Title 42The Public Health and WelfareRelease 119-73

§10172a Siting a second repository

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part E— - Redirection of Nuclear Waste Program › § 10172a

Last updated Apr 6, 2026|Official source

Summary

The Secretary must not do any site-specific work for a second repository unless Congress specifically authorizes it and provides the money. The Secretary must tell the President and Congress, between January 1, 2007 and January 1, 2010, whether a second repository is needed. Within six months after December 22, 1987, the Secretary must end funding for research then studying crystalline rock as a possible host. If crystalline rock sites are later considered, the Secretary must add to the siting rules consideration of seasonal population increases; closeness to public drinking-water supplies (including metropolitan systems); and impacts on lands owned or held in trust by the United States for Indian tribes.

Full Legal Text

Title 42, §10172a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)The Secretary shall report to the President and to Congress on or after January 1, 2007, but not later than January 1, 2010, on the need for a second repository.
(c)Not later than 6 months after December 22, 1987, the Secretary shall phase out in an orderly manner funding for all research programs in existence on December 22, 1987, designed to evaluate the suitability of crystalline rock as a potential repository host medium.
(d)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 10172a

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73