US (United States) Code. Title 42. Chapter 88: Uranium mill tailings radiation control

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 88 - URANIUM MILL TAILINGS RADIATION

CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

-HEAD-

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

-MISC1-

Sec.

7901. Congressional findings and purposes.

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

7911. Definitions.

7912. Processing site designations.

(a) Specific and other site locations; remedial

action; consultations; boundaries; Grand

Junction, Colorado, site restriction.

(b) Health hazard assessment; priorities for

remedial action.

(c) Notification.

(d) Finality of determinations.

(e) Certain real property or improved areas.

(f) Designation of Moab Site as processing site.

7913. State cooperative agreements.

(a) Authority of Secretary; prompt commencement of

preparations.

(b) Terms and conditions; limitation of Federal

assistance.

(c) Written consent of record interest holder;

waiver.

(d) Inspection entries; termination of right of

entry.

(e) Effective date.

(f) Reimbursement.

7914. Acquisition and disposition of lands and materials.

(a) State acquisition; windfall profits prevention.

(b) Disposition and stabilization site for residual

radioactive materials; Federal site available.

(c) Boundary limitations.

(d) Purchasers of sites; notification; rules and

regulations.

(e) State disposition; terms and conditions; fair

market value; offer of sale to prior owner.

(f) Transfer of title to Secretary; payment from

funds for administrative and legal costs;

custody of property; compliance with health

and environmental standards for uranium mill

tailings; transfer of title restriction.

(g) Reimbursement; fair market value; deposits in

Treasury.

(h) Subsurface mineral rights; sale, lease, or

other disposition; restoration costs for

disturbance of residual radioactive materials.

7915. Indian tribe cooperative agreements.

(a) Authority of Secretary; priorities for remedial

action; use of Indian personnel; terms and

conditions.

(b) Disposition and stabilization sites for

residual radioactive materials; transfer to

Secretary of the Interior.

7916. Acquisition of land by Secretary; transfer of public

lands by Secretary of the Interior to Secretary;

consultations with Governor; consent of Governor;

transfer from Federal agency to Secretary.

7917. Financial assistance.

(a) Federal and non-Federal funds; administrative

costs.

(b) Indian land processing sites.

7918. Remedial action and mineral recovery activities.

(a) General standards for remedial action; Federal

performance and State participation; use of

technology; promulgation of standards.

(b) Mineral concentration evaluation; terms and

conditions for mineral recovery; payment of

Federal and State share of net profits

recovery costs; licenses.

7919. Rules.

7920. Enforcement.

(a) Civil penalty; appellate review; action to

recover civil penalty; sovereign immunity;

equitable remedies.

(b) Atomic energy licensing requirements.

7921. Public participation; public hearings.

7922. Termination of authority of Secretary.

(a) Exceptions; "byproduct material" defined.

(b) Authorization of appropriations.

7923. Limitation of contractual authority.

7924. Reports to Congress.

(a) Information; consultations; separate official

views; partial report concerning uranium mill

tailings provisions.

(b) Identification of sites; Federal agency

jurisdiction; contents; duplication

prohibition; use and cooperation respecting

other Federal agency information.

(c) Uranium mine wastes hazards elimination

program.

(d) Reports to Congressional committees.

(e) Documentation of information; public

availability; trade secrets and other

disclosure exempt information.

7925. Active operations; liability for remedial action.

SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN

NEW MEXICO

7941. Study of authority for regulation and control of

residual radioactive materials at New Mexico sites

for protection of public health, safety, and the

environment; report to Congress and Secretary; basis

for determination of inadequacy of authority; interim

regulation pending completion of study.

7942. Designation by Secretary as processing sites for

subchapter I purposes.

(a) New Mexico cooperative agreement respecting

certain residual radioactive materials;

submission to Congressional committees.

(b) Effective date.

(c) Subchapter I provisions applicable.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2296a-3 of this title;

title 30 section 1240a.

-End-

-CITE-

42 USC Sec. 7901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

-HEAD-

Sec. 7901. Congressional findings and purposes

-STATUTE-

(a) The Congress finds that uranium mill tailings located at

active and inactive mill operations may pose a potential and

significant radiation health hazard to the public, and that the

protection of the public health, safety, and welfare and the

regulation of interstate commerce require that every reasonable

effort be made to provide for the stabilization, disposal, and

control in a safe and environmentally sound manner of such tailings

in order to prevent or minimize radon diffusion into the

environment and to prevent or minimize other environmental hazards

from such tailings.

(b) The purposes of this chapter are to provide -

(1) in cooperation with the interested States, Indian tribes,

and the persons who own or control inactive mill tailings sites,

a program of assessment and remedial action at such sites,

including, where appropriate, the reprocessing of tailings to

extract residual uranium and other mineral values where

practicable, in order to stabilize and control such tailings in a

safe and environmentally sound manner and to minimize or

eliminate radiation health hazards to the public, and

(2) a program to regulate mill tailings during uranium or

thorium ore processing at active mill operations and after

termination of such operations in order to stabilize and control

such tailings in a safe and environmentally sound manner and to

minimize or eliminate radiation health hazards to the public.

-SOURCE-

(Pub. L. 95-604, Sec. 2, Nov. 8, 1978, 92 Stat. 3021.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as

amended, known as the Uranium Mill Tailings Radiation Control Act

of 1978. For complete classification of this Act to the Code, see

Short Title note below and Tables.

-MISC1-

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-616, Sec. 1, Nov. 5, 1988, 102 Stat. 3192, provided:

"That this Act [amending sections 7916 and 7922 of this title] may

be cited as the 'Uranium Mill Tailings Remedial Action Amendments

Act of 1988'."

SHORT TITLE

Section 1 of Pub. L. 95-604 provided that: "This Act [enacting

this chapter and sections 2022, 2113, and 2114 of this title,

amending sections 2014, 2021, 2111, and 2201 of this title, and

enacting provisions set out as notes under sections 2014, 2021, and

2113 of this title] may be cited as the 'Uranium Mill Tailings

Radiation Control Act of 1978'."

