Skip to content
LexBuild

42 USC § 10164 - Survey 

---
identifier: "/us/usc/t42/s10164"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 10164 - Survey"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "10164"
section_name: "Survey"
chapter_number: 108
chapter_name: "NUCLEAR WASTE POLICY"
subchapter_number: "I"
subchapter_name: "DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE"
part_number: "C"
part_name: "Monitored Retrievable Storage"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 97–425, title I, § 144, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.)"
---

# § 10164. Survey

After the MRS Commission submits its report to the Congress under section 10163 of this title, the Secretary may conduct a survey and evaluation of potentially suitable sites for a monitored retrievable storage facility. In conducting such survey and evaluation, the Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed would—

**(1)** enhance the reliability and flexibility of the system for the disposal of spent nuclear fuel and high-level radioactive waste established under this chapter;

**(2)** minimize the impacts of transportation and handling of such fuel and waste;

**(3)** provide for public confidence in the ability of such system to safely dispose of the fuel and waste;

**(4)** impose minimal adverse effects on the local community and the local environment;

**(5)** provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion;

**(6)** provide such other benefits to the system for the disposal of spent nuclear fuel and high-level radioactive waste as the Secretary deems appropriate; and

**(7)** unduly burden a State in which significant volumes of high-level radioactive waste resulting from atomic energy defense activities are stored.

---

**Source Credit**: (Pub. L. 97–425, title I, § 144, 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, § 5021, Dec. 22, 1987, 101 Stat. 1330–234.)

## Editorial Notes

### Codification

and  added identical sections.