42 U.S.C. § 10245 — Site characterization; licensing

Page 8023 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10245 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 fa- cility at a site agreed to under this subchapter only if authorized by the Nuclear Regulatory Commission in accordance with the Atomic En- ergy Act of 1954 [42 U.S.C. 2011 et seq.], title II of the Energy Reorganization Act of 1982 (42 U.S.C. 5841 et seq.) and any other law applicable to authorization of such construction. (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.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (d)(4), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Energy Reorganization Act of 1982, referred to in subsec. (d)(4), probably means the Energy Reorganiza- tion Act of 1974, Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233. Title II of the Energy Reorganization Act of 1974 is classified generally to subchapter II (§ 5841 et seq.) of chapter 73 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10244. Environmental assessment of sites (a) In general Upon the request of the Negotiator, the Sec- retary shall prepare an environmental assess- ment of any site that is the subject of negotia- tions under section 10243(a) of this title. (b) Contents (1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of character- izing such site and the construction and oper- ation of a repository at such site. (2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the prob- able impacts of construction and operation of such a facility at such site. (c) Judicial review The issuance of an environmental assessment under subsection (a) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5 and section 10139 of this title. (d) Public hearings (1) In preparing an environmental assessment for any repository or monitored retrievable stor- age facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is lo- cated that such site is being considered and to receive their comments. (2) At such hearings, the Secretary shall so- licit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment re- quired under subsection (a) and the site charac- terization plan described in section 10133(b)(1) of this title. (e) Public availability Each environmental assessment prepared under subsection (a) shall be made available to the public. (f) Evaluation of sites (1) In preparing an environmental assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assess- ment unless— (A) such preliminary boring or excavation activities were in progress on or before Decem- ber 22, 1987; or (B) the Secretary certifies that, in the ab- sence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this chapter or any other law. (2) No preliminary boring or excavation con- ducted under this section shall exceed a diame- ter of 40 inches. (Pub. L. 97–425, title IV, § 404, 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. 1330–245.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10245. 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, 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 characteriza- tion activities shall be conducted in accordance with section 10133 of this title, except that ref- erences 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 agree- ment and the State or Indian tribe entering into the agreement. (b) Licensing (1) Upon the completion of site characteriza- tion activities carried out under subsection (a), the Secretary shall submit to the Nuclear Regu- latory Commission an application for construc- tion authorization for a repository at such site. (2) The Nuclear Regulatory Commission shall consider an application for a construction au- thorization for a repository or monitored re- Page 8024 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10246 trievable 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 submis- sion of such application. (Pub. L. 97–425, title IV, § 405, 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. 1330–246.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10246. Monitored retrievable storage (a) Construction and operation Upon enactment of legislation to implement an agreement negotiated under section 10243(a) of this title to site a monitored retrievable stor- age facility, the Secretary shall construct and operate such facility as part of an integrated nu- clear waste management system in accordance with the terms and conditions of such agree- ment. (b) Financial assistance The Secretary may make grants to any State, Indian tribe, or affected unit of local govern- ment to assess the feasibility of siting a mon- itored retrievable storage facility under this section at a site under the jurisdiction of such State, tribe, or affected unit of local govern- ment. (Pub. L. 97–425, title IV, § 406, 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. 1330–246.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10247. Environmental impact statement (a) In general Issuance of a construction authorization for a repository or monitored retrievable storage fa- cility under section 10245(b) of this title shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Preparation A final environmental impact statement shall be prepared by the Secretary under such Act and shall accompany any application to the Nuclear Regulatory Commission for a construction au- thorization. (c) Adoption (1) Any such environmental impact statement shall, to the extent practicable, be adopted by the Nuclear Regulatory Commission, in accord- ance with section 1506.3 of title 40, Code of Fed- eral Regulations, in connection with the issuance by the Nuclear Regulatory Commission of a construction authorization and license for such repository or monitored retrievable storage facility. (2)(A) In any such statement prepared with re- spect to a repository to be constructed under this subchapter at the Yucca Mountain site, the Nuclear Regulatory Commission need not con- sider the need for a repository, the time of ini- tial availability of a repository, alternate sites to the Yucca Mountain site, or nongeologic al- ternatives to such site. (B) In any such statement prepared with re- spect to a repository to be constructed under this subchapter at a site other than the Yucca Mountain site, the Nuclear Regulatory Commis- sion need not consider the need for a repository, the time of initial availability of a repository, or nongeologic alternatives to such site but shall consider the Yucca Mountain site as an al- ternate to such site in the preparation of such statement. (Pub. L. 97–425, title IV, § 407, 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. 1330–246.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. § 10248. Administrative powers of Negotiator In carrying out his functions under this sub- chapter, the Negotiator may— (1) appoint such officers and employees as he determines to be necessary and prescribe their duties; (2) obtain services as authorized by section 3109 of title 5, at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5; (3) promulgate such rules and regulations as may be necessary to carry out such functions; (4) utilize the services, personnel, and facili- ties of other Federal agencies (subject to the consent of the head of any such agency); (5) for purposes of performing administrative functions under this subchapter, and to the ex- tent funds are appropriated, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary and on such terms as the Negotiator determines to be appropriate, with any agency or instrumentality of the United States, or with any public or private person or entity; (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (7) adopt an official seal, which shall be judi- cially noticed;