42 U.S.C. § 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 must be considered a major Federal action significantly affecting the quality of the human environment for the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b) Preparation A final environmental impact statement must be prepared by the Secretary^* under such Act and must accompany any application to the Nuclear Regulatory Commission^* for a construction authorization.

(c) Adoption
(1) Any such environmental impact statement must, to the extent practicable, be adopted by the Nuclear Regulatory Commission, under 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 about 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 about 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 must consider the Yucca Mountain site as an alternate to such site in the preparation of such statement.