---
kind: "section"
citation: "42 U.S.C. § 10136"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10136"
heading: "Participation of States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10136"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter I — Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste"
  - "Part A — Repositories for Disposal of High-Level Radioactive Waste and Spent Nu­clear Fuel"
---

# §10136. Participation of States

- (a) **Notification of States and affected tribes—** The [Secretary](/usc/42/10101.md?p=20) shall identify the [States](/usc/42/10101.md?p=24) with one or more potentially acceptable sites for a [repository](/usc/42/10101.md?p=18) within 90 days after January 7, 1983. Within 90 days of such identification, the [Secretary](/usc/42/10101.md?p=20) shall notify the [Governor](/usc/42/10101.md?p=14), the [State](/usc/42/10101.md?p=24) legislature, and the tribal council of any [affected Indian tribe](/usc/42/10101.md?p=2) in any [State](/usc/42/10101.md?p=24) of the potentially acceptable sites within such [State](/usc/42/10101.md?p=24). For the purposes of this subchapter, the term “potentially acceptable site” means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the [Department](/usc/42/10101.md?p=8) undertakes preliminary drilling and geophysical testing for the definition of site location.
- (b) **State participation in repository siting decisions—**
  - (1) Unless otherwise provided by [State](/usc/42/10101.md?p=24) law, the [Governor](/usc/42/10101.md?p=14) or legislature of each [State](/usc/42/10101.md?p=24) shall have authority to submit a notice of disapproval to the Congress under [paragraph (2)](#b-2). In any case in which [State](/usc/42/10101.md?p=24) law provides for submission of any such notice of disapproval by any other person or entity, any reference in this part to the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24) shall be considered to refer instead to such other person or entity.
  - (2) Upon the submission by the President to the Congress of a recommendation of a site for a [repository](/usc/42/10101.md?p=18), the [Governor](/usc/42/10101.md?p=14) or legislature of the [State](/usc/42/10101.md?p=24) in which such site is located may disapprove the site designation and submit to the Congress a notice of disapproval. Such [Governor](/usc/42/10101.md?p=14) or legislature may submit such a notice of disapproval to the Congress not later than the 60 days after the date that the President recommends such site to the Congress under [section 10134 of this title](/usc/42/10134.md). A notice of disapproval shall be considered to be submitted to the Congress on the date of the transmittal of such notice of disapproval to the Speaker of the House and the President pro tempore of the Senate. Such notice of disapproval shall be accompanied by a statement of reasons explaining why such [Governor](/usc/42/10101.md?p=14) or legislature disapproved the recommended [repository](/usc/42/10101.md?p=18) site involved.
  - (3) The authority of the [Governor](/usc/42/10101.md?p=14) or legislature of each [State](/usc/42/10101.md?p=24) under this subsection shall not be applicable with respect to any site located on a [reservation](/usc/42/10101.md?p=19).
- (c) **Financial assistance—**
  - (1)
    - (A) The [Secretary](/usc/42/10101.md?p=20) shall make grants to the [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) for the purpose of participating in activities required by this section and [section 10137 of this title](/usc/42/10137.md) or authorized by written agreement entered into pursuant to [section 10137(c) of this title](/usc/42/10137.md?p=c). Any salary or travel expense that would ordinarily be incurred by such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31), may not be considered eligible for funding under this paragraph.
    - (B) The [Secretary](/usc/42/10101.md?p=20) shall make grants to the [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) for purposes of enabling such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31)—
      - (i) to review activities taken under this part with respect to the [Yucca Mountain site](/usc/42/10101.md?p=30) for purposes of determining any potential economic, social, public health and safety, and environmental impacts of a [repository](/usc/42/10101.md?p=18) on such [State](/usc/42/10101.md?p=24), or [affected unit of local government](/usc/42/10101.md?p=31) and its residents;
      - (ii) to develop a request for impact assistance under [paragraph (2)](#c-2);
      - (iii) to engage in any monitoring, testing, or evaluation activities with respect to [site characterization](/usc/42/10101.md?p=21) programs with regard to such site;
      - (iv) to provide information to Nevada residents regarding any activities of such [State](/usc/42/10101.md?p=24), the [Secretary](/usc/42/10101.md?p=20), or the [Commission](/usc/42/10101.md?p=7) with respect to such site; and
      - (v) to request information from, and make comments and recommendations to, the [Secretary](/usc/42/10101.md?p=20) regarding any activities taken under this part with respect to such site.
    - (C) Any salary or travel expense that would ordinarily be incurred by the [State](/usc/42/10101.md?p=24) of Nevada or any [affected unit of local government](/usc/42/10101.md?p=31) may not be considered eligible for funding under this paragraph.
  - (2)
    - (A)
      - (i) The [Secretary](/usc/42/10101.md?p=20) shall provide financial and technical assistance to the [State](/usc/42/10101.md?p=24) of Nevada, and any [affected unit of local government](/usc/42/10101.md?p=31) requesting such assistance.
      - (ii) Such assistance shall be designed to mitigate the impact on such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) of the development of such [repository](/usc/42/10101.md?p=18) and the characterization of such site.
      - (iii) Such assistance to such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) of such [State](/usc/42/10101.md?p=24) shall commence upon the initiation of [site characterization](/usc/42/10101.md?p=21) activities.
    - (B) The [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) may request assistance under this subsection by preparing and submitting to the [Secretary](/usc/42/10101.md?p=20) a report on the economic, social, public health and safety, and environmental impacts that are likely to result from [site characterization](/usc/42/10101.md?p=21) activities at the [Yucca Mountain site](/usc/42/10101.md?p=30). Such report shall be submitted to the [Secretary](/usc/42/10101.md?p=20) after the [Secretary](/usc/42/10101.md?p=20) has submitted to the [State](/usc/42/10101.md?p=24) a general plan for [site characterization](/usc/42/10101.md?p=21) activities under [section 10133(b) of this title](/usc/42/10133.md?p=b).
    - (C) As soon as practicable after the [Secretary](/usc/42/10101.md?p=20) has submitted such [site characterization](/usc/42/10101.md?p=21) plan, the [Secretary](/usc/42/10101.md?p=20) shall seek to enter into a binding agreement with the [State](/usc/42/10101.md?p=24) of Nevada setting forth—
      - (i) the amount of assistance to be provided under this subsection to such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31); and
      - (ii) the procedures to be followed in providing such assistance.
  - (3)
    - (A) In addition to financial assistance provided under paragraphs [(1)](#c-1) and [(2)](#c-2), the [Secretary](/usc/42/10101.md?p=20) shall grant to the [State](/usc/42/10101.md?p=24) of Nevada and any [affected unit of local government](/usc/42/10101.md?p=31) an amount each fiscal year equal to the amount such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31), respectively, would receive if authorized to tax [site characterization](/usc/42/10101.md?p=21) activities at such site, and the development and operation of such [repository](/usc/42/10101.md?p=18), as such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) taxes the non-Federal real property and industrial activities occurring within such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31).
    - (B) Such grants shall continue until such time as all such activities, development, and operation are terminated at such site.
  - (4)
    - (A) The [State](/usc/42/10101.md?p=24) of Nevada or any [affected unit of local government](/usc/42/10101.md?p=31) may not receive any grant under [paragraph (1)](#c-1) after the expiration of the 1-year period following—
      - (i) the date on which the [Secretary](/usc/42/10101.md?p=20) notifies the [Governor](/usc/42/10101.md?p=14) and legislature of the [State](/usc/42/10101.md?p=24) of Nevada of the termination of [site characterization](/usc/42/10101.md?p=21) activities at the site in such [State](/usc/42/10101.md?p=24);
      - (ii) the date on which the [Yucca Mountain site](/usc/42/10101.md?p=30) is disapproved under [section 10135 of this title](/usc/42/10135.md); or
      - (iii) the date on which the [Commission](/usc/42/10101.md?p=7) disapproves an application for a [construction](/usc/42/300s–3.md?p=7) authorization for a [repository](/usc/42/10101.md?p=18) at such site;

