The Secretary may terminate a benefits agreement under this subchapter if—
(1) the site under consideration is disqualified for its failure to comply with guidelines and technical requirements established by the Secretary in accordance with this chapter; or
(2) the Secretary determines that the Commission cannot license the facility within a reasonable time.
A State or Indian tribe may terminate a benefits agreement under this subchapter only if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this chapter or the Secretary determines that the Commission cannot license the facility within a reasonable time.
Decisions of the Secretary under this section shall be in writing, shall be available to Congress and the public, and are not subject to judicial review.
(Pub. L. 97–425, title I, § 173, 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, § 5031, Dec. 22, 1987, 101 Stat. 1330–240.)
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