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42 U.S.C. § 10263 — Site characterization; licensing

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10263 — Site characterization; licensing

**(a) Site characterization** Upon enactment of legislation to implement an agreement to site a repository negotiated under [section 10243(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10243/a&num=0&edition=prelim), the Secretary shall conduct appropriate site characterization activities for the site that is the subject of such agreement subject to the conditions and terms of such agreement. Any such site characterization activities shall be conducted in accordance with [section 10133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10133&num=0&edition=prelim), except that references in such section to the Yucca Mountain site and the State of Nevada shall be deemed to refer to the site that is the subject of the agreement and the State or Indian tribe entering into the agreement. **(b) Licensing** (1) Upon the completion of site characterization activities carried out under subsection (a), the Secretary shall submit to the Nuclear Regulatory Commission an application for construction authorization for a repository at such site. (2) The Nuclear Regulatory Commission shall consider an application for a construction authorization for a repository or monitored retrievable storage facility in accordance with the laws applicable to such applications, except that the Nuclear Regulatory Commission shall issue a final decision approving or disapproving the issuance of a construction authorization not later than 3 years after the date of the submission of such application.

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Source file: Laws/federal/codes/united-states-code/title-42/section-10263-site-characterization-licensing--b7e7ec076b.md
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Source location: Title 42, Chapter 108, § 10263; chapter-108-nuclear-waste-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10133 — Territories and possessions

Nothing in this chapter shall be deemed to repeal, modify, or amend the provisions of [section 1491 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1491&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10263 — Functions

Page 8026 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10263 (C)(i) Each person nominated for appointment to the Board shall be— (I) eminent in a field of science or engineer- ing, including environmental sciences; and (II) selected solely on the basis of estab- lished records of distinguished service. (ii) The membership of the Board shall be rep- resentative of the broad range of scientific and engineering disciplines related to activities under this subchapter. (iii) No person shall be nominated for appoint- ment to the Board who is an employee of— (I) the Department of Energy; (II) a national laboratory under contract with the Department of Energy; or (III) an entity performing high-level radio- active waste or spent nuclear fuel activities under contract with the Department of En- ergy. (4) Any vacancy on the Board shall be filled by the nomination and appointment process de- scribed in paragraphs (1) and (3). (5) Members of the Board shall be appointed for terms of 4 years, each such term to com- mence 120 days after December 22, 1987, except that of the 11 members first appointed to the Board, 5 shall serve for 2 years and 6 shall serve for 4 years, to be designated by the President at the time of appointment. (Pub. L. 97–425, title V, § 502, 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, § 5051, Dec. 22, 1987, 101 Stat. 1330–248.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. Statutory Notes and Related Subsidiaries CONTINUED BOARD SERVICE AFTER EXPIRATION OF TERM Pub. L. 104–46, title V, § 503, Nov. 13, 1995, 109 Stat. 419, provided that: ‘‘Without fiscal year limitation and not- withstanding section 502(b)(5) of the Nuclea

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