Page:United States Statutes at Large Volume 96 Part 2.djvu/847

 PUBLIC LAW 97-425—JAN. 7, 1983

96 STAT. 2209

ously nominated under subparagraph (A), that was not recommended as a candidate site under subparagraph (B). (D) Such recommendations under subparagraphs (B) and (C) shall be consistent with the provisions of section 305. (E) Each nomination of a site under this subsection shall be accompanied by an environmental assessment, which shall include a detailed statement of the bsisis for such recommendation and of the probable impacts of the site characterization activities planned for such site, and a discussion of alternative activities relating to site characterization that may be undertaken to avoid such impacts. Such environmental assessment shall include— (i) an evaluation by the Secretary as to whether such site is suitable for site characterization under the guidelines established under subsection (a); (ii) an evaluation by the Secretary as to whether such site is suitable for development as a repository under each such guideline that does not require site characterization as a prerequisite for application of such guideline; (iii) an evaluation by the Secretary of the effects of the site characterization activities at such site on the public health and safety and the environment; (iv) a reasonable comparative evaluation by the Secretary of such site with other sites and locations that have been considered; (v) a description of the decision process by which such site was recommended; and (vi) an Eissessment of the regional and local impacts of locating the proposed repository at such site. (F)(i) The issuance of any environmental assessment under this paragraph shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code, and section 119. Such judicial review shall be limited to the sufficiency of such environmental assessment with respect to the items described in clauses (i) through (vi) of subparagraph (E). (G) Each environmental assessment prepared under this paragraph shall be made available to the public. (H) Before nominating a site, the Secretary shall notify the Governor and legislature of the State in which such site is located, or the governing body of the affected Indian tribe where such site is located, as the case may be, of such nomination and the basis for such nomination. (2) Before nominating any 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 of the proposed nomination of such site and to receive their comments. At such hearings, the Secretary shall also solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental assessment described in paragraph (1) and the site characterization plan described in section 113(b)(l). (3) In evaluating the sites nominated under this section prior to any decision to recommend a site as a candidate site, the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at a site unless (i) such preliminary boring or excavation activities were in progress upon the date of enactment of this Act or (ii) the Secretary certifies that such available informa-

Post, p. 2262. Environmental assessment.

Judicial review.

5 USC 701 et seq.

Public availability.

Hearings.

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