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42 U.S.C. § 10133

Site characterization

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 10133, Site characterization, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/482198
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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) 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).11 See References in Text note below. 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 general plan for site characterization activities to be conducted at such candidate site, which plan shall include— In conducting site characterization activities— if any radioactive material is used at a site— If the Secretary at any time determines the Yucca Mountain site to be unsuitable for development as a repository, the Secretary shall— Each activity of the Secretary under this section that is in compliance with the provisions of subsection (c) 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 33 So in original. The word “to” probably should not appear. require any environmental review under subparagraph (E) or (F) of section 102(2) of such Act.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 97-425(H.R. 3809)1983-01-07
    Nuclear Waste Policy Act of 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-202(H.J.Res. 395)1987-12-22
    A joint resolution making further continuing appropriations for the fiscal year 1988, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-203(H.R. 3545)1987-12-22
    Omnibus Budget Reconciliation Act of 1987
    House: no recorded tallySenate: no recorded tally