---
kind: "section"
citation: "42 U.S.C. § 10137"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10137"
heading: "Consultation with States and affected Indian tribes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10137"
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"
---

# §10137. Consultation with States and affected Indian tribes

- (a) **Provision of information—**
  - (1) The [Secretary](/usc/42/10101.md?p=20), the [Commission](/usc/42/10101.md?p=7), and other [agencies](/usc/42/8262.md?p=1) involved in the [construction](/usc/42/300s–3.md?p=7), operation, or regulation of any aspect of a [repository](/usc/42/10101.md?p=18) in a [State](/usc/42/10101.md?p=24) shall provide to the [Governor](/usc/42/10101.md?p=14) and legislature of such [State](/usc/42/10101.md?p=24), and to the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), timely and complete information regarding determinations or plans made with respect to the [site characterization](/usc/42/10101.md?p=21) siting, development, design, licensing, [construction](/usc/42/300s–3.md?p=7), operation, regulation, or decommissioning of such [repository](/usc/42/10101.md?p=18).
  - (2) Upon written request for such information by the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24), or by the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, the [Secretary](/usc/42/10101.md?p=20) shall provide a written response to such request within 30 days of the receipt of such request. Such response shall provide the information requested or, in the alternative, the reasons why the information cannot be so provided. If the [Secretary](/usc/42/10101.md?p=20) fails to so respond within such 30 days, the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24), or the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, may transmit a formal written objection to such failure to respond to the President. If the President or [Secretary](/usc/42/10101.md?p=20) fails to respond to such written request within 30 days of the receipt by the President of such formal written objection, the [Secretary](/usc/42/10101.md?p=20) shall immediately suspend all activities in such [State](/usc/42/10101.md?p=24) authorized by this part, and shall not renew such activities until the [Governor](/usc/42/10101.md?p=14) or legislature of such [State](/usc/42/10101.md?p=24), or the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, has received the written response to such written request required by this subsection.
- (b) **Consultation and cooperation—** In performing any study of an area within a [State](/usc/42/10101.md?p=24) for the purpose of determining the suitability of such area for a [repository](/usc/42/10101.md?p=18) pursuant to [section 10132(c) of this title](/usc/42/10132.md?p=c), and in subsequently developing and loading[^1] any [repository](/usc/42/10101.md?p=18) within such [State](/usc/42/10101.md?p=24), the [Secretary](/usc/42/10101.md?p=20) shall consult and cooperate with the [Governor](/usc/42/10101.md?p=14) and legislature of such [State](/usc/42/10101.md?p=24) and the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2) in an effort to resolve the concerns of such [State](/usc/42/10101.md?p=24) and any [affected Indian tribe](/usc/42/10101.md?p=2) regarding the public health and safety, environmental, and economic impacts of any such [repository](/usc/42/10101.md?p=18). In carrying out his duties under this part, the [Secretary](/usc/42/10101.md?p=20) shall take such concerns into account to the maximum extent feasible and as specified in written agreements entered into under [subsection (c)](#c).
- (c) **Written agreement—** Not later than 60 days after (1) the approval of a site for [site characterization](/usc/42/10101.md?p=21) for such a [repository](/usc/42/10101.md?p=18) under [section 10132(c) of this title](/usc/42/10132.md?p=c), or (2) the written request of the [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) in any affected [State](/usc/42/10101.md?p=24) notified under [section 10136(a) of this title](/usc/42/10136.md?p=a) to the [Secretary](/usc/42/10101.md?p=20), whichever,[^2] first occurs, the [Secretary](/usc/42/10101.md?p=20) shall seek to enter into a binding written agreement, and shall begin negotiations, with such [State](/usc/42/10101.md?p=24) and, where appropriate, to enter into a separate binding agreement with the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2), setting forth (but not limited to) the procedures under which the requirements of subsections [(a)](#a) and [(b)](#b), and the provisions of such written agreement, shall be carried out. Any such written agreement shall not affect the authority of the [Commission](/usc/42/10101.md?p=7) under existing law. Each such written agreement shall, to the maximum extent feasible, be completed not later than 6 months after such notification. Such written agreement shall specify procedures—
  - (1) by which such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2), as the case may be, may study, determine, comment on, and make recommendations with regard to the possible public health and safety, environmental, social, and economic impacts of any such [repository](/usc/42/10101.md?p=18);