-End-

-CITE-

42 USC SUBCHAPTER I - REMEDIAL ACTION PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2022, 7942 of this

title.

-End-

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42 USC Sec. 7911 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7911. Definitions

-STATUTE-

For purposes of this subchapter -

(1) The term "Secretary" means the Secretary of Energy.

(2) The term "Commission" means the Nuclear Regulatory

Commission.

(3) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(4) The term "Indian tribe" means any tribe, band, clan, group,

pueblo, or community of Indians recognized as eligible for

services provided by the Secretary of the Interior to Indians.

(5) The term "person" means any individual, association,

partnership, corporation, firm, joint venture, trust, government

entity, and any other entity, except that such term does not

include any Indian or Indian tribe.

(6) The term "processing site" means -

(A) any site, including the mill, containing residual

radioactive materials at which all or substantially all of the

uranium was produced for sale to any Federal agency prior to

January 1, 1971 under a contract with any Federal agency,

except in the case of a site at or near Slick Rock, Colorado,

unless -

(i) such site was owned or controlled as of January 1,

1978, or is thereafter owned or controlled, by any Federal

agency, or

(ii) a license (issued by the Commission or its predecessor

agency under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et

seq.] or by a State as permitted under section 274 of such

Act [42 U.S.C. 2021]) for the production at such site of any

uranium or thorium product derived from ores is in effect on

January 1, 1978, or is issued or renewed after such date; and

(B) any other real property or improvement thereon which -

(i) is in the vicinity of such site, and

(ii) is determined by the Secretary, in consultation with

the Commission, to be contaminated with residual radioactive

materials derived from such site.

Any ownership or control of an area by a Federal agency which is

acquired pursuant to a cooperative agreement under this

subchapter shall not be treated as ownership or control by such

agency for purposes of subparagraph (A)(i). A license for the

production of any uranium product from residual radioactive

materials shall not be treated as a license for production from

ores within the meaning of subparagraph (A)(ii) if such

production is in accordance with section 7918(b) of this title.

(7) The term "residual radioactive material" means -

(A) waste (which the Secretary determines to be radioactive)

in the form of tailings resulting from the processing of ores

for the extraction of uranium and other valuable constituents

of the ores; and

(B) other waste (which the Secretary determines to be

radioactive) at a processing site which relate to such

processing, including any residual stock of unprocessed ores or

low-grade materials.

(8) The term "tailings" means the remaining portion of a

metal-bearing ore after some or all of such metal, such as

uranium, has been extracted.

(9) The term "Federal agency" includes any executive agency as

defined in section 105 of title 5.

(10) The term "United States" means the 48 contiguous States

and Alaska, Hawaii, Puerto Rico, the District of Columbia, and

the territories and possessions of the United States.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 101, Nov. 8, 1978, 92 Stat. 3022.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in par. (6)(A)(ii), is

act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2022, 7912, 7913, 7914,

7942 of this title.

-End-

-CITE-

42 USC Sec. 7912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7912. Processing site designations

-STATUTE-

(a) Specific and other site locations; remedial action;

consultations; boundaries; Grand Junction, Colorado, site

restriction

(1) As soon as practicable, but no later than one year after

November 8, 1978, the Secretary shall designate processing sites at

or near the following locations:

Salt Lake City, Utah

Green River, Utah

Mexican Hat, Utah

Durango, Colorado

Grand Junction, Colorado

Rifle, Colorado (two sites)

Gunnison, Colorado

Naturita, Colorado

Maybell, Colorado

Slick Rock, Colorado (two sites)

Shiprock, New Mexico

Ambrosia Lake, New Mexico

Riverton, Wyoming

Converse County, Wyoming

Lakeview, Oregon

Falls City, Texas

Tuba City, Arizona

Monument Valley, Arizona

Lowman, Idaho

Cannonsburg, Pennsylvania

Subject to the provisions of this subchapter, the Secretary shall

complete remedial action at the above listed sites before his

authority terminates under this subchapter. The Secretary shall

within one year of November 8, 1978, also designate all other

processing sites within the United States which he determines

requires remedial action to carry out the purposes of this

subchapter. In making such designation, the Secretary shall consult

with the Administrator, the Commission, and the affected States,

and in the case of Indian lands, the appropriate Indian tribe and

the Secretary of the Interior.

(2) As part of his designation under this subsection, the

Secretary, in consultation with the Commission, shall determine the

boundaries of each such site.

(3) No site or structure with respect to which remedial action is

authorized under Public Law 92-314 in Grand Junction, Colorado, may

be designated by the Secretary as a processing site under this

section.

(b) Health hazard assessment; priorities for remedial action

Within one year from November 8, 1978, the Secretary shall assess

the potential health hazard to the public from the residual

radioactive materials at designated processing sites. Based upon

such assessment, the Secretary shall, within such one year period,

establish priorities for carrying out remedial action at each such

site. In establishing such priorities, the Secretary shall rely

primarily on the advice of the Administrator.

(c) Notification

Within thirty days after making designations of processing sites

and establishing the priorities for such sites under this section,

the Secretary shall notify the Governor of each affected State,

and, where appropriate, the Indian tribes and the Secretary of the

Interior.

(d) Finality of determinations

The designations made, and priorities established, by the

Secretary under this section shall be final and not be subject to

judicial review.

(e) Certain real property or improved areas

(1) The designation of processing sites within one year after

November 8, 1978, under this section shall include, to the maximum

extent practicable, the areas referred to in section 7911(6)(B) of

this title.

(2) Notwithstanding the one year limitation contained in this

section, the Secretary may, after such one year period, include any

area described in section 7911(6)(B) of this title as part of a

processing site designated under this section if he determines such

inclusion to be appropriate to carry out the purposes of this

subchapter.

(3) The Secretary shall designate as a processing site within the

meaning of section 7911(6) of this title any real property, or

improvements thereon, in Edgemont, South Dakota, that -

(A) is in the vicinity of the Tennessee Valley Authority

uranium mill site at Edgemont (but not including such site), and

(B) is determined by the Secretary to be contaminated with

residual radioactive materials.

