---
kind: "section"
citation: "42 U.S.C. § 10121"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10121"
heading: "State and affected Indian tribe participation in development of proposed repositories for defense waste"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10121"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter I — Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste"
---

# §10121. State and affected Indian tribe participation in development of proposed repositories for defense waste

- (a) **Notification to States and affected Indian tribes—** Notwithstanding the provisions of [section 10107 of this title](/usc/42/10107.md), upon any decision by the [Secretary](/usc/42/10101.md?p=20) or the President to develop a [repository](/usc/42/10101.md?p=18) for the [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) resulting exclusively from [atomic energy defense activities](/usc/42/10101.md?p=3), research and development activities of the [Secretary](/usc/42/10101.md?p=20), or both, and before proceeding with any site-specific investigations with respect to such [repository](/usc/42/10101.md?p=18), 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 [repository](/usc/42/10101.md?p=18) is proposed to be located, or the governing body of the [affected Indian tribe](/usc/42/10101.md?p=2) on whose [reservation](/usc/42/10101.md?p=19) such [repository](/usc/42/10101.md?p=18) 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)](#a), the [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) involved shall be entitled, with respect to the proposed [repository](/usc/42/10101.md?p=18) involved, to rights of participation and consultation identical to those provided in sections [10135](/usc/42/10135.md) through [10138](/usc/42/10138.md) of this title, except that any financial assistance authorized to be provided to such [State](/usc/42/10101.md?p=24) or [affected Indian tribe](/usc/42/10101.md?p=2) under section [10136(c)](/usc/42/10136.md?p=c) or [10138(b)](/usc/42/10138.md?p=b) of this title shall be made from amounts appropriated to the [Secretary](/usc/42/10101.md?p=20) for purposes of carrying out this section.

## Source credit

(Pub. L. 97–425, title I, § 101, Jan. 7, 1983, 96 Stat. 2206.)