42 USC 10243 - Duties of Negotiator

U.S Code last checked for updates: Oct 22, 2026

§ 10243.

Duties of Negotiator

(a)

Negotiations with potential hosts

(1)

The Negotiator shall—

(A)

seek to enter into negotiations on behalf of the United States, with—

(i)

the Governor of any State in which a potential site is located; and

(ii)

the governing body of any Indian tribe on whose reservation a potential site is located; and

(B)

attempt to reach a proposed agreement between the United States and any such State or Indian tribe specifying the terms and conditions under which such State or tribe would agree to host a repository or monitored retrievable storage facility within such State or reservation.

(2)

In any case in which State law authorizes any person or entity other than the Governor to negotiate a proposed agreement under this section on behalf of the State, any reference in this subchapter to the Governor shall be considered to refer instead to such other person or entity.

(b)

Consultation with affected States, subdivisions of States, and tribes

(c)

Consultation with other Federal agencies

(d)

Proposed agreement

(1)

The Negotiator shall submit to the Congress any proposed agreement between the United States and a State or Indian tribe negotiated under subsection (a) and an environmental assessment prepared under section 10244(a) of this title for the site concerned.

(2)

Any such proposed agreement shall contain such terms and conditions (including such financial and institutional arrangements) as the Negotiator and the host State or Indian tribe 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, affected unit of local government, or Indian tribe under sections 10136(c), 10137, and 10138(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 or Indian tribe shall enter into an agreement under this section in accordance with the laws of such State or tribe. Nothing in this section may be construed to prohibit the disapproval of a proposed agreement between a State and the United States under this section by a referendum or an act of the legislature of such State.

(4)

Notwithstanding any proposed agreement under this section, the Secretary may construct a repository or monitored retrievable storage facility at a site agreed to under this subchapter only if authorized by the Nuclear Regulatory Commission in accordance with the Atomic Energy Act of 1954 [42 U.S.C. 2011

et seq.], title II of the Energy Reorganization Act of 1982 (

(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.)

cite as: 42 USC 10243