In making the designation under this paragraph, the Secretary shall

consult with the Administrator, the Commission and the State of

South Dakota. The provisions of this subchapter shall apply to the

site so designated in the same manner and to the same extent as to

the sites designated under subsection (a) of this section except

that, in applying such provisions to such site, any reference in

this subchapter to November 8, 1978, shall be treated as a

reference to January 4, 1983, and in determining the State share

under section 7917 of this title of the costs of remedial action,

there shall be credited to the State, expenditures made by the

State prior to January 4, 1983, which the Secretary determines

would have been made by the State or the United States in carrying

out the requirements of this subchapter.

(f) Designation of Moab Site as processing site

(1) Designation

Notwithstanding any other provision of law, the Moab uranium

milling site (referred to in this subsection as the "Moab site")

located approximately three miles northwest of Moab, Utah, and

identified in the Final Environmental Impact Statement issued by

the Nuclear Regulatory Commission in March 1996 in conjunction

with Source Materials License No. SUA-917, is designated as a

processing site.

(2) Applicability

This subchapter applies to the Moab site in the same manner and

to the same extent as to other processing sites designated under

subsection (a) of this section, except that -

(A) sections 7913, 7914(b), 7917(a), 7922(a), and 7925(a) of

this title shall not apply; and

(B) a reference in this subchapter to November 8, 1978, shall

be treated as a reference to October 30, 2000.

(3) Remediation

Subject to the availability of appropriations for this purpose,

the Secretary shall conduct remediation at the Moab site in a

safe and environmentally sound manner that takes into

consideration the remedial action plan prepared pursuant to

section 3405(i) of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note;

Public Law 105-261), including -

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for

permanent disposition and any necessary stabilization, of

residual radioactive material and other contaminated material

from the Moab site and the floodplain of the Colorado River.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 102, Nov. 8, 1978, 92 Stat. 3023;

Pub. L. 97-415, Sec. 21, Jan. 4, 1983, 96 Stat. 2079; Pub. L.

106-398, Sec. 1 [div. C, title XXXIV, Sec. 3403(b)], Oct. 30, 2000,

114 Stat. 1654, 1654A-489.)

-REFTEXT-

REFERENCES IN TEXT

Remedial action authorized under Public Law 92-314, referred to

in subsec. (a)(3), means the remedial action authorized by title II

of Pub. L. 92-314, June 16, 1972, 86 Stat. 222, which is not

classified to the Code.

-MISC1-

AMENDMENTS

2000 - Subsec. (f). Pub. L. 106-398 added subsec. (f).

1983 - Subsec. (e)(3). Pub. L. 97-415 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7913, 7915, 9601 of this

title.

-End-

-CITE-

42 USC Sec. 7913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7913. State cooperative agreements

-STATUTE-

(a) Authority of Secretary; prompt commencement of preparations

After notifying a State of the designation referred to in section

7912 of this title, the Secretary subject to section 7923 of this

title, is authorized to enter into cooperative agreements with such

State to perform remedial actions at each designated processing

site in such State (other than a site located on Indian lands

referred to in section 7915 of this title). The Secretary shall, to

the greatest extent practicable, enter into such agreements and

carry out such remedial actions in accordance with the priorities

established by him under section 7912 of this title. The Secretary

shall commence preparations for cooperative agreements with respect

to each designated processing site as promptly as practicable

following the designation of each site.

(b) Terms and conditions; limitation of Federal assistance

Each cooperative agreement under this section shall contain such

terms and conditions as the Secretary deems appropriate and

consistent with the purposes of this chapter, including, but not

limited to, a limitation on the use of Federal assistance to those

costs which are directly required to complete the remedial action

selected pursuant to section 7918 of this title.

(c) Written consent of record interest holder; waiver

(1) Except where the State is required to acquire the processing

site as provided in subsection (a) of section 7914 of this title,

each cooperative agreement with a State under this section shall

provide that the State shall obtain, in a form prescribed by the

Secretary, written consent from any person holding any record

interest in the designated processing site for the Secretary or any

person designated by him to perform remedial action at such site.

(2) Such written consent shall include a waiver by each such

person on behalf of himself, his heirs, successors, and assigns -

(A) releasing the United States of any liability or claim

thereof by such person, his heirs, successors, and assigns

concerning such remedial action, and

(B) holding the United States harmless against any claim by

such person on behalf of himself, his heirs, successors, or

assigns arising out of the performance of any such remedial

action.

(d) Inspection entries; termination of right of entry

Each cooperative agreement under this section shall require the

State to assure that the Secretary, the Commission, and the

Administrator and their authorized representatives have a permanent

right of entry at any time to inspect the processing site and the

site provided pursuant to section 7914(b)(1) of this title in

furtherance of the provisions of this subchapter and to carry out

such agreement and enforce this chapter and any rules prescribed

under this chapter. Such right of entry under this section or

section 7916 of this title into an area described in section

7911(6)(B) of this title shall terminate on completion of the

remedial action, as determined by the Secretary.

(e) Effective date

Each agreement under this section shall take effect only upon the

concurrence of the Commission with the terms and conditions

thereof.

(f) Reimbursement

The Secretary may, in any cooperative agreement entered into

under this section or section 7915 of this title, provide for

reimbursement of the actual costs, as determined by the Secretary,

of any remedial action performed with respect to so much of a

designated processing site as is described in section 7911(6)(B) of

this title. Such reimbursement shall be made only to a property

owner of record at the time such remedial action was undertaken and

only with respect to costs incurred by such property owner. No such

reimbursement may be made unless -

(1) such remedial action was completed prior to November 8,

1978, and unless the application for such reimbursement was filed

by such owner within one year after an agreement under this

section or section 7915 of this title is approved by the

Secretary and the Commission, and

(2) the Secretary is satisfied that such action adequately

achieves the purposes of this chapter with respect to the site

concerned and is consistent with the standards established by the

Administrator pursuant to section 2022(a) of this title.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 103, Nov. 8, 1978, 92 Stat. 3024.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7912, 7914, 7917 of this

title.