      whichever occurs first.

    - (B) The [State](/usc/42/10101.md?p=24) of Nevada or any [affected unit of local government](/usc/42/10101.md?p=31) may not receive any further assistance under [paragraph (2)](#c-2) with respect to a site if [repository](/usc/42/10101.md?p=18) [construction](/usc/42/300s–3.md?p=7) activities or [site characterization](/usc/42/10101.md?p=21) activities at such site are terminated by the [Secretary](/usc/42/10101.md?p=20) or if such activities are permanently enjoined by any court.
    - (C) At the end of the 2-year period beginning on the effective date of any license to receive and possess for a [repository](/usc/42/10101.md?p=18) in a [State](/usc/42/10101.md?p=24), no Federal funds, shall be made available to such [State](/usc/42/10101.md?p=24) or [affected unit of local government](/usc/42/10101.md?p=31) under paragraph [(1)](#c-1) or [(2)](#c-2), except for—
      - (i) such funds as may be necessary to support activities related to any other [repository](/usc/42/10101.md?p=18) located in, or proposed to be located in, such [State](/usc/42/10101.md?p=24), and for which a license to receive and possess has not been in effect for more than 1 year;
      - (ii) such funds as may be necessary to support [State](/usc/42/10101.md?p=24) activities pursuant to agreements or contracts for impact assistance entered into, under [paragraph (2)](#c-2), by such [State](/usc/42/10101.md?p=24) with the [Secretary](/usc/42/10101.md?p=20) during such 2-year period; and
      - (iii) such funds as may be provided under an agreement entered into under subchapter IV.
  - (5) Financial assistance authorized in this subsection shall be made out of amounts held in the [Waste Fund](/usc/42/10101.md?p=29).
  - (6) No [State](/usc/42/10101.md?p=24), other than the [State](/usc/42/10101.md?p=24) of Nevada, may receive financial assistance under this subsection after December 22, 1987.
- (d) **Additional notification and consultation—** Whenever the [Secretary](/usc/42/10101.md?p=20) is required under any provision of this chapter to notify or consult with the governing body of an [affected Indian tribe](/usc/42/10101.md?p=2) where a site is located, the [Secretary](/usc/42/10101.md?p=20) shall also notify or consult with, as the case may be, the [Governor](/usc/42/10101.md?p=14) of the [State](/usc/42/10101.md?p=24) in which such [reservation](/usc/42/10101.md?p=19) is located.

## Source credit

(Pub. L. 97–425, title I, § 116, Jan. 7, 1983, 96 Stat. 2220; Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5032(a), Dec. 22, 1987, 101 Stat. 1330–241.)

## Notes

### Editorial Notes

### Amendments

1987—Subsec. (c). Pub. L. 100–202 and Pub. L. 100–203 generally amended subsec. (c) identically, substituting provisions consisting of pars. (1) to (6) for former provisions consisting of pars. (1) to (5).