---
kind: "section"
citation: "42 U.S.C. § 10165"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10165"
heading: "Site selection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10165"
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"
---

# §10165. Site selection

- (a) **In general—** The [Secretary](/usc/42/10101.md?p=20) may select the site evaluated under [section 10164 of this title](/usc/42/10164.md) that the [Secretary](/usc/42/10101.md?p=20) determines on the basis of available information to be the most suitable for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) that is an integral part 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.
- (b) **Limitation—** The [Secretary](/usc/42/10101.md?p=20) may not select a site under [subsection (a)](#a) until the [Secretary](/usc/42/10101.md?p=20) recommends to the President the approval of a site for development as a [repository](/usc/42/10101.md?p=18) under [section 10134(a) of this title](/usc/42/10134.md?p=a).
- (c) **Site specific activities—** The [Secretary](/usc/42/10101.md?p=20) may conduct such site specific activities at each site surveyed under [section 10164 of this title](/usc/42/10164.md) as he determines may be necessary to support an application to the [Commission](/usc/42/10101.md?p=7) for a license to construct a [monitored retrievable storage facility](/usc/42/10101.md?p=34) at such site.
- (d) **Environmental assessment—** Site specific activities and selection of a site under 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 an environmental assessment with respect to such selection 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.]. 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 site is selected.
- (e) **Notification before selection—**
  - (1) At least 6 months before selecting a site under [subsection (a)](#a), 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 site is located, or the governing body of the [affected Indian tribe](/usc/42/10101.md?p=2) where such site is located, as the case may be, of such potential selection and the basis for such selection.
  - (2) Before selecting any site under [subsection (a)](#a), the [Secretary](/usc/42/10101.md?p=20) shall hold at least one public hearing in the vicinity of such site to solicit any recommendations of interested parties with respect to issues raised by the selection of such site.
- (f) **Notification of selection—** The [Secretary](/usc/42/10101.md?p=20) shall promptly notify Congress and the appropriate [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) of the selection under [subsection (a)](#a).
- (g) **Limitation—** No [monitored retrievable storage facility](/usc/42/10101.md?p=34) authorized pursuant to [section 10162(b) of this title](/usc/42/10162.md?p=b) may be constructed in the [State](/usc/42/10101.md?p=24) of Nevada.

## Source credit

(Pub. L. 97–425, title I, § 145, 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

### References in Text

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

### Codification

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