  - (2) by which the [Secretary](/usc/42/10101.md?p=20) shall consider and respond to comments and recommendations made by such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2), including the period in which the [Secretary](/usc/42/10101.md?p=20) shall so respond;
  - (3) by which the [Secretary](/usc/42/10101.md?p=20) and such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2) may review or modify the agreement periodically;
  - (4) by which such [State](/usc/42/10101.md?p=24) or governing body of an [affected Indian tribe](/usc/42/10101.md?p=2) is to submit an impact report and request for impact assistance under [section 10136(c) of this title](/usc/42/10136.md?p=c) or [section 10138(b) of this title](/usc/42/10138.md?p=b), as the case may be;
  - (5) by which the [Secretary](/usc/42/10101.md?p=20) shall assist such [State](/usc/42/10101.md?p=24), and the units of general local government in the vicinity of the [repository](/usc/42/10101.md?p=18) site, in resolving the offsite concerns of such [State](/usc/42/10101.md?p=24) and units of general local government, including, but not limited to, questions of [State](/usc/42/10101.md?p=24) liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) through such [State](/usc/42/10101.md?p=24), conduct of baseline health studies of inhabitants in neighboring communities near the [repository](/usc/42/10101.md?p=18) site and reasonable periodic monitoring thereafter, and monitoring of the [repository](/usc/42/10101.md?p=18) site upon any decommissioning and decontamination;
  - (6) by which the [Secretary](/usc/42/10101.md?p=20) shall consult and cooperate with such [State](/usc/42/10101.md?p=24) on a regular, ongoing basis and provide for an orderly process and timely schedule for [State](/usc/42/10101.md?p=24) review and evaluation, including identification in the agreement of key events, milestones, and decision points in the activities of the [Secretary](/usc/42/10101.md?p=20) at the potential [repository](/usc/42/10101.md?p=18) site;
  - (7) by which the [Secretary](/usc/42/10101.md?p=20) shall notify such [State](/usc/42/10101.md?p=24) prior to the transportation of any [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) into such [State](/usc/42/10101.md?p=24) for [disposal](/usc/42/10101.md?p=9) at the [repository](/usc/42/10101.md?p=18) site;
  - (8) by which such [State](/usc/42/10101.md?p=24) may conduct reasonable independent monitoring and testing of activities on the [repository](/usc/42/10101.md?p=18) site, except that such monitoring and testing shall not unreasonably interfere with or delay onsite activities;
  - (9) for sharing, in accordance with applicable law, of all technical and licensing information, the utilization of available expertise, the facilitating of permit procedures, joint [project](/usc/42/13641.md?p=2) review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable Federal and [State](/usc/42/10101.md?p=24) laws;
  - (10) for public notification of the procedures specified under the preceding paragraphs; and
  - (11) for resolving objections of a [State](/usc/42/10101.md?p=24) and [affected Indian tribes](/usc/42/10101.md?p=2) at any stage of the planning, siting, development, [construction](/usc/42/300s–3.md?p=7), operation, or closure of such a facility within such [State](/usc/42/10101.md?p=24) through negotiation, arbitration, or other appropriate mechanisms.
- (d) **On-site representative—** The [Secretary](/usc/42/10101.md?p=20) shall offer to any [State](/usc/42/10101.md?p=24), [Indian tribe](/usc/42/10101.md?p=15) or unit of local government within whose jurisdiction a site for a [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34) is located under this subchapter an opportunity to designate a representative to conduct on-site oversight activities at such site. Reasonable expenses of such representatives shall be paid out of the [Waste Fund](/usc/42/10101.md?p=29).

## Footnotes

[^1]: So in original. Probably should be “locating”.
[^2]: So in original. The comma probably should not appear.

## Source credit

(Pub. L. 97–425, title I, § 117, Jan. 7, 1983, 96 Stat. 2222; Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5011(m), Dec. 22, 1987, 101 Stat. 1330–231; Pub. L. 104–66, title I, § 1051(i), Dec. 21, 1995, 109 Stat. 716.)

## Notes

### Editorial Notes

### Amendments

1995—Subsec. (c). Pub. L. 104–66 struck out after third sentence “If such written agreement is not completed within such period, the Secretary shall report to the Congress in writing within 30 days on the status of negotiations to develop such agreement and the reasons why such agreement has not been completed. Prior to submission of such report to the Congress, the Secretary shall transmit such report to the Governor of such State or the governing body of such affected Indian tribe, as the case may be, for their review and comments. Such comments shall be included in such report prior to submission to the Congress.”

1987—Subsec. (d). Pub. L. 100–202 and Pub. L. 100–203 amended section identically, adding subsec. (d).