-End-

-CITE-

42 USC Sec. 7914 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7914. Acquisition and disposition of lands and materials

-STATUTE-

(a) State acquisition; windfall profits prevention

Each cooperative agreement under section 7913 of this title shall

require the State, where determined appropriate by the Secretary

with the concurrence of the Commission, to acquire any designated

processing site, including where appropriate any interest therein.

In determining whether to require the State to acquire a designated

processing site or interest therein, consideration shall be given

to the prevention of windfall profits.

(b) Disposition and stabilization site for residual radioactive

materials; Federal site available

(1) If the Secretary with the concurrence of the Commission

determines that removal of residual radioactive material from a

processing site is appropriate, the cooperative agreement shall

provide that the State shall acquire land (including, where

appropriate, any interest therein) to be used as a site for the

permanent disposition and stabilization of such residual

radioactive materials in a safe and environmentally sound manner.

(2) Acquisition by the State shall not be required under this

subsection if a site located on land controlled by the Secretary or

made available by the Secretary of the Interior pursuant to section

7916(2) of this title is designated by the Secretary, with the

concurrence of the Commission, for such disposition and

stabilization.

(c) Boundary limitations

No State shall be required under subsection (a) or (b) of this

section to acquire any real property or improvement outside the

boundaries of -

(1) that portion of the processing site which is described in

section 7911(6)(A) of this title, and

(2) the site used for disposition of the residual radioactive

materials.

(d) Purchasers of sites; notification; rules and regulations

In the case of each processing site designated under this

subchapter other than a site designated on Indian land, the State

shall take such action as may be necessary, and pursuant to

regulations of the Secretary under this subsection, to assure that

any person who purchases such a processing site after the removal

of radioactive materials from such site shall be notified in an

appropriate manner prior to such purchase, of the nature and extent

of residual radioactive materials removed from the site, including

notice of the date when such action took place, and the condition

of such site after such action. If the State is the owner of such

site, the State shall so notify any prospective purchaser before

entering into a contract, option, or other arrangement to sell or

otherwise dispose of such site. The Secretary shall issue

appropriate rules and regulations to require notice in the local

land records of the residual radioactive materials which were

located at any processing site and notice of the nature and extent

of residual radioactive materials removed from the site, including

notice of the date when such action took place. For purposes of

this subsection, the term "site" does not include any property

described in section 7911(6)(B) of this title which is in a State

which the Secretary has certified has a program which would achieve

the purposes of this subsection.

(e) State disposition; terms and conditions; fair market value;

offer of sale to prior owner

(1) The terms and conditions of any cooperative agreement with a

State under section 7913 of this title shall provide that in the

case of any lands or interests therein acquired by the State

pursuant to subsection (a) of this section, the State, with the

concurrence of the Secretary and the Commission, may -

(A) sell such lands and interests,

(B) permanently retain such land and interests in lands (or

donate such lands and interests therein to another governmental

entity within such State) for permanent use by such State or

entity solely for park, recreational, or other public purposes,

or

(C) transfer such lands and interests to the United States as

provided in subsection (f) of this section.

No lands may be sold under subparagraph (A) without the consent of

the Secretary and the Commission. No site may be sold under

subparagraph (A) or retained under subparagraph (B) if such site is

used for the disposition of residual radioactive materials.

(2) Before offering for sale any lands and interests therein

which comprise a processing site, the State shall offer to sell

such lands and interests at their fair market value to the person

from whom the State acquired them.

(f) Transfer of title to Secretary; payment from funds for

administrative and legal costs; custody of property; compliance

with health and environmental standards for uranium mill

tailings; transfer of title restriction

(1) Each agreement under section 7913 of this title shall provide

that title to -

(A) the residual radioactive materials subject to the

agreement, and

(B) any lands and interests therein which have been acquired by

the State, under subsection (a) or (b) of this section, for the

disposition of such materials,

shall be transferred by the State to the Secretary when the

Secretary (with the concurrence of the Commission) determines that

remedial action is completed in accordance with the requirements

imposed pursuant to this subchapter. No payment shall be made in

connection with the transfer of such property from funds

appropriated for purposes of this chapter other than payments for

any administrative and legal costs incurred in carrying out such

transfer.

(2) Custody of any property transferred to the United States

under this subsection shall be assumed by the Secretary or such

Federal agency as the President may designate. Notwithstanding any

other provision of law, upon completion of the remedial action

program authorized by this subchapter, such property and minerals

shall be maintained pursuant to a license issued by the Commission

in such manner as will protect the public health, safety, and the

environment. The Commission may, pursuant to such license or by

rule or order, require the Secretary or other Federal agency having

custody of such property and minerals to undertake such monitoring,

maintenance, and emergency measures necessary to protect public

health and safety and other actions as the Commission deems

necessary to comply with the standards of section 2022(a) of this

title. The Secretary or such other Federal agency is authorized to

carry out maintenance, monitoring and emergency measures under this

subsection, but shall take no other action pursuant to such

license, rule or order with respect to such property and minerals

unless expressly authorized by Congress after November 8, 1978. The

United States shall not transfer title to property or interest

therein acquired under this subsection to any person or State,

except as provided in subsection (h) of this section.

(g) Reimbursement; fair market value; deposits in Treasury

Each agreement under section 7913 of this title which permits any

sale described in subsection (e)(1)(A) of this section shall

provide for the prompt reimbursement to the Secretary from the

proceeds of such sale. Such reimbursement shall be in an amount

equal to the lesser of -

(1) that portion of the fair market value of the lands or

interests therein which bears the same ratio to such fair market

value as the Federal share of the costs of acquisition by the

State to such lands or interest therein bears to the total cost

of such acquisition, or

(2) the total amount paid by the Secretary with respect to such

acquisition.

The fair market value of such lands or interest shall be determined

by the Secretary as of the date of the sale by the State. Any

amounts received by the Secretary under this subchapter shall be

deposited in the Treasury of the United States as miscellaneous

receipts.

