---
kind: "section"
citation: "42 U.S.C. § 10173"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10173"
heading: "Benefits agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10173"
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 F — Benefits"
---

# §10173. Benefits agreements

- (a) **In general—**
  - (1) The [Secretary](/usc/42/10101.md?p=20) may enter into a benefits agreement with the [State](/usc/42/10101.md?p=24) of Nevada concerning a [repository](/usc/42/10101.md?p=18) or with a [State](/usc/42/10101.md?p=24) or an [Indian tribe](/usc/42/10101.md?p=15) concerning a [monitored retrievable storage facility](/usc/42/10101.md?p=34) for the acceptance of [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) in that [State](/usc/42/10101.md?p=24) or on the [reservation](/usc/42/10101.md?p=19) of that tribe, as appropriate.
  - (2) The [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) may enter into such an agreement only if the [State](/usc/42/10101.md?p=24) Attorney General or the appropriate governing authority of the [Indian tribe](/usc/42/10101.md?p=15) or the [Secretary](/usc/42/10101.md?p=20) of the Interior, in the absence of an appropriate governing authority, as appropriate, certifies to the satisfaction of the [Secretary](/usc/42/10101.md?p=20) that the laws of the [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) provide adequate authority for that entity to enter into the benefits agreement.
  - (3) Any benefits agreement with a [State](/usc/42/10101.md?p=24) under this section shall be negotiated in consultation with affected units of local government in such [State](/usc/42/10101.md?p=24).
  - (4) Benefits and payments under this part may be made available only in accordance with a benefits agreement under this section.
- (b) **Amendment—** A benefits agreement entered into under [subsection (a)](#a) may be amended only by the mutual consent of the parties to the agreement and terminated only in accordance with [section 10173c of this title](/usc/42/10173c.md).
- (c) **Agreement with Nevada—** The [Secretary](/usc/42/10101.md?p=20) shall offer to enter into a benefits agreement with the [Governor](/usc/42/10101.md?p=14) of Nevada. Any benefits agreement with a [State](/usc/42/10101.md?p=24) under this subsection shall be negotiated in consultation with any affected units of local government in such [State](/usc/42/10101.md?p=24).
- (d) **Monitored retrievable storage—** The [Secretary](/usc/42/10101.md?p=20) shall offer to enter into a benefits agreement relating to a [monitored retrievable storage facility](/usc/42/10101.md?p=34) with the governing body of the [Indian tribe](/usc/42/10101.md?p=15) on whose [reservation](/usc/42/10101.md?p=19) the site for such facility is located, or, if the site is not located on a [reservation](/usc/42/10101.md?p=19), with the [Governor](/usc/42/10101.md?p=14) of the [State](/usc/42/10101.md?p=24) in which the site is located and in consultation with affected units of local government in such [State](/usc/42/10101.md?p=24).
- (e) **Limitation—** Only one benefits agreement for a [repository](/usc/42/10101.md?p=18) and only one benefits agreement for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) may be in effect at any one time.
- (f) **Judicial review—** Decisions of the [Secretary](/usc/42/10101.md?p=20) under this section are not subject to judicial review.

## Source credit

(Pub. L. 97–425, title I, § 170, 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, § 5031, Dec. 22, 1987, 101 Stat. 1330–237.)

## Notes

### Editorial Notes

### Codification

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