---
kind: "section"
citation: "42 U.S.C. § 10161"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10161"
heading: "Monitored retrievable storage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10161"
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 C — Monitored Retrievable Storage"
---

# §10161. Monitored retrievable storage

- (a) **Findings—** The Congress finds that—
  - (1) long-term [storage](/usc/42/10101.md?p=25) of [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) in [monitored retrievable storage facilities](/usc/42/10101.md?p=34) is an option for providing safe and reliable management of such waste or spent fuel;
  - (2) the executive branch and the Congress should proceed as expeditiously as possible to consider fully a proposal for [construction](/usc/42/300s–3.md?p=7) of one or more [monitored retrievable storage facilities](/usc/42/10101.md?p=34) to provide such long-term [storage](/usc/42/10101.md?p=25);
  - (3) the Federal Government has the responsibility to ensure that site-specific designs for such facilities are available as provided in this section;
  - (4) the generators and [owners](/usc/42/13641.md?p=4) of the [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) to be stored in such facilities have the responsibility to pay the costs of the long-term [storage](/usc/42/10101.md?p=25) of such waste and spent fuel; and
  - (5) [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) in a [repository](/usc/42/10101.md?p=18) developed under this chapter should proceed regardless of any [construction](/usc/42/300s–3.md?p=7) of a [monitored retrievable storage facility](/usc/42/10101.md?p=34) pursuant to this section.
- (b) **Submission of proposal by Secretary—**
  - (1) On or before June 1, 1985, the [Secretary](/usc/42/10101.md?p=20) shall complete a detailed study of the need for and feasibility of, and shall submit to the Congress a proposal for, the [construction](/usc/42/300s–3.md?p=7) of one or more [monitored retrievable storage facilities](/usc/42/10101.md?p=34) for [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23). Each such facility shall be designed—
    - (A) to accommodate [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) resulting from [civilian nuclear activities](/usc/42/10101.md?p=5);
    - (B) to permit continuous monitoring, management, and maintenance of such spent fuel and waste for the foreseeable future;
    - (C) to provide for the ready retrieval of such spent fuel and waste for further processing or [disposal](/usc/42/10101.md?p=9); and
    - (D) to safely store such spent fuel and waste as long as may be necessary by maintaining such facility through appropriate means, including any required replacement of such facility.
  - (2) Such proposal shall include—
    - (A) the establishment of a Federal program for the siting, development, [construction](/usc/42/300s–3.md?p=7), and operation of facilities capable of safely storing [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23), which facilities are to be licensed by the [Commission](/usc/42/10101.md?p=7);
    - (B) a plan for the funding of the [construction](/usc/42/300s–3.md?p=7) and operation of such facilities, which plan shall provide that the costs of such activities shall be borne by the generators and [owners](/usc/42/13641.md?p=4) of the [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) to be stored in such facilities;
    - (C) site-specific designs, specifications, and cost estimates sufficient to (i) solicit bids for the [construction](/usc/42/300s–3.md?p=7) of the first such facility; (ii) support congressional authorization of the [construction](/usc/42/300s–3.md?p=7) of such facility; and (iii) enable completion and operation of such facility as soon as practicable following congressional authorization of such facility; and
    - (D) a plan for integrating facilities constructed pursuant to this section with other [storage](/usc/42/10101.md?p=25) and [disposal](/usc/42/10101.md?p=9) facilities authorized in this chapter.
  - (3) In formulating such proposal, the [Secretary](/usc/42/10101.md?p=20) shall consult with the [Commission](/usc/42/10101.md?p=7) and the [Administrator](/usc/42/10101.md?p=1), and shall submit their comments on such proposal to the Congress at the time such proposal is submitted.
  - (4) The proposal shall include, for the first such facility, at least 3 alternative sites and at least 5 alternative combinations of such proposed sites and facility designs consistent with the criteria of [paragraph (1)](#b-1). The [Secretary](/usc/42/10101.md?p=20) shall recommend the combination among the alternatives that the [Secretary](/usc/42/10101.md?p=20) deems preferable. The environmental assessment under [subsection (c)](#c) shall include a full analysis of the relative advantages and disadvantages of all 5 such alternative combinations of proposed sites and proposed facility designs.
- (c) **Environmental impact statements—**
