‘‘(2) HUMAN
INTRUSION.—The Commission
shall assume that, following repository closure, the
inclusion of engineered barriers and the Secretary’s
post-closure actions at the Yucca Mountain site, in
accordance with subsection (b)(3), shall be sufficient
to—
‘‘(A) prevent any human activity at the
site that poses an unreasonable risk of breach-
ing the repository’s engineered or geologic bar-
riers; and
‘‘(B) prevent any increase in the exposure
of individual members of the public to radiation
beyond allowable limits as specified in para-
graph (1).
‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—
‘‘(1) SUBMISSION OF STATEMENT.—Construc-
tion and operation of the repository shall be consid-
ered 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.). The Secretary shall submit
an environmental impact statement on the construc-
tion and operation of the repository to the Commis-
sion with the application for construction authoriza-
tion.
‘‘(2) CONSIDERATIONS.—For purposes of com-
plying with the requirements of the National Envi-
ronmental Policy Act of 1969 and this section, the
Secretary shall not consider in the environmental
impact statement the need for the repository, alter-
native sites or designs for the repository, the time of
the initial availability of the repository, or any alter-
natives to the isolation of spent nuclear fuel and
high-level radioactive waste in a repository.
‘‘(3) ADOPTION
BY
COMMISSION.—The Sec-
retary’s environmental impact statement and any
supplements thereto shall, to the extent practicable,
be adopted by the Commission in connection with
the issuance by the Commission of a construction
authorization under subsection (b)(1), a license
under subsection (b)(2), or a license amendment
under subsection (b)(3). To the extent such state-
ment or supplement is adopted by the Commission,
such adoption shall be deemed to also satisfy the re-
sponsibilities of the Commission under the National
Environmental Policy Act of 1969, and no further
consideration shall be required, except that nothing
in this subsection shall affect any independent re-
sponsibilities of the Commission to protect the public
health and safety under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.). In any such state-
ment prepared with respect to the repository, the
Commission shall not consider the need for a reposi-
tory, the time of initial availability of the repository,
alternate sites to the Yucca Mountain site, or non-
geologic alternatives to such site.
‘‘(f) JUDICIAL REVIEW.—No court shall have juris-
diction to enjoin issuance of the Commission repository
licensing regulations prior to its final decision on review
of such regulations.
‘‘SEC. 206. LAND WITHDRAWAL.
‘‘(a) WITHDRAWAL AND RESERVATION.—
‘‘(1) WITHDRAWAL.—Subject to valid existing
rights, the interim storage facility site and the
Yucca Mountain site, as described in subsection (b),
are withdrawn from all forms of entry, appropria-
tion, and disposal under the public land laws, includ-
ing the mineral leasing laws, the geothermal leasing
laws, the material sale laws, and the mining laws.
‘‘(2) JURISDICTION.—Jurisdiction of any land
within the interim storage facility site and the Yucca
Mountain site managed by the Secretary of the Inte-
rior or any other Federal officer is transferred to the
Secretary.
‘‘(3) RESERVATION.—The interim storage facil-
ity site and the Yucca Mountain site are reserved for
the use of the Secretary for the construction and op-
eration, respectively, of the interim storage facility
and the repository and activities associated with the
purposes of this title.
‘‘(b) LAND DESCRIPTION.—
‘‘(1) BOUNDARIES.—The boundaries depicted
on the map entitled ‘Interim Storage Facility Site
Withdrawal Map,’ dated July 28, 1995, and on file
with the Secretary, are established as the boundaries
of the Interim Storage Facility site.
‘‘(2) BOUNDARIES.—The boundaries depicted
on the map entitled ‘Yucca Mountain Site With-
drawal Map,’ dated July 28, 1995, and on file with
the Secretary, are established as the boundaries of
the Yucca Mountain site.
‘‘(3) NOTICE AND MAPS.—Within 6 months of
the date of enactment of this Act, the Secretary
shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the interim
storage facility site; and
‘‘(B) file copies of the maps described in
paragraph (1), and the legal description of the
interim storage facility site with the Congress,
the Secretary of the Interior, the Governor of
Nevada, and the Archivist of the United States.
‘‘(4) NOTICE AND MAPS.—Concurrent with the
Secretary’s application to the Commission for au-
thority to construct the repository, the Secretary
shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the Yucca
Mountain site; and
‘‘(B) file copies of the maps described in
paragraph (2), and the legal description of the
Yucca Mountain site with the Congress, the
Secretary of the Interior, the Governor of Ne-
vada, and the Archivist of the United States.
‘‘(5) CONSTRUCTION.—The maps and legal de-
scriptions of the interim storage facility site and the
Yucca Mountain site referred to in this subsection
shall have the same force and effect as if they were
included in this Act. The Secretary may correct cler-
ical and typographical errors in the maps and legal
descriptions and make minor adjustments in the
boundaries of the sites.