---
kind: "section"
citation: "42 U.S.C. § 10168"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10168"
heading: "Construction authorization"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10168"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter I — Disposal and Storage of High-Level Radioactive Waste, Spent Nuclear Fuel, and Low-Level Radioactive Waste"
  - "Part C — Monitored Retrievable Storage"
---

# §10168. Construction authorization

- (a) **Environmental impact statement—**
  - (1) Once the selection of a site is effective under [section 10166 of this title](/usc/42/10166.md), the requirements of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) shall apply with respect to [construction](/usc/42/300s–3.md?p=7) of a [monitored retrievable storage facility](/usc/42/10101.md?p=34), except that any environmental impact statement prepared with respect to such facility shall not be required to consider the need for such facility or any alternative to the design criteria for such facility set forth in [section 10161(b)(1) of this title](/usc/42/10161.md?p=b-1).
  - (2) Nothing in this section shall be construed to limit the consideration of alternative facility designs consistent with the criteria described in [section 10161(b)(1) of this title](/usc/42/10161.md?p=b-1) in any environmental impact statement, or in any licensing procedure of the [Commission](/usc/42/10101.md?p=7), with respect to any [monitored retrievable storage facility](/usc/42/10101.md?p=34) authorized under [section 10162(b) of this title](/usc/42/10162.md?p=b).
- (b) **Application for construction license—** Once the selection of a site for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) is effective under [section 10166 of this title](/usc/42/10166.md), the [Secretary](/usc/42/10101.md?p=20) may submit an application to the [Commission](/usc/42/10101.md?p=7) for a license to construct such a facility as part of an integrated nuclear waste management system and in accordance with the provisions of this section and applicable agreements under this chapter affecting such facility.
- (c) **Licensing—** Any [monitored retrievable storage facility](/usc/42/10101.md?p=34) authorized pursuant to [section 10162(b) of this title](/usc/42/10162.md?p=b) shall be subject to licensing under [section 5842(3) of this title](/usc/42/5842.md?p=3). In reviewing the application filed by the [Secretary](/usc/42/10101.md?p=20) for licensing of such facility, the [Commission](/usc/42/10101.md?p=7) may not consider the need for such facility or any alternative to the design criteria for such facility set forth in [section 10161(b)(1) of this title](/usc/42/10161.md?p=b-1).
- (d) **Licensing conditions—** Any license issued by the [Commission](/usc/42/10101.md?p=7) for a [monitored retrievable storage facility](/usc/42/10101.md?p=34) under this section shall provide that—
  - (1) [construction](/usc/42/300s–3.md?p=7) of such facility may not begin until the [Commission](/usc/42/10101.md?p=7) has issued a license for the [construction](/usc/42/300s–3.md?p=7) of a [repository](/usc/42/10101.md?p=18) under [section 10135(d)](/usc/42/10135.md?p=d)[^1] of this title;
  - (2) [construction](/usc/42/300s–3.md?p=7) of such facility or acceptance of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) shall be prohibited during such time as the [repository](/usc/42/10101.md?p=18) license is revoked by the [Commission](/usc/42/10101.md?p=7) or [construction](/usc/42/300s–3.md?p=7) of the [repository](/usc/42/10101.md?p=18) ceases;
  - (3) the quantity of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) at the site of such facility at any one time may not exceed 10,000 metric tons of heavy metal until a [repository](/usc/42/10101.md?p=18) under this chapter first accepts [spent nuclear fuel](/usc/42/10101.md?p=23) or solidified [high-level radioactive waste](/usc/42/10101.md?p=12); and
  - (4) the quantity of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) at the site of such facility at any one time may not exceed 15,000 metric tons of heavy metal.

## Footnotes

[^1]: So in original. Section 10135(d) of this title does not relate to Commission issuance of license.

## Source credit

(Pub. L. 97–425, title I, § 148, as added Pub. L. 100–202, § 101(d) [title III, § 300], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5021, Dec. 22, 1987, 101 Stat. 1330–235.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.

### Codification

Pub. L. 100–202 and Pub. L. 100–203 added identical sections.