
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10133]

 
                 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 A--Repositories for Disposal of High-Level Radioactive Waste and 
                           Spent Nuclear Fuel
 
Sec. 10133. Site characterization


(a) In general

    The Secretary shall carry out, in accordance with the provisions of 
this section, appropriate site characterization activities at the Yucca 
Mountain site. The Secretary shall consider fully the comments received 
under subsection (b)(2) of this section and section 10132(b)(2) of this 
title and shall, to the maximum extent practicable and in consultation 
with the Governor of the State of Nevada, conduct site characterization 
activities in a manner that minimizes any significant adverse 
environmental impacts identified in such comments or in the 
environmental assessment submitted under subsection (b)(1) of this 
section.

(b) Commission and States

    (1) Before proceeding to sink shafts at the Yucca Mountain site, the 
Secretary shall submit for such candidate site to the Commission and to 
the Governor or legislature of the State of Nevada, for their review and 
comment--
        (A) a general plan for site characterization activities to be 
    conducted at such candidate site, which plan shall include--
            (i) a description of such candidate site;
            (ii) a description of such site characterization activities, 
        including the following: the extent of planned excavations, 
        plans for any onsite testing with radioactive or nonradioactive 
        material, plans for any investigation activities that may affect 
        the capability of such candidate site to isolate high-level 
        radioactive waste and spent nuclear fuel, and plans to control 
        any adverse, safety-related impacts from such site 
        characterization activities;
            (iii) plans for the decontamination and decommissioning of 
        such candidate site, and for the mitigation of any significant 
        adverse environmental impacts caused by site characterization 
        activities if it is determined unsuitable for application for a 
        construction authorization for a repository;
            (iv) criteria to be used to determine the suitability of 
        such candidate site for the location of a repository, developed 
        pursuant to section 10132(a) of this title; and
            (v) any other information required by the Commission;

        (B) a description of the possible form or packaging for the 
    high-level radioactive waste and spent nuclear fuel to be emplaced 
    in such repository, a description, to the extent practicable, of the 
    relationship between such waste form or packaging and the geologic 
    medium of such site, and a description of the activities being 
    conducted by the Secretary with respect to such possible waste form 
    or packaging or such relationship; and
        (C) a conceptual repository design that takes into account 
    likely site-specific requirements.

    (2) Before proceeding to sink shafts at the Yucca Mountain site, the 
Secretary shall (A) make available to the public the site 
characterization plan described in paragraph (1); and (B) hold public 
hearings in the vicinity of such candidate site to inform the residents 
of the area in which such candidate site is located of such plan, and to 
receive their comments.
    (3) During the conduct of site characterization activities at the 
Yucca Mountain site, the Secretary shall report not less than once every 
6 months to the Commission and to the Governor and legislature of the 
State of Nevada, on the nature and extent of such activities and the 
information developed from such activities.

(c) Restrictions

    (1) The Secretary may conduct at the Yucca Mountain site only such 
site characterization activities as the Secretary considers necessary to 
provide the data required for evaluation of the suitability of such site 
for an application to be submitted to the Commission for a construction 
authorization for a repository at such site, and for compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (2) In conducting site characterization activities--
        (A) the Secretary may not use any radioactive material at a site 
    unless the Commission concurs that such use is necessary to provide 
    data for the preparation of the required environmental reports and 
    an application for a construction authorization for a repository at 
    such site; and
        (B) if any radioactive material is used at a site--
            (i) the Secretary shall use the minimum quantity necessary 
        to determine the suitability of such site for a repository, but 
        in no event more than the curie equivalent of 10 metric tons of 
        spent nuclear fuel; and
            (ii) such radioactive material shall be fully retrievable.