(h) Subsurface mineral rights; sale, lease, or other disposition;

restoration costs for disturbance of residual radioactive

materials

No provision of any agreement under section 7913 of this title

shall prohibit the Secretary of the Interior, with the concurrence

of the Secretary of Energy and the Commission, from disposing of

any subsurface mineral rights by sale or lease (in accordance with

laws of the United States applicable to the sale, lease, or other

disposal of such rights) which are associated with land on which

residual radioactive materials are disposed and which are

transferred to the United States as required under this section if

the Secretary of the Interior takes such action as the Commission

deems necessary pursuant to a license issued by the Commission to

assure that the residual radioactive materials will not be

disturbed by reason of any activity carried on following such

disposition. If any such materials are disturbed by any such

activity, the Secretary of the Interior shall insure, prior to the

disposition of the minerals, that such materials will be restored

to a safe and environmentally sound condition as determined by the

Commission, and that the costs of such restoration will be borne by

the person acquiring such rights from the Secretary of the Interior

or from his successor or assign.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 104, Nov. 8, 1978, 92 Stat. 3025;

Pub. L. 104-259, Sec. 4(a), Oct. 9, 1996, 110 Stat. 3174.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-259 inserted at end "For purposes

of this subsection, the term 'site' does not include any property

described in section 7911(6)(B) of this title which is in a State

which the Secretary has certified has a program which would achieve

the purposes of this subsection."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2022, 2113, 7912, 7913,

7915 of this title.

-End-

-CITE-

42 USC Sec. 7915 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7915. Indian tribe cooperative agreements

-STATUTE-

(a) Authority of Secretary; priorities for remedial action; use of

Indian personnel; terms and conditions

After notifying the Indian tribe of the designation pursuant to

section 7912 of this title, the Secretary, in consultation with the

Secretary of the Interior, is authorized to enter into a

cooperative agreement, subject to section 7923 of this title, with

any Indian tribe to perform remedial action at a designated

processing site located on land of such Indian tribe. The Secretary

shall, to the greatest extent practicable, enter into such

agreements and carry out such remedial actions in accordance with

the priorities established by him under section 7912 of this title.

In performing any remedial action under this section and in

carrying out any continued monitoring or maintenance respecting

residual radioactive materials associated with any site subject to

a cooperative agreement under this section, the Secretary shall

make full use of any qualified members of Indian tribes resident in

the vicinity of any such site. Each such agreement shall contain

such terms and conditions as the Secretary deems appropriate and

consistent with the purposes of this chapter. Such terms and

conditions shall require the following:

(1) The Indian tribe and any person holding any interest in

such land shall execute a waiver (A) releasing the United States

of any liability or claim thereof by such tribe or person

concerning such remedial action and (B) holding the United States

harmless against any claim arising out of the performance of any

such remedial action.

(2) The remedial action shall be selected and performed in

accordance with section 7918 of this title by the Secretary or

such person as he may designate.

(3) The Secretary, the Commission, and the Administrator and

their authorized representatives shall have a permanent right of

entry at any time to inspect such processing site in furtherance

of the provisions of this subchapter, to carry out such

agreement, and to enforce any rules prescribed under this

chapter.

Each agreement under this section shall take effect only upon

concurrence of the Commission with the terms and conditions

thereof.

(b) Disposition and stabilization sites for residual radioactive

materials; transfer to Secretary of the Interior

When the Secretary with the concurrence of the Commission

determines removal of residual radioactive materials from a

processing site on lands described in subsection (a) of this

section to be appropriate, he shall provide, consistent with other

applicable provisions of law, a site or sites for the permanent

disposition and stabilization in a safe and environmentally sound

manner of such residual radioactive materials. Such materials shall

be transferred to the Secretary (without payment therefor by the

Secretary) and permanently retained and maintained by the Secretary

under the conditions established in a license issued by the

Commission, subject to section 7914(f)(2) and (h) of this title.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 105, Nov. 8, 1978, 92 Stat. 3028.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7913 of this title.

-End-

-CITE-

42 USC Sec. 7916 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7916. Acquisition of land by Secretary; transfer of public

lands by Secretary of the Interior to Secretary; consultations

with Governor; consent of Governor; transfer from Federal agency

to Secretary

-STATUTE-

Where necessary or appropriate in order to consolidate in a safe

and environmentally sound manner the location of residual

radioactive materials which are removed from processing sites under

cooperative agreements under this subchapter, or where otherwise

necessary for the permanent disposition and stabilization of such

materials in such manner -

(1) the Secretary may acquire land and interests in land for

such purposes by purchase, donation, or under any other authority

of law or

(2) the Secretary of the Interior may transfer permanently to

the Secretary to carry out the purposes of this chapter, public

lands under the jurisdiction of the Bureau of Land Management in

the vicinity of processing sites in the following counties:

(A) Apache County in the State of Arizona;

(B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San

Miguel Counties in the State of Colorado;

(C) Boise County in the State of Idaho;

(D) Billings and Bowman Counties in the State of North

Dakota;

(E) Grand and San Juan Counties in the State of Utah;

(F) Converse and Fremont Counties in the State of Wyoming;

and

(G) Any other county in the vicinity of a processing site, if

no site in the county in which a processing site is located is

suitable.

Any permanent transfer of lands under the jurisdiction of the

Bureau of Land Management by the Secretary of the Interior to the

Secretary shall not take place until the Secretary complies with

the requirements of the National Environmental Policy Act (42

U.S.C. 4321 et seq.) with respect to the selection of a site for

the permanent disposition and stabilization of residual radioactive

materials. Section 1714 of title 43 shall not apply to this

transfer of jurisdiction. Prior to acquisition of land under

paragraph (1) or (2) of this subsection (!1) in any State, the

Secretary shall consult with the Governor of such State. No lands

may be acquired under such paragraph (1) or (2) in any State in

which there is no (1) processing site designated under this

subchapter or (2) active uranium mill operation, unless the

Secretary has obtained the consent of the Governor of such State.

