--- kind: "section" citation: "42 U.S.C. § 10243" title: "42" title_heading: "The Public Health and Welfare" number: "10243" heading: "Duties of Negotiator" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/10243" units: - "Chapter 108 — Nuclear Waste Policy" - "Subchapter IV — Nuclear Waste Negotiator" --- # §10243. Duties of Negotiator - (a) **Negotiations with potential hosts—** - (1) The [Negotiator](/usc/42/10101.md?p=32) shall— - (A) seek to enter into negotiations on behalf of the United States, with— - (i) the [Governor](/usc/42/10101.md?p=14) of any [State](/usc/42/10101.md?p=24) in which a potential site is located; and - (ii) the governing body of any [Indian tribe](/usc/42/10101.md?p=15) on whose [reservation](/usc/42/10101.md?p=19) a potential site is located; and - (B) attempt to reach a proposed agreement between the United States and any such [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) specifying the terms and conditions under which such [State](/usc/42/10101.md?p=24) or tribe would agree to host a [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34) within such [State](/usc/42/10101.md?p=24) or [reservation](/usc/42/10101.md?p=19). - (2) In any case in which [State](/usc/42/10101.md?p=24) law authorizes any person or entity other than the [Governor](/usc/42/10101.md?p=14) to negotiate a proposed agreement under this section on behalf of the [State](/usc/42/10101.md?p=24), any reference in this subchapter to the [Governor](/usc/42/10101.md?p=14) shall be considered to refer instead to such other person or entity. - (b) **Consultation with affected States, subdivisions of States, and tribes—** In addition to entering into negotiations under [subsection (a)](#a), the [Negotiator](/usc/42/10101.md?p=32) shall consult with any [State](/usc/42/10101.md?p=24), [affected unit of local government](/usc/42/10101.md?p=31), or any [Indian tribe](/usc/42/10101.md?p=15) that the [Negotiator](/usc/42/10101.md?p=32) determines may be affected by the siting of a [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34) and may include in any proposed agreement such terms and conditions relating to the interest of such [States](/usc/42/10101.md?p=24), affected units of local government, or [Indian tribes](/usc/42/10101.md?p=15) as the [Negotiator](/usc/42/10101.md?p=32) determines to be reasonable and appropriate. - (c) **Consultation with other Federal agencies—** The [Negotiator](/usc/42/10101.md?p=32) may solicit and consider the comments of the [Secretary](/usc/42/10101.md?p=20), the Nuclear Regulatory [Commission](/usc/42/10101.md?p=7), or any other [Federal agency](/usc/42/10101.md?p=13) on the suitability of any potential site for [site characterization](/usc/42/10101.md?p=21). Nothing in this subsection shall be construed to require the [Secretary](/usc/42/10101.md?p=20), the Nuclear Regulatory [Commission](/usc/42/10101.md?p=7), or any other [Federal agency](/usc/42/10101.md?p=13) to make a finding that any such site is suitable for [site characterization](/usc/42/10101.md?p=21). - (d) **Proposed agreement—** - (1) The [Negotiator](/usc/42/10101.md?p=32) shall submit to the Congress any proposed agreement between the United States and a [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) negotiated under [subsection (a)](#a) and an environmental assessment prepared under [section 10244(a) of this title](/usc/42/10244.md?p=a) for the site concerned. - (2) Any such proposed agreement shall contain such terms and conditions (including such financial and institutional arrangements) as the [Negotiator](/usc/42/10101.md?p=32) and the host [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) determine to be reasonable and appropriate and shall contain such provisions as are necessary to preserve any right to participation or compensation of such [State](/usc/42/10101.md?p=24), [affected unit of local government](/usc/42/10101.md?p=31), or [Indian tribe](/usc/42/10101.md?p=15) under sections [10136(c)](/usc/42/10136.md?p=c), [10137](/usc/42/10137.md), and [10138(b)](/usc/42/10138.md?p=b) of this title. - (3) - (A) No proposed agreement entered into under this section shall have legal effect unless enacted into Federal law. - (B) A [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) shall enter into an agreement under this section in accordance with the laws of such [State](/usc/42/10101.md?p=24) or tribe. Nothing in this section may be construed to prohibit the disapproval of a proposed agreement between a [State](/usc/42/10101.md?p=24) and the United States under this section by a referendum or an act of the legislature of such [State](/usc/42/10101.md?p=24). - (4) Notwithstanding any proposed agreement under this section, the [Secretary](/usc/42/10101.md?p=20) may construct a [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34) at a site agreed to under this subchapter only if authorized by the Nuclear Regulatory [Commission](/usc/42/10101.md?p=7) in accordance with the Atomic Energy Act of 1954 [[42 U.S.C. 2011](/usc/42/2011.md) et seq.], title II of the Energy Reorganization Act of 1982 ([42 U.S.C. 5841](/usc/42/5841.md) et seq.) and any other law applicable to authorization of such [construction](/usc/42/300s–3.md?p=7). ## Source credit (Pub. L. 97–425, title IV, § 403, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–244.) ## Notes ### Editorial Notes ### References in Text The Atomic Energy Act of 1954, referred to in subsec. (d)(4), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Energy Reorganization Act of 1982, referred to in subsec. (d)(4), probably means the Energy Reorganization Act of 1974, Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233. Title II of the Energy Reorganization Act of 1974 is classified generally to subchapter II (§ 5841 et seq.) of chapter 73 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. ### Codification Pub. L. 100–202 and Pub. L. 100–203 added identical sections.