Site Approval Process for a National Repository at Yucca Mountain DOE has responsibility for formal finding of suitability. Under the Nuclear Waste Policy Act of 1982, the U.S. Department of Energy is required to make a formal finding of suitability for the Yucca Mountain site. A second report to be released later this summer, will serve as the basis for this determination. DOE recommendation to president and license application to NRC. If DOE’s suitability finding is favorable, the secretary of energy will recommend to the president that the repository be built. If the president approves the recommendation, DOE will apply to the Nuclear Regulatory Commission for a license to build it. At this point, the state of Nevada can submit a "notice of disapproval," which can be overruled only by a majority vote in Congress. The secretary is likely to make this recommendation at the end of the year. NRC review of DOE’s license application. NRC review of DOE’s application permits the participation of individuals and interested organizations. The state of Nevada is automatically a party to the NRC licensing proceeding and has full recourse to the courts after an NRC determination has been made. NRC approval is required before DOE can begin building the repository and will also be required for repository operation.