  - (1) Preparation and submission to the Congress of the proposal required in 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)](/usc/42/4332.md)). The [Secretary](/usc/42/10101.md?p=20) shall prepare, 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.], an environmental assessment with respect to such proposal. Such environmental assessment 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 to the Congress at the time such proposal is submitted.
  - (2) If the Congress by law, after review of the proposal submitted by the [Secretary](/usc/42/10101.md?p=20) under [subsection (b)](#b), specifically authorizes [construction](/usc/42/300s–3.md?p=7) of a [monitored retrievable storage facility](/usc/42/10101.md?p=34), 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/42/300s–3.md?p=7) of such facility, except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in [subsection (b)(1)](#b-1).
- (d) **Licensing—** Any facility authorized pursuant to this section 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 the first such facility, the [Commission](/usc/42/10101.md?p=7) may not consider the need for such facility or any alternative to the design criteria for such facility set forth in [subsection (b)(1)](#b-1).
- (e) **Clarification—** Nothing in this section limits the consideration of alternative facility designs consistent with the criteria of paragraph (b)(1) in any environmental impact statement, or in any licensing procedure of the [Commission](/usc/42/10101.md?p=7), with respect to any monitored, retrievable facility authorized pursuant to this section.
- (f) **Impact assistance—**
  - (1) Upon receipt by the [Secretary](/usc/42/10101.md?p=20) of congressional authorization to construct a facility described in [subsection (b)](#b), the [Secretary](/usc/42/10101.md?p=20) shall commence making annual impact aid payments to appropriate units of general local government in order to mitigate any social or economic impacts resulting from the [construction](/usc/42/300s–3.md?p=7) and subsequent operation of any such facility within the jurisdictional boundaries of any such unit.
  - (2) Payments made available to units of general local government under this subsection shall be—
    - (A) allocated in a fair and equitable manner, with priority given to units of general local government determined by the [Secretary](/usc/42/10101.md?p=20) to be most severely affected; and
    - (B) utilized by units of general local government only for planning, [construction](/usc/42/300s–3.md?p=7), maintenance, and provision of public services related to the siting of such facility.
  - (3) Such payments shall be subject to such terms and conditions as the [Secretary](/usc/42/10101.md?p=20) determines are necessary to ensure achievement of the purposes of this subsection. The [Secretary](/usc/42/10101.md?p=20) shall issue such regulations as may be necessary to carry out the provisions of this subsection.
  - (4) Such payments shall be made available entirely from funds held in the Nuclear [Waste Fund](/usc/42/10101.md?p=29) established in [section 10222(c) of this title](/usc/42/10222.md?p=c) and shall be available only to the extent provided in advance in appropriation Acts.
  - (5) The [Secretary](/usc/42/10101.md?p=20) may consult with appropriate units of general local government in advance of commencement of [construction](/usc/42/300s–3.md?p=7) of any such facility in an effort to determine the level of payments each such unit is eligible to receive under this subsection.
- (g) **Limitation—** No [monitored retrievable storage facility](/usc/42/10101.md?p=34) developed pursuant to this section may be constructed in any [State](/usc/42/10101.md?p=24) in which there is located any site approved for [site characterization](/usc/42/10101.md?p=21) under [section 10132 of this title](/usc/42/10132.md). The restriction in the preceding sentence shall only apply until such time as the [Secretary](/usc/42/10101.md?p=20) decides that such [candidate site](/usc/42/10101.md?p=4) is no longer a [candidate site](/usc/42/10101.md?p=4) under consideration for development as a [repository](/usc/42/10101.md?p=18). Such restriction shall continue to apply to any site selected for [construction](/usc/42/300s–3.md?p=7) as a [repository](/usc/42/10101.md?p=18).
- (h) **Participation of States and Indian tribes—** Any facility authorized pursuant to this section shall be subject to the provisions of sections [10135](/usc/42/10135.md), [10136(a)](/usc/42/10136.md?p=a), [10136(b)](/usc/42/10136.md?p=b), [10136(d)](/usc/42/10136.md?p=d), [10137](/usc/42/10137.md), and [10138](/usc/42/10138.md) of this title. For purposes of carrying out the provisions of this subsection, any reference in sections [10135](/usc/42/10135.md) through [10138](/usc/42/10138.md) of this title 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).

## Source credit

(Pub. L. 97–425, title I, § 141, Jan. 7, 1983, 96 Stat. 2241.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c), 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.