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42 U.S.C. § 10172a — Siting a second repository

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(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 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) Termination of granite research 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) 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 . ( 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 Pub. L. 100–202 and Pub. L. 100–203 added identical sections. CFR Title Parts 40 191 , 194

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