
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: 42USC10244]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
                 SUBCHAPTER IV--NUCLEAR WASTE NEGOTIATOR
 
Sec. 10244. Environmental assessment of sites


(a) In general

    Upon the request of the Negotiator, the Secretary shall prepare an 
environmental assessment of any site that is the subject of negotiations 
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 
characterizing such site and the construction and operation 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 probable impacts of construction and operation of such a facility at 
such site.

(c) Judicial review

    The issuance of an environmental assessment under subsection (a) of 
this section 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 storage 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 located that such site is being 
considered and to receive their comments.
    (2) At such hearings, the Secretary shall solicit and receive any 
recommendations of such residents with respect to issues that should be 
addressed in the environmental assessment required under subsection (a) 
of this section and the site characterization plan described in section 
10133(b)(1) of this title.

(e) Public availability

    Each environmental assessment prepared under subsection (a) of this 
section shall be made available to the public.

(f) Evaluation of sites

    (1) In preparing an environmental assessment under subsection (a) of 
this section, 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 assessment unless--
        (A) such preliminary boring or excavation activities were in 
    progress on or before December 22, 1987; or
        (B) the Secretary certifies that, in the absence 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 conducted under this section 
shall exceed a diameter of 40 inches.

(Pub. L. 97-425, title IV, Sec. 404, as added Pub. L. 100-202, 
Sec. 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; 
Pub. L. 100-203, title V, Sec. 5041, Dec. 22, 1987, 101 Stat. 1330-245.)

                          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 10243 of this title.
