---
kind: "section"
citation: "42 U.S.C. § 10245"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10245"
heading: "Site characterization; licensing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10245"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter IV — Nuclear Waste Negotiator"
---

# §10245. Site characterization; licensing

- (a) **Site characterization—** Upon enactment of legislation to implement an agreement to site a [repository](/usc/42/10101.md?p=18) negotiated under [section 10243(a) of this title](/usc/42/10243.md?p=a), the [Secretary](/usc/42/10101.md?p=20) shall conduct appropriate [site characterization](/usc/42/10101.md?p=21) activities for the site that is the subject of such agreement subject to the conditions and terms of such agreement. Any such [site characterization](/usc/42/10101.md?p=21) activities shall be conducted in accordance with [section 10133 of this title](/usc/42/10133.md), except that references in such section to the [Yucca Mountain site](/usc/42/10101.md?p=30) and the [State](/usc/42/10101.md?p=24) of Nevada shall be deemed to refer to the site that is the subject of the agreement and the [State](/usc/42/10101.md?p=24) or [Indian tribe](/usc/42/10101.md?p=15) entering into the agreement.
- (b) **Licensing—**
  - (1) Upon the completion of [site characterization](/usc/42/10101.md?p=21) activities carried out under [subsection (a)](#a), the [Secretary](/usc/42/10101.md?p=20) shall submit to the Nuclear Regulatory [Commission](/usc/42/10101.md?p=7) an application for [construction](/usc/42/300s–3.md?p=7) authorization for a [repository](/usc/42/10101.md?p=18) at such site.
  - (2) The Nuclear Regulatory [Commission](/usc/42/10101.md?p=7) shall consider an application for a [construction](/usc/42/300s–3.md?p=7) authorization for a [repository](/usc/42/10101.md?p=18) or [monitored retrievable storage facility](/usc/42/10101.md?p=34) in accordance with the laws applicable to such applications, except that the Nuclear Regulatory [Commission](/usc/42/10101.md?p=7) shall issue a final decision approving or disapproving the issuance of a [construction](/usc/42/300s–3.md?p=7) authorization not later than 3 years after the date of the submission of such application.

## Source credit

(Pub. L. 97–425, title IV, § 405, 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. 1330–246.)

## Notes

### Editorial Notes

### Codification

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