
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: 42USC10247]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
                 SUBCHAPTER IV--NUCLEAR WASTE NEGOTIATOR
 
Sec. 10247. Environmental impact statement


(a) In general

    Issuance of a construction authorization for a repository or 
monitored retrievable storage facility 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 Policy 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 authorization.

(c) Adoption

    (1) Any such environmental impact statement shall, to the extent 
practicable, be adopted by the Nuclear Regulatory Commission, in 
accordance with section 1506.3 of title 40, Code of Federal 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 respect to a repository 
to be constructed under this subchapter at the Yucca Mountain site, the 
Nuclear Regulatory Commission need not consider the need for a 
repository, the time of initial availability of a repository, alternate 
sites to the Yucca Mountain site, or nongeologic alternatives to such 
site.
    (B) In any such statement prepared with respect to a repository to 
be constructed under this subchapter at a site other than the Yucca 
Mountain site, the Nuclear Regulatory Commission 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 alternate to such site in the preparation of such 
statement.

(Pub. L. 97-425, title IV, Sec. 407, 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. 1330-246.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsecs. (a) and (b), 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.
