- (1) enhance the reliability and flexibility of the system for the [disposal](/usc/42/10101.md?p=9) of [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) established under this chapter;
- (2) minimize the impacts of transportation and handling of such fuel and waste;
- (3) provide for public confidence in the ability of such system to safely dispose of the fuel and waste;
- (4) impose minimal adverse effects on the local community and the local environment;
- (5) provide a high probability that the [facility](/usc/42/11049.md?p=4) will meet applicable environmental, health, and safety requirements in a timely fashion;
- (6) provide such other benefits to the system for the [disposal](/usc/42/10101.md?p=9) of [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) as the [Secretary](/usc/42/10101.md?p=20) deems appropriate; and
- (7) unduly burden a [State](/usc/42/10101.md?p=24) in which significant volumes of [high-level radioactive waste](/usc/42/10101.md?p=12) resulting from [atomic energy defense activities](/usc/42/10101.md?p=3) are stored.

# §10165. Site selection

- (a) **In general—** The [Secretary](/usc/42/10101.md?p=20) may select the site evaluated under [section 10164 of this title](/usc/42/10164.md) that the [Secretary](/usc/42/10101.md?p=20) determines on the basis of available information to be the most suitable for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) that is an integral part of the system for the [disposal](/usc/42/10101.md?p=9) of [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) established under this chapter.
- (b) **Limitation—** The [Secretary](/usc/42/10101.md?p=20) may not select a site under [subsection (a)](#a) until the [Secretary](/usc/42/10101.md?p=20) recommends to the President the approval of a site for development as a [repository](/usc/42/10101.md?p=18) under [section 10134(a) of this title](/usc/42/10134.md?p=a).
- (c) **Site specific activities—** The [Secretary](/usc/42/10101.md?p=20) may conduct such site specific activities at each site surveyed under [section 10164 of this title](/usc/42/10164.md) as he determines may be necessary to support an application to the [Commission](/usc/42/10101.md?p=7) for a license to construct a [monitored retrievable storage facility](/usc/42/10101.md?p=34) 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](/usc/42/4336e.md?p=6) under section 102(2)(C) of the National Environmental Policy Act of 1969 ([42 U.S.C. 4332(2)(C)](/usc/42/4332.md)). The [Secretary](/usc/42/10101.md?p=20) shall prepare an [environmental assessment](/usc/42/4336e.md?p=4) with respect to such selection in accordance with regulations issued by the [Secretary](/usc/42/10101.md?p=20) implementing such Act [[42 U.S.C. 4321](/usc/42/4321.md) et seq.]. Such [environmental assessment](/usc/42/4336e.md?p=4) shall be based upon available information regarding alternative technologies for the [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12). The [Secretary](/usc/42/10101.md?p=20) shall submit such [environmental assessment](/usc/42/4336e.md?p=4) 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)](#a), the [Secretary](/usc/42/10101.md?p=20) shall notify the [Governor](/usc/42/10101.md?p=14) and legislature of the [State](/usc/42/10101.md?p=24) in which such site is located, or the governing body of the [affected Indian tribe](/usc/42/10101.md?p=2) 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)](#a), the [Secretary](/usc/42/10101.md?p=20) 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](/usc/42/10101.md?p=20) shall promptly notify Congress and the appropriate [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) of the selection under [subsection (a)](#a).
- (g) **Limitation—** No [monitored retrievable storage facility](/usc/42/10101.md?p=34) authorized pursuant to [section 10162(b) of this title](/usc/42/10162.md?p=b) may be constructed in the [State](/usc/42/10101.md?p=24) of Nevada.

# §10166. Notice of disapproval

- (a) **In general—** The selection of a site under [section 10165 of this title](/usc/42/10165.md) shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,[^1] unless the governing body of the [Indian tribe](/usc/42/10101.md?p=15) on whose [reservation](/usc/42/10101.md?p=19) such site is located, or, if the site is not on a [reservation](/usc/42/10101.md?p=19), the [Governor](/usc/42/10101.md?p=14) and the legislature of the [State](/usc/42/10101.md?p=24) 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](/usc/42/10165.md) shall not be effective except as provided under [section 10135(c) of this title](/usc/42/10135.md?p=c).
- (b) **References—** For purposes of carrying out the provisions of this subsection,[^1] references in [section 10135(c) of this title](/usc/42/10135.md?p=c) to a [repository](/usc/42/10101.md?p=18) shall be considered to refer to a [monitored retrievable storage facility](/usc/42/10101.md?p=34) and references to a notice of disapproval of a [repository](/usc/42/10101.md?p=18) site designation under section [10136(b)](/usc/42/10136.md?p=b) or [10138(a)](/usc/42/10138.md?p=a) of this title shall be considered to refer to a notice of disapproval under this section.

