US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 42USC10165]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
                  Part C--Monitored Retrievable Storage
 
Sec. 10165. Site selection


(a) In general

    The Secretary may select the site evaluated under section 10164 of 
this title that the Secretary determines on the basis of available 
information to be the most suitable for a monitored retrievable storage 
facility that is an integral part of the system for the disposal of 
spent nuclear fuel and high-level radioactive waste established under 
this chapter.

(b) Limitation

    The Secretary may not select a site under subsection (a) of this 
section until the Secretary recommends to the President the approval of 
a site for development as a repository under section 10134(a) of this 
title.

(c) Site specific activities

    The Secretary may conduct such site specific activities at each site 
surveyed under section 10164 of this title as he determines may be 
necessary to support an application to the Commission for a license to 
construct a monitored retrievable storage facility at such site.

(d) Environmental assessment

    Site specific activities and selection of a site under this section 
shall not require the preparation of an environmental impact statement 
under section 102(2)(C) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)(C)). The Secretary shall prepare an environmental 
assessment with respect to such selection in accordance with regulations 
issued by the Secretary implementing such Act [42 U.S.C. 4321 et seq.]. 
Such environmental assessment shall be based upon available information 
regarding alternative technologies for the storage of spent nuclear fuel 
and high-level radioactive waste. The Secretary shall submit such 
environmental assessment to the Congress at the time such site is 
selected.

(e) Notification before selection

    (1) At least 6 months before selecting a site under subsection (a) 
of this section, the Secretary shall notify the Governor and legislature 
of the State in which such site is located, or the governing body of the 
affected Indian tribe where such site is located, as the case may be, of 
such potential selection and the basis for such selection.
    (2) Before selecting any site under subsection (a) of this section, 
the Secretary shall hold at least one public hearing in the vicinity of 
such site to solicit any recommendations of interested parties with 
respect to issues raised by the selection of such site.

(f) Notification of selection

    The Secretary shall promptly notify Congress and the appropriate 
State or Indian tribe of the selection under subsection (a) of this 
section.

(g) Limitation

    No monitored retrievable storage facility authorized pursuant to 
section 10162(b) of this title may be constructed in the State of 
Nevada.

(Pub. L. 97-425, title I, Sec. 145, as added Pub. L. 100-202, 
Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987, 101 Stat. 1329-104, 
1329-121; Pub. L. 100-203, title V, Sec. 5021, Dec. 22, 1987, 101 Stat. 
1330-234.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 10162, 10166, 10167 of this 
title.