No lands controlled by any Federal agency may be transferred to the

Secretary to carry out the purposes of this chapter without the

concurrence of the chief administrative officer of such agency.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 106, Nov. 8, 1978, 92 Stat. 3029;

Pub. L. 100-616, Sec. 2, Nov. 5, 1988, 102 Stat. 3192.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as

amended, known as the Uranium Mill Tailings Radiation Control Act

of 1978. For complete classification of this Act to the Code, see

Short Title note set out under section 7901 of this title and

Tables.

The National Environmental Policy Act, referred to in text,

probably means the National Environmental Policy Act of 1969, Pub.

L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 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.

-MISC1-

AMENDMENTS

1988 - Par. (2). Pub. L. 100-616 added par. (2) and concluding

provisions and struck out former par. (2) and concluding provisions

which read as follows:

"(2) the Secretary of the Interior may make available public

lands administered by him for such purposes in accordance with

other applicable provisions of law.

Prior to acquisition of land under paragraph (1) or (2) of this

subsection in any State, the Secretary shall consult with the

Governor of such State. No lands may be acquired under such

paragraph (1) or (2) in any State in which there is no (1)

processing site designated under this subchapter or (2) active

uranium mill operation, unless the Secretary has obtained the

consent of the Governor of such State. No lands controlled by any

Federal agency may be transferred to the Secretary to carry out the

purposes of this chapter without the concurrence of the chief

administrative officer of such agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7913, 7914 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

42 USC Sec. 7917 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7917. Financial assistance

-STATUTE-

(a) Federal and non-Federal funds; administrative costs

In the case of any designated processing site for which an

agreement is executed with any State for remedial action at such

site, the Secretary shall pay 90 per centum of the actual cost of

such remedial action, including the actual costs of acquiring such

site (and any interest therein) or any disposition site (and any

interest therein) pursuant to section 7913 of this title, and the

State shall pay the remainder of such costs from non-Federal funds.

The Secretary shall not pay the administrative costs incurred by

any State to develop, prepare, and carry out any cooperative

agreement executed with such State under this subchapter, except

the proportionate share of the administrative costs associated with

the acquisition of lands and interests therein acquired by the

State pursuant to this subchapter.

(b) Indian land processing sites

In the case of any designated processing site located on Indian

lands, the Secretary shall pay the entire cost of such remedial

action.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 107, Nov. 8, 1978, 92 Stat. 3029.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7912 of this title.

-End-

-CITE-

42 USC Sec. 7918 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7918. Remedial action and mineral recovery activities

-STATUTE-

(a) General standards for remedial action; Federal performance and

State participation; use of technology; promulgation of standards

(1) The Secretary or such person as he may designate shall select

and perform remedial actions at designated processing sites and

disposal sites in accordance with the general standards prescribed

by the Administrator pursuant to section 275 a. of the Atomic

Energy Act of 1954 [42 U.S.C. 2022(a)]. The State shall participate

fully in the selection and performance of a remedial action for

which it pays part of the cost. Such remedial action shall be

selected and performed with the concurrence of the Commission and

in consultation, as appropriate, with the Indian tribe and the

Secretary of the Interior. Residual radioactive material from a

processing site designated under this subchapter may be disposed of

at a facility licensed under title II under the administrative and

technical requirements of such title. Disposal of such material at

such a site in accordance with such requirements shall be

considered to have been done in accordance with the administrative

and technical requirements of this subchapter.

(2) The Secretary shall use technology in performing such

remedial action as will insure compliance with the general

standards promulgated by the Administrator under section 275 a. of

the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] and will assure

the safe and environmentally sound stabilization of residual

radioactive materials, consistent with existing law.

(3) Notwithstanding paragraphs (1) and (2) of this subsection,

after October 31, 1982, if the Administrator has not promulgated

standards under section 275 a. of the Atomic Energy Act of 1954 [42

U.S.C. 2022(a)] in final form by such date, remedial action taken

by the Secretary under this subchapter shall comply with the

standards proposed by the Administrator under such section 275 a.

until such time as the Administrator promulgates the standards in

final form.

(b) Mineral concentration evaluation; terms and conditions for

mineral recovery; payment of Federal and State share of net

profits; recovery costs; licenses

Prior to undertaking any remedial action at a designated site

pursuant to this subchapter, the Secretary shall request

expressions of interest from private parties regarding the

remilling of the residual radioactive materials and the site and,

upon receipt of any expression of interest, the Secretary shall

evaluate among other things the mineral concentration of the

residual radioactive materials at each designated processing site

to determine whether, as a part of any remedial action program,

recovery of such minerals is practicable. The Secretary, with the

concurrence of the Commission, may permit the recovery of such

minerals, under such terms and conditions as he may prescribe to

carry out the purposes of this subchapter. No such recovery shall

be permitted unless such recovery is consistent with remedial

action. Any person permitted by the Secretary to recover such

mineral shall pay to the Secretary a share of the net profits

derived from such recovery, as determined by the Secretary. Such

share shall not exceed the total amount paid by the Secretary for

carrying out remedial action at such designated site. After payment

of such share to the United States under this subsection, such

person shall pay to the State in which the residual radioactive

materials are located a share of the net profits derived from such

recovery, as determined by the Secretary. The person recovering

such minerals shall bear all costs of such recovery. Any person

carrying out mineral recovery activities under this paragraph shall

be required to obtain any necessary license under the Atomic Energy

Act of 1954 [42 U.S.C. 2011 et seq.] or under State law as

permitted under section 274 of such Act [42 U.S.C. 2021].

-SOURCE-

(Pub. L. 95-604, title I, Sec. 108, Nov. 8, 1978, 92 Stat. 3029;

Pub. L. 97-415, Sec. 18(b), Jan. 4, 1983, 96 Stat. 2078; Pub. L.

104-259, Sec. 4(b), Oct. 9, 1996, 110 Stat. 3174.)

-REFTEXT-

REFERENCES IN TEXT

Title II, referred to in subsec. (a)(1), is title II (Secs.

201-209) of Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3033, as

amended, which enacted sections 2022, 2113, and 2114 of this title,

amended sections 2014, 2021, 2111, and 2201 of this title, and

enacted provisions set out as notes under sections 2014, 2021, and

2113 of this title. For complete classification of title II to the

Code, see Tables.

