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1 nor and legislature of the State in which such site is located, 2 or the governing body of the Indian tribe on whose reserva3 tion such site is located, as the case may be, of such termina4 tion; and (ii) remove any high-level radioactive waste, spent 5 nuclear fuel, or other radioactive materials at or in such site 6 as promptly as practicable.

7 (d) PRELIMINARY ACTIVITIES.-Each activity of the 8 Secretary under this section that is in compliance with the 9 provisions of subsection (c) shall be considered a preliminary 10 decisionmaking activity. No such activity shall be considered 11 to be a major Federal action under section 102(2)(C) of the 12 National Environmental Policy Act of 1969 (42 U.S.C. 13 4332(2)(C)), or to require the preparation of any environ14 mental impact statement under subparagraph (E) or (F) of 15 section 102(2) of such Act.

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16 SITE APPROVAL AND CONSTRUCTION AUTHORIZATION SEC. 114. (a) HEARINGS AND PRESIDENTIAL REC18 OMMENDATION.-(1) The Secretary shall hold public hear19 ings in the vicinity of each site under consideration for rec20 ommendation to the President under this paragraph as a site 21 for the development of a repository, for the purposes of in22 forming the residents of the area in which such site is located 23 of such consideration and receiving their comments regarding 24 the possible recommendation of such site. If, upon completion 25 of such hearings and completion of site characterization activ

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1 ities at not less than 3 sites under section 113, the Secretary 2 decides to recommend approval of such site to the President, 3 the Secretary shall notify the Governor and legislature of the 4 State in which such site is located, or the governing body of 5 the Indian tribe on whose reservation such site is located, as 6 the case may be, of such decision. No sooner than the expira7 tion of the 30-day period following such notification, the Sec8 retary may submit to the President a recommendation that 9 the President approve such site for the development of a re10 pository. Any such recommendation by the Secretary shall be 11 based on the record of information developed by the Secretary 12 under section 113 and this section, including the information 13 described in subparagraph (A) through subparagraph (G). 14 Together with any recommendation of a site under this para15 graph, the Secretary shall make available to the public, and 16 submit to the President, a comprehensive statement of the 17 basis of such recommendation, including the following:

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(A) a description of the proposed repository, including preliminary engineering specifications for the facility;

(B) a description of the waste form or packaging proposed for use at such repository, and an explanation of the relationship between such waste form or packag

ing and the geologic medium of such site;

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(C) a discussion of data, obtained in site characterization activities, relating to the safety of such repository site;

(D) a final environmental impact statement, as required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including an analysis of the consideration given by the Secretary to not less than 3 sites identified under section 112, together with comments made concerning such environmental impact statement by the Secretary of the Interior, the

Council on Environmental Quality, the Administrator,

and the Commission, except that any such environmen

tal impact statement concerning the first repository to

be developed under this Act shall not be required to

consider the need for a repository or the alternatives to geologic disposal;

(E) preliminary comments of the Commission concerning the extent to which the at-depth site characterization analysis and the waste form proposal for such site seem to be sufficient for inclusion in any application to be submitted by the Secretary for licensing

of such site as a repository;

(F) the views and comments of the Governor and legislature of any State, or the governing body of any

Indian tribe, that is affected by such site, as deter

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mined by the Secretary, together with the response of

the Secretary to such views;

(G) such other information as the Secretary considers appropriate; and

(H) any impact report submitted under section 116(b)(2)(B)(i) by the State in which such site is located, or under 118(b)(2)(B)(i) by the Indian tribe on whose reservation such site is located, as the case may be.

(2) Not later than March 30, 1987, the President shall 11 submit to the Congress a recommendation of a site that the 12 President considers qualified for application for a construc13 tion authorization for a repository. The President shall 14 submit with such recommendation a copy of the report for 15 such site prepared by the Secretary under paragraph (1). 16 After submission of the first such recommendation, the Presi17 dent may submit to the Congress recommendations for other 18 sites, in accordance with the provisions of this subtitle. 19

(3) If approval of such first site recommendation does 20 not take effect as a result of a disapproval by the Governor 21 and legislature of a State under section 116 or the governing 22 body of an Indian tribe under section 118, the President 23 shall submit to the Congress, not later than one year after the 24 disapproval of such recommendation, a recommendation of 25 another site for the first repository.

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1 (4)(A) The President may not recommend the approval 2 of any site under this subsection unless the Secretary has 3 recommended to the President under paragraph (1) approval 4 of such site and has submitted to the President a report for 5 such site as required under such paragraph.

6 (B) No recommendation of a site by the President under 7 this subsection shall be considered a major Federal action 8 under section 102(2)(C) of the National Environmental 9 Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or be considered 10 to require the preparation of any environmental impact state11 ment under subparagraph (E) or (F) of section 102(2) of 12 such Act.

13 (b) SUBMISSION OF APPLICATION.-If the President 14 recommends to the Congress a site for a repository under 15 subsection (a) and the site designation is permitted to take 16 effect under section 115, the Secretary shall submit to the 17 Commission an application for a construction authorization 18 for a repository at such site not later than 90 days after the 19 date on which the recommendation of the site designation is 20 effective under such section and shall provide to the Governor 21 and legislature of the State in which such site is located, or 22 the governing body of the Indian tribe on whose reservation 23 such site is located, as the case may be, a copy of such appli24 cation.