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

# §10173c. Termination

- (a) **In general—** The [Secretary](/usc/42/10101.md?p=20) may terminate a benefits agreement under this subchapter if—
  - (1) the site under consideration is disqualified for its failure to comply with guidelines and technical requirements established by the [Secretary](/usc/42/10101.md?p=20) in accordance with this chapter; or
  - (2) the [Secretary](/usc/42/10101.md?p=20) determines that the [Commission](/usc/42/10101.md?p=7) cannot license the facility within a reasonable time.
- (b) **Termination by State or Indian tribe—** A [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) may terminate a benefits agreement under this subchapter only if the [Secretary](/usc/42/10101.md?p=20) disqualifies the site under consideration for its failure to comply with technical requirements established by the [Secretary](/usc/42/10101.md?p=20) in accordance with this chapter or the [Secretary](/usc/42/10101.md?p=20) determines that the [Commission](/usc/42/10101.md?p=7) cannot license the facility within a reasonable time.
- (c) **Decisions of Secretary—** Decisions of the [Secretary](/usc/42/10101.md?p=20) under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review.

## Source credit

(Pub. L. 97–425, title I, § 173, 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. 1330–240.)

## Notes

### Editorial Notes

### Codification

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