The Atomic Energy Act of 1954, referred to in subsec. (b), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-259 inserted at end "Residual

radioactive material from a processing site designated under this

subchapter may be disposed of at a facility licensed under title II

under the administrative and technical requirements of such title.

Disposal of such material at such a site in accordance with such

requirements shall be considered to have been done in accordance

with the administrative and technical requirements of this

subchapter."

1983 - Subsec. (a)(2). Pub. L. 97-415, Sec. 18(b)(2), struck out

provision that no such remedial action could be undertaken under

this section before the promulgation by the Administrator of

general standards pursuant to section 275 a. of the Atomic Energy

Act of 1954.

Subsec. (a)(3). Pub. L. 97-415, Sec. 18(b)(1), added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7911, 7913, 7915 of this

title.

-End-

-CITE-

42 USC Sec. 7919 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7919. Rules

-STATUTE-

The Secretary may prescribe such rules consistent with the

purposes of this chapter as he deems appropriate pursuant to title

V of the Department of Energy Organization Act [42 U.S.C. 7191 et

seq.].

-SOURCE-

(Pub. L. 95-604, title I, Sec. 109, Nov. 8, 1978, 92 Stat. 3030.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Energy Organization Act, referred to in text,

is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended. Title V

of the Department of Energy Organization Act is classified

generally to subchapter V (Sec. 7191 et seq.) of chapter 84 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7101 of this title and

Tables.

-End-

-CITE-

42 USC Sec. 7920 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7920. Enforcement

-STATUTE-

(a) Civil penalty; appellate review; action to recover civil

penalty; sovereign immunity; equitable remedies

(1) Any person who violates any provision of this subchapter or

any cooperative agreement entered into pursuant to this subchapter

or any rule prescribed under this chapter concerning any designated

processing site, disposition site, or remedial action shall be

subject to an assessment by the Secretary of a civil penalty of not

more than $1,000 per day per violation. Such assessment shall be

made by order after notice and an opportunity for a public hearing,

pursuant to section 554 of title 5.

(2) Any person against whom a penalty is assessed under this

section may, within sixty calendar days after the date of the order

of the Secretary assessing such penalty, institute an action in the

United States court of appeals for the appropriate judicial circuit

for judicial review of such order in accordance with chapter 7 of

title 5. The court shall have jurisdiction to enter a judgment

affirming, modifying, or setting aside in whole or in part, the

order of the Secretary, or the court may remand the proceeding to

the Secretary for such further action as the court may direct.

(3) If any person fails to pay an assessment of a civil penalty

after it has become a final and unappealable order, the Secretary

shall institute an action to recover the amount of such penalty in

any appropriate district court of the United States. In such

action, the validity and appropriateness of such final assessment

order or judgment shall not be subject to review. Section 7172(d)

of this title shall not apply with respect to the functions of the

Secretary under this section.

(4) No civil penalty may be assessed against the United States or

any State or political subdivision of a State or any official or

employee of the foregoing.

(5) Nothing in this section shall prevent the Secretary from

enforcing any provision of this subchapter or any cooperative

agreement or any such rule by injunction or other equitable remedy.

(b) Atomic energy licensing requirements

Subsection (a) of this section shall not apply to any licensing

requirement under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et

seq.]. Such licensing requirements shall be enforced by the

Commission as provided in such Act.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 110, Nov. 8, 1978, 92 Stat. 3030.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (b), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

-End-

-CITE-

42 USC Sec. 7921 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7921. Public participation; public hearings

-STATUTE-

In carrying out the provisions of this subchapter, including the

designation of processing sites, establishing priorities for such

sites, the selection of remedial actions, and the execution of

cooperative agreements, the Secretary, the Administrator, and the

Commission shall encourage public participation and, where

appropriate, the Secretary shall hold public hearings relative to

such matters in the States where processing sites and disposal

sites are located.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 111, Nov. 8, 1978, 92 Stat. 3031.)

-End-

-CITE-

42 USC Sec. 7922 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7922. Termination of authority of Secretary

-STATUTE-

(a) Exceptions; "byproduct material" defined

(1) The authority of the Secretary to perform remedial action

under this subchapter shall terminate on September 30, 1998, except

that -

(A) the authority of the Secretary to perform groundwater

restoration activities under this subchapter is without

limitation, and

(B) the Secretary may continue operation of the disposal site

in Mesa County, Colorado (known as the Cheney disposal cell) for

receiving and disposing of residual radioactive material from

processing sites and of byproduct material from property in the

vicinity of the uranium milling site located in Monticello, Utah,

until the Cheney disposal cell has been filled to the capacity

for which it was designed, or September 30, 2023, whichever comes

first.

(2) For purposes of this subsection, the term "byproduct

material" has the meaning given that term in section 2014(e)(2) of

this title.

(b) Authorization of appropriations

The amounts authorized to be appropriated to carry out the

purposes of this subchapter by the Secretary, the Administrator,

the Commission, and the Secretary of the Interior shall not exceed

such amounts as are established in annual authorization Acts for

fiscal year 1979 and each fiscal year thereafter applicable to the

Department of Energy. Any sums appropriated for the purposes of

this subchapter shall be available until expended.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 112, Nov. 8, 1978, 92 Stat. 3031;

Pub. L. 100-616, Sec. 3, Nov. 5, 1988, 102 Stat. 3193; Pub. L.

102-486, title X, Sec. 1031, Oct. 24, 1992, 106 Stat. 2951; Pub. L.

104-259, Sec. 2, Oct. 9, 1996, 110 Stat. 3173.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-259 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

authority of the Secretary to perform remedial action under this

subchapter shall terminate on September 30, 1996, except that the

authority of the Secretary to perform groundwater restoration

activities under this subchapter is without limitation."

1992 - Subsec. (a). Pub. L. 102-486 substituted "1996" for

"1994".

