---
kind: "section"
citation: "42 U.S.C. § 10171"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10171"
heading: "Financial arrangements for low-level radioactive waste site closure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10171"
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 D — Low-Level Radioactive Waste"
---

# §10171. Financial arrangements for low-level radioactive waste site closure

- (a) **Financial arrangements—**
  - (1) The [Commission](/usc/42/10101.md?p=7) shall establish by rule, regulation, or order, after public notice, and in accordance with [section 2231 of this title](/usc/42/2231.md), such standards and instructions as the [Commission](/usc/42/10101.md?p=7) may deem necessary or desirable to ensure in the case of each license for the [disposal](/usc/42/10101.md?p=9) of [low-level radioactive waste](/usc/42/10101.md?p=16) that an adequate bond, surety, or other financial arrangement (as determined by the [Commission](/usc/42/10101.md?p=7)) will be provided by a licensee to permit completion of all requirements established by the [Commission](/usc/42/10101.md?p=7) for the decontamination, decommissioning, site closure, and reclamation of sites, structures, and equipment used in conjunction with such [low-level radioactive waste](/usc/42/10101.md?p=16). Such financial arrangements shall be provided and approved by the [Commission](/usc/42/10101.md?p=7), or, in the case of sites within the boundaries of any [agreement State](/usc/42/2021b.md?p=1) under [section 2021 of this title](/usc/42/2021.md), by the appropriate [State](/usc/42/10101.md?p=24) or [State](/usc/42/10101.md?p=24) entity, prior to issuance of licenses for [low-level radioactive waste](/usc/42/10101.md?p=16) [disposal](/usc/42/10101.md?p=9) or, in the case of licenses in effect on January 7, 1983, prior to termination of such licenses.
  - (2) If the [Commission](/usc/42/10101.md?p=7) determines that any long-term maintenance or monitoring, or both, will be necessary at a site described in [paragraph (1)](#a-1), the [Commission](/usc/42/10101.md?p=7) shall ensure before termination of the license involved that the licensee has made available such bonding, surety, or other financial arrangements as may be necessary to ensure that any necessary long-term maintenance or monitoring needed for such site will be carried out by the person having title and custody for such site following license termination.
- (b) **Title and custody—**
  - (1) The [Secretary](/usc/42/10101.md?p=20) shall have authority to assume title and custody of [low-level radioactive waste](/usc/42/10101.md?p=16) and the land on which such waste is disposed of, upon request of the [owner](/usc/42/13641.md?p=4) of such waste and land and following termination of the license issued by the [Commission](/usc/42/10101.md?p=7) for such [disposal](/usc/42/10101.md?p=9), if the [Commission](/usc/42/10101.md?p=7) determines that—
    - (A) the requirements of the [Commission](/usc/42/10101.md?p=7) for site closure, decommissioning, and decontamination have been met by the licensee involved and that such licensee is in compliance with the provisions of [subsection (a)](#a);
    - (B) such title and custody will be transferred to the [Secretary](/usc/42/10101.md?p=20) without cost to the Federal Government; and
    - (C) Federal ownership and management of such site is necessary or desirable in order to protect the public health and safety, and the environment.
  - (2) If the [Secretary](/usc/42/10101.md?p=20) assumes title and custody of any such waste and land under this subsection, the [Secretary](/usc/42/10101.md?p=20) shall maintain such waste and land in a manner that will protect the public health and safety, and the environment.
- (c) **Special sites—** If the [low-level radioactive waste](/usc/42/10101.md?p=16) involved is the result of a licensed activity to recover zirconium, hafnium, and rare earths from source material, the [Secretary](/usc/42/10101.md?p=20), upon request of the [owner](/usc/42/13641.md?p=4) of the site involved, shall assume title and custody of such waste and the land on which it is disposed when such site has been decontaminated and stabilized in accordance with the requirements established by the [Commission](/usc/42/10101.md?p=7) and when such [owner](/usc/42/13641.md?p=4) has made adequate financial arrangements approved by the [Commission](/usc/42/10101.md?p=7) for the long-term maintenance and monitoring of such site.

## Source credit

(Pub. L. 97–425, title I, § 151, Jan. 7, 1983, 96 Stat. 2244.)