; (B) in paragraph (1), by inserting concerning a repository or a monitored retrievable storage facility, if before the site under consideration ; and (C) in paragraph (2), by striking the Secretary determines that the Commission cannot license the facility within a reasonable time and inserting concerning a repository, if the Commission issues a final decision disapproving the issuance of a construction authorization for a repository under section 114(d)(1) ; and (2) by amending subsection (b) to read as follows: (b) Termination by State or Indian Tribe A State, covered unit of local government (as defined in section 172A), or Indian tribe may only terminate a benefits agreement under this title— (1) concerning a repository or a monitored retrievable storage facility, if the Secretary disqualifies the site under consideration for its failure to comply with technical requirements established by the Secretary in accordance with this Act