1988 - Subsec. (a). Pub. L. 100-616 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

authority of the Secretary to perform remedial action under this

subchapter shall terminate on the date seven years after the date

of promulgation by the Administrator of general standards

applicable to such remedial action unless such termination date is

specifically extended by an Act of Congress enacted after November

8, 1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7912, 7942 of this title.

-End-

-CITE-

42 USC Sec. 7923 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7923. Limitation of contractual authority

-STATUTE-

The authority under this subchapter to enter into contracts or

other obligations requiring the United States to make outlays may

be exercised only to the extent provided in advance in annual

authorization and appropriation Acts.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 113, Nov. 8, 1978, 92 Stat. 3031.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7913, 7915 of this title.

-End-

-CITE-

42 USC Sec. 7924 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7924. Reports to Congress

-STATUTE-

(a) Information; consultations; separate official views; partial

report concerning uranium mill tailings provisions

Beginning on January 1, 1980, and each year thereafter until

January 1, 1986, the Secretary shall submit a report to the

Congress with respect to the status of the actions required to be

taken by the Secretary, the Commission, the Secretary of the

Interior, the Administrator, and the States and Indian tribes under

this chapter and any amendments to other laws made by this Act.

Each report shall -

(1) include data on the actual and estimated costs of the

program authorized by this subchapter;

(2) describe the extent of participation by the States and

Indian tribes in this program;

(3) evaluate the effectiveness of remedial actions, and

describe any problems associated with the performance of such

actions; and

(4) contain such other information as may be appropriate.

Such report shall be prepared in consultation with the Commission,

the Secretary of the Interior, and the Administrator and shall

contain their separate views, comments, and recommendations, if

any. The Commission shall submit to the Secretary and Congress such

portion of the report under this subsection as relates to the

authorities of the Commission under title II of this Act.

(b) Identification of sites; Federal agency jurisdiction; contents;

duplication prohibition; use and cooperation respecting other

Federal agency information

Not later than July 1, 1979, the Secretary shall provide a report

to the Congress which identifies all sites located on public or

acquired lands of the United States containing residual radioactive

materials and other raidoactive (!1) waste (other than waste

resulting from the production of electric energy) and specifies

which Federal agency has jurisdiction over such sites. The report

shall include the identity of property and other structures in the

vicinity of such site that are contaminated or may be contaminated

by such materials and the actions planned or taken to remove such

materials. The report shall describe in what manner such sites are

adequately stabilized and otherwise controlled to prevent radon

diffusion from such sites into the environment and other

environmental harm. If any site is not so stabilized or controlled,

the report shall describe the remedial actions planned for such

site and the time frame for performing such actions. In preparing

the reports under this section, the Secretary shall avoid

duplication of previous or ongoing studies and shall utilize all

information available from other departments and agencies of the

United States respecting the subject matter of such report. Such

agencies shall cooperate with the Secretary in the preparation of

such report and furnish such information as available to them and

necessary for such report.

(c) Uranium mine wastes hazards elimination program

Not later than January 1, 1980, the Administrator, in

consultation with the Commission, shall provide a report to the

Congress which identifies the location and potential health,

safety, and environmental hazards of uranium mine wastes together

with recommendations, if any, for a program to eliminate these

hazards.

(d) Reports to Congressional committees

Copies of the reports required by this section to be submitted to

the Congress shall be separately submitted to the Committees on

Interior and Insular Affairs and on Energy and Commerce of the

House of Representatives and the Committee on Energy and Natural

Resources of the Senate.

(e) Documentation of information; public availability; trade

secrets and other disclosure exempt information

The Commission, in cooperation with the Secretary, shall ensure

that any relevant information, other than trade secrets and other

proprietary information otherwise exempted from mandatory

disclosure under any other provision of law, obtained from the

conduct of each of the remedial actions authorized by this

subchapter and the subsequent perpetual care of those residual

radioactive materials is documented systematically, and made

publicly available conveniently for use.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 114, Nov. 8, 1978, 92 Stat. 3032; H.

Res. 549, Mar. 25, 1980.)

-REFTEXT-

REFERENCES IN TEXT

This chapter and this Act, referred to in subsec. (a), mean Pub.

L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as amended, known as the

Uranium Mill Tailings Radiation Control Act of 1978. For complete

classification of this Act to the Code, see Short Title note set

out under section 7901 of this title and Tables.

Title II of this Act, referred to in subsec. (a), is title II

(Secs. 201-209) of Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3033, as

amended, which enacted sections 2022, 2113, and 2114 of this title,

amended sections 2014, 2021, 2111, and 2201 of this title, and

enacted provisions set out as notes under sections 2014, 2021, and

2113 of this title. For complete classification of title II to the

Code, see Tables.

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

Committee on Interstate and Foreign Commerce of the House of

Representatives changed to Committee on Energy and Commerce

immediately prior to noon on Jan. 3, 1981, by House Resolution No.

549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and

Commerce of House of Representatives treated as referring to

Committee on Commerce of House of Representatives by section 1(a)

of Pub. L. 104-14, set out as a note preceding section 21 of Title

2. Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-FOOTNOTE-

(!1) So in original. Probably should be "radioactive".

-End-

-CITE-

42 USC Sec. 7925 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER I - REMEDIAL ACTION PROGRAM

-HEAD-

Sec. 7925. Active operations; liability for remedial action

-STATUTE-

(a) No amount may be expended under this subchapter with respect

to any site licensed by the Commission under the Atomic Energy Act

of 1954 [42 U.S.C. 2011 et seq.] or by a State as permitted under

section 274 of such Act [42 U.S.C. 2021] at which production of any

uranium product from ores (other than from residual radioactive

materials) takes place. This subsection does not prohibit the

disposal of residual radioactive material from a processing site

under this subchapter at a site licensed under title II or the

expenditure of funds under this subchapter for such disposal.

(b) In the case of each processing site designated under this

subchapter, the Attorney General shall conduct a study to determine

the identity and legal responsibility which any person (other than

the United States, a State, or Indian tribe) who owned or operated

or controlled (as determined by the Attorney General) such site

before November 8, 1978, may have under any law or rule of law for

reclamation or other remedial action