---
kind: "section"
citation: "42 U.S.C. § 10166"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10166"
heading: "Notice of disapproval"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10166"
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"
---

# §10166. Notice of disapproval

- (a) **In general—** The selection of a site under [section 10165 of this title](/usc/42/10165.md) shall be effective at the end of the period of 60 calendar days beginning on the date of notification under such subsection,[^1] unless the governing body of the [Indian tribe](/usc/42/10101.md?p=15) on whose [reservation](/usc/42/10101.md?p=19) such site is located, or, if the site is not on a [reservation](/usc/42/10101.md?p=19), the [Governor](/usc/42/10101.md?p=14) and the legislature of the [State](/usc/42/10101.md?p=24) in which the site is located, has submitted to Congress a notice of disapproval with respect to such site. If any such notice of disapproval has been submitted under this subsection, the selection of the site under [section 10165 of this title](/usc/42/10165.md) shall not be effective except as provided under [section 10135(c) of this title](/usc/42/10135.md?p=c).
- (b) **References—** For purposes of carrying out the provisions of this subsection,[^1] references in [section 10135(c) of this title](/usc/42/10135.md?p=c) 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) and references to a notice of disapproval of a [repository](/usc/42/10101.md?p=18) site designation under section [10136(b)](/usc/42/10136.md?p=b) or [10138(a)](/usc/42/10138.md?p=a) of this title shall be considered to refer to a notice of disapproval under this section.

## Footnotes

[^1]: So in original. Probably should be “section,”.

## Source credit

(Pub. L. 97–425, title I, § 146, 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. 1330–235.)

## Notes

### Editorial Notes

### Codification

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