
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10168]

 
                 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. 10168. Construction authorization


(a) Environmental impact statement

    (1) Once the selection of a site is effective under section 10166 of 
this title, the requirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall apply with respect to construction 
of a monitored retrievable storage facility, except that any 
environmental impact statement prepared with respect to such facility 
shall not be required to consider the need for such facility or any 
alternative to the design criteria for such facility set forth in 
section 10161(b)(1) of this title.
    (2) Nothing in this section shall be construed to limit the 
consideration of alternative facility designs consistent with the 
criteria described in section 10161(b)(1) of this title in any 
environmental impact statement, or in any licensing procedure of the 
Commission, with respect to any monitored retrievable storage facility 
authorized under section 10162(b) of this title.

(b) Application for construction license

    Once the selection of a site for a monitored retrievable storage 
facility is effective under section 10166 of this title, the Secretary 
may submit an application to the Commission for a license to construct 
such a facility as part of an integrated nuclear waste management system 
and in accordance with the provisions of this section and applicable 
agreements under this chapter affecting such facility.

(c) Licensing

    Any monitored retrievable storage facility authorized pursuant to 
section 10162(b) of this title shall be subject to licensing under 
section 5842(3) of this title. In reviewing the application filed by the 
Secretary for licensing of such facility, the Commission may not 
consider the need for such facility or any alternative to the design 
criteria for such facility set forth in section 10161(b)(1) of this 
title.

(d) Licensing conditions

    Any license issued by the Commission for a monitored retrievable 
storage facility under this section shall provide that--
        (1) construction of such facility may not begin until the 
    Commission has issued a license for the construction of a repository 
    under section 10135(d) of this title;
        (2) construction of such facility or acceptance of spent nuclear 
    fuel or high-level radioactive waste shall be prohibited during such 
    time as the repository license is revoked by the Commission or 
    construction of the repository ceases;
        (3) the quantity of spent nuclear fuel or high-level radioactive 
    waste at the site of such facility at any one time may not exceed 
    10,000 metric tons of heavy metal until a repository under this 
    chapter first accepts spent nuclear fuel or solidified high-level 
    radioactive waste; and
        (4) the quantity of spent nuclear fuel or high-level radioactive 
    waste at the site of such facility at any one time may not exceed 
    15,000 metric tons of heavy metal.

(Pub. L. 97-425, title I, Sec. 148, 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. 
1330-235.)

                       References in Text

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

                          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 section 10162 of this title.