# §10167. Benefits agreement


Once selection of a site for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) is made by the [Secretary](/usc/42/10101.md?p=20) under [section 10165 of this title](/usc/42/10165.md), the [Indian tribe](/usc/42/10101.md?p=15) on whose [reservation](/usc/42/10101.md?p=19) the site is located, or, in the case that the site is not located on a [reservation](/usc/42/10101.md?p=19), the [State](/usc/42/10101.md?p=24) in which the site is located, shall be eligible to enter into a benefits [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Secretary](/usc/42/10101.md?p=20) under [section 10173 of this title](/usc/42/10173.md).


# §10168. Construction authorization

- (a) **Environmental impact statement—**
  - (1) Once the selection of a site is effective under [section 10166 of this title](/usc/42/10166.md), the requirements of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) shall apply with respect to [construction](/usc/42/7479.md?p=2-C) of a [monitored retrievable storage facility](/usc/42/10101.md?p=34), except that any [environmental impact statement](/usc/42/4336e.md?p=6) prepared with respect to such [facility](/usc/42/11049.md?p=4) shall not be required to consider the need for such [facility](/usc/42/11049.md?p=4) or any alternative to the design criteria for such [facility](/usc/42/11049.md?p=4) set forth in [section 10161(b)(1) of this title](/usc/42/10161.md?p=b-1).
  - (2) Nothing in this section shall be construed to limit the consideration of alternative [facility](/usc/42/11049.md?p=4) designs consistent with the criteria described in [section 10161(b)(1) of this title](/usc/42/10161.md?p=b-1) in any [environmental impact statement](/usc/42/4336e.md?p=6), or in any licensing procedure of the [Commission](/usc/42/10101.md?p=7), with respect to any [monitored retrievable storage facility](/usc/42/10101.md?p=34) authorized under [section 10162(b) of this title](/usc/42/10162.md?p=b).
- (b) **Application for construction license—** Once the selection of a site for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) is effective under [section 10166 of this title](/usc/42/10166.md), the [Secretary](/usc/42/10101.md?p=20) may submit an application to the [Commission](/usc/42/10101.md?p=7) for a license to construct such a [facility](/usc/42/11049.md?p=4) as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable [agreements](/usc/42/1320b–8.md?p=a-3-A) under this chapter affecting such [facility](/usc/42/11049.md?p=4).
- (c) **Licensing—** Any [monitored retrievable storage facility](/usc/42/10101.md?p=34) authorized pursuant to [section 10162(b) of this title](/usc/42/10162.md?p=b) shall be subject to licensing under [section 5842(3) of this title](/usc/42/5842.md?p=3). In reviewing the application filed by the [Secretary](/usc/42/10101.md?p=20) for licensing of such [facility](/usc/42/11049.md?p=4), the [Commission](/usc/42/10101.md?p=7) may not consider the need for such [facility](/usc/42/11049.md?p=4) or any alternative to the design criteria for such [facility](/usc/42/11049.md?p=4) set forth in [section 10161(b)(1) of this title](/usc/42/10161.md?p=b-1).
- (d) **Licensing conditions—** Any license issued by the [Commission](/usc/42/10101.md?p=7) for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) under this section shall provide that—
  - (1) [construction](/usc/42/7479.md?p=2-C) of such [facility](/usc/42/11049.md?p=4) may not begin until the [Commission](/usc/42/10101.md?p=7) has issued a license for the [construction](/usc/42/7479.md?p=2-C) of a [repository](/usc/42/10101.md?p=18) under [section 10135(d)](/usc/42/10135.md?p=d)[^1] of this title;
  - (2) [construction](/usc/42/7479.md?p=2-C) of such [facility](/usc/42/11049.md?p=4) or acceptance of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) shall be prohibited during such time as the [repository](/usc/42/10101.md?p=18) license is revoked by the [Commission](/usc/42/10101.md?p=7) or [construction](/usc/42/7479.md?p=2-C) of the [repository](/usc/42/10101.md?p=18) ceases;
  - (3) the quantity of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) at the site of such [facility](/usc/42/11049.md?p=4) at any one time may not exceed 10,000 metric tons of heavy metal until a [repository](/usc/42/10101.md?p=18) under this chapter first accepts [spent nuclear fuel](/usc/42/10101.md?p=23) or solidified [high-level radioactive waste](/usc/42/10101.md?p=12); and
  - (4) the quantity of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) at the site of such [facility](/usc/42/11049.md?p=4) at any one time may not exceed 15,000 metric tons of heavy metal.

# §10169. Financial assistance


The provisions of section [10136(c)](/usc/42/10136.md?p=c) or [10138(b)](/usc/42/10138.md?p=b) of this title with respect to grants, technical assistance, and other financial assistance shall apply to the [State](/usc/42/10101.md?p=24), to [affected Indian tribes](/usc/42/10101.md?p=2) and to affected [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) in the case of a [monitored retrievable storage facility](/usc/42/10101.md?p=34) in the same manner as for a [repository](/usc/42/10101.md?p=18).