    (3) If the Secretary at any time determines the Yucca Mountain site 
to be unsuitable for development as a repository, the Secretary shall--
        (A) terminate all site characterization activities at such site;
        (B) notify the Congress, the Governor and legislature of Nevada 
    of such termination and the reasons for such termination;
        (C) remove any high-level radioactive waste, spent nuclear fuel, 
    or other radioactive materials at or in such site as promptly as 
    practicable;
        (D) take reasonable and necessary steps to reclaim the site and 
    to mitigate any significant adverse environmental impacts caused by 
    site characterization activities at such site;
        (E) suspend all future benefits payments under part F of this 
    subchapter with respect to such site; and
        (F) report to Congress not later than 6 months after such 
    determination the Secretary's recommendations for further action to 
    assure the safe, permanent disposal of spent nuclear fuel and high-
    level radioactive waste, including the need for new legislative 
    authority.

(d) Preliminary activities

    Each activity of the Secretary under this section that is in 
compliance with the provisions of subsection (c) of this section shall 
be considered a preliminary decisionmaking activity. No such activity 
shall 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)), or to \1\ require any environmental review under 
subparagraph (E) or (F) of section 102(2) of such Act.
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    \1\ So in original. The word ``to'' probably should not appear.
---------------------------------------------------------------------------

(Pub. L. 97-425, title I, Sec. 113, Jan. 7, 1983, 96 Stat. 2211; 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. 5011(e)-(g), Dec. 22, 
1987, 101 Stat. 1330-228.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (c)(1), 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.


                               Amendments

    1987--Subsec. (a). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(e)(2), which contained identical amendments directing that 
``at the Yucca Mountain site'' be substituted for ``beginning'' and all 
that follows through ``geological media'', were executed by substituting 
``at the Yucca Mountain site'' for ``beginning with the candidate sites 
that have been approved under section 10132 of this title and are 
located in various geologic media'' as the probable intent of Congress.
    Pub. L. 100-202 and Pub. L. 100-203, Sec. 5011(e)(1), amended 
subsec. (a) identically, substituting ``State of Nevada'' for ``State 
involved or the governing body of the affected Indian tribe involved''.
    Subsec. (b)(1). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(f)(1), amended par. (1) identically, substituting ``the Yucca 
Mountain site'' for ``any candidate site'' and ``the Governor or 
legislature of the State of Nevada'' for ``either the Governor and 
legislature of the State in which such candidate site is located, or the 
governing body of the affected Indian tribe on whose reservation such 
candidate site is located, as the case may be''.
    Subsec. (b)(2). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(f)(2), amended par. (2) identically, substituting ``the Yucca 
Mountain site'' for ``any candidate site''.
    Subsec. (b)(3). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(f)(3), amended par. (3) identically, substituting ``the Yucca 
Mountain site'' for ``a candidate site'', striking ``either'' before 
``the Governor'', and substituting ``the State of Nevada'' for ``the 
State in which such candidate site is located, or the governing body of 
the affected Indian tribe where such candidate site is located, as the 
case may be''.
    Subsec. (c)(1). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(g)(1), amended par. (1) identically, substituting ``the Yucca 
Mountain site'' for ``any candidate site'', ``suitability of such site'' 
for ``suitability of such candidate site'', and ``repository at such 
site'' for ``repository at such candidate site''.
    Subsec. (c)(2). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(g)(2), amended par. (2) identically, striking out 
``candidate'' before ``site'' in two places in subpar. (A) and in two 
places in subpar. (B).
    Subsec. (c)(3), (4). Pub. L. 100-202 and Pub. L. 100-203, 
Sec. 5011(g)(3), amended subsec. (c) identically, adding par. (3) and 
striking out former pars. (3) and (4) which read as follows:
    ``(3) If site characterization activities are terminated at a 
candidate site for any reason, the Secretary shall (A) notify the 
Congress, the Governors and legislatures of all States in which 
candidate sites are located, and the governing bodies of all affected 
Indian tribes where candidate sites are located, of such termination and 
the reasons for such termination; and (B) remove any high-level 
radioactive waste, spent nuclear fuel, or other radioactive materials at 
or in such candidate site as promptly as practicable.
    ``(4) If a site is determined to be unsuitable for application for a 
construction authorization for a repository, the Secretary shall take 
reasonable and necessary steps to reclaim the site and to mitigate any 
significant adverse environmental impacts caused by site 
characterization activities.''

                  Section Referred to in Other Sections

    This section is referred to in sections 10101, 10132, 10134, 10136, 
10244, 10245 of this title.
