---
kind: "section"
citation: "42 U.S.C. § 10164"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10164"
heading: "Survey"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10164"
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"
---

# §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 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.

## Source credit

(Pub. L. 97–425, title I, § 144, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.)

## Notes

### Editorial Notes

### Codification

Pub. L. 100–202 and Pub. L. 100–203 added identical sections.