---
kind: "section"
citation: "42 U.S.C. § 10195"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10195"
heading: "Test and evaluation facility siting review and reports"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10195"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter II — Research, Development, and Demonstration Regarding Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel"
---

# §10195. Test and evaluation facility siting review and reports

- (a) **Consultation and cooperation—** The [Governor](/usc/42/10101.md?p=14) of a [State](/usc/42/10101.md?p=24), or the governing body of an [affected Indian tribe](/usc/42/10101.md?p=2), notified of a site identification under [section 10193 of this title](/usc/42/10193.md) shall have the right to participate in a process of consultation and cooperation as soon as the site involved has been identified pursuant to such section and throughout the life of the [test and evaluation facility](/usc/42/10101.md?p=27). For purposes of this section, the term “process of consultation and cooperation” means a methodology—
  - (1) by which the [Secretary](/usc/42/10101.md?p=20)—
    - (A) keeps the [Governor](/usc/42/10101.md?p=14) or governing body involved fully and currently informed about any potential economic or public health and safety impacts in all stages of the siting, development, [construction](/usc/42/300s–3.md?p=7), and operation of a [test and evaluation facility](/usc/42/10101.md?p=27);
    - (B) solicits, receives, and evaluates concerns and objections of such [Governor](/usc/42/10101.md?p=14) or governing body with regard to such [test and evaluation facility](/usc/42/10101.md?p=27) on an ongoing basis; and
    - (C) works diligently and cooperatively to resolve such concerns and objections; and
  - (2) by which the [State](/usc/42/10101.md?p=24) or [affected Indian tribe](/usc/42/10101.md?p=2) involved can exercise reasonable independent monitoring and testing of onsite activities related to all stages of the siting, development, [construction](/usc/42/300s–3.md?p=7) and operation of the [test and evaluation facility](/usc/42/10101.md?p=27), except that any such monitoring and testing shall not unreasonably interfere with onsite activities.
- (b) **Written agreements—** The [Secretary](/usc/42/10101.md?p=20) shall enter into written agreements with the [Governor](/usc/42/10101.md?p=14) of the [State](/usc/42/10101.md?p=24) in which an identified site is located or with the governing body of any [affected Indian tribe](/usc/42/10101.md?p=2) where an identified site is located in order to expedite the consultation and cooperation process. Any such written agreement shall specify—
  - (1) procedures by which such [Governor](/usc/42/10101.md?p=14) or governing body may study, determine, comment on, and make recommendations with regard to the possible health, safety, and economic impacts of the [test and evaluation facility](/usc/42/10101.md?p=27);
  - (2) procedures by which the [Secretary](/usc/42/10101.md?p=20) shall consider and respond to comments and recommendations made by such [Governor](/usc/42/10101.md?p=14) or governing body, including the period in which the [Secretary](/usc/42/10101.md?p=20) shall so respond;
  - (3) the documents the [Department](/usc/42/10101.md?p=8) is to submit to such [Governor](/usc/42/10101.md?p=14) or governing body, the timing for such submissions, the timing for such [Governor](/usc/42/10101.md?p=14) or governing body to identify public health and safety concerns and the process to be followed to try to eliminate those concerns;
  - (4) procedures by which the [Secretary](/usc/42/10101.md?p=20) and either such [Governor](/usc/42/10101.md?p=14) or governing body may review or modify the agreement periodically; and
  - (5) procedures for public notification of the procedures specified under subparagraphs (A) through (D).
- (c) **Limitation—** Except as specifically provided in this section, nothing in this subchapter is intended to grant any [State](/usc/42/10101.md?p=24) or [affected Indian tribe](/usc/42/10101.md?p=2) any authority with respect to the siting, development, or loading of the [test and evaluation facility](/usc/42/10101.md?p=27).

## Source credit

(Pub. L. 97–425, title II, § 215, Jan. 7, 1983, 96 Stat. 2247.)