42 USC § 10172a - Siting a second repository

---
identifier: "/us/usc/t42/s10172a"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 10172a - Siting a second repository"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "10172a"
section_name: "Siting a second repository"
chapter_number: 108
chapter_name: "NUCLEAR WASTE POLICY"
subchapter_number: "I"
subchapter_name: "DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE"
part_number: "E"
part_name: "Redirection of Nuclear Waste Program"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 97–425, title I, § 161, 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, § 5012, Dec. 22, 1987, 101 Stat. 1330–231.)"
---


# § 10172a. Siting a second repository

**(a)** **Congressional action required** The Secretary may not conduct site-specific activities with respect to a second repository unless Congress has specifically authorized and appropriated funds for such activities.

**(b)** **Report** January 1, 2007January 1, 2010

The Secretary shall report to the President and to Congress on or after , but not later than , on the need for a second repository.

**(c)** **Termination of granite research** December 22, 1987December 22, 1987

Not later than 6 months after , the Secretary shall phase out in an orderly manner funding for all research programs in existence on , designed to evaluate the suitability of crystalline rock as a potential repository host medium.

**(d)** **Additional siting criteria** In the event that the Secretary at any time after December 22, 1987, considers any sites in crystalline rock for characterization or selection as a repository, the Secretary shall consider (as a supplement to the siting guidelines under section 10132 of this title) such potentially disqualifying factors as—

**(1)** seasonal increases in population;

**(2)** proximity to public drinking water supplies, including those of metropolitan areas; and

**(3)** the impact that characterization or siting decisions would have on lands owned or placed in trust by the United States for Indian tribes.

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**Source Credit**: (Pub. L. 97–425, title I, § 161, 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, § 5012, Dec. 22, 1987, 101 Stat. 1330–231.)

## Editorial Notes

### Codification

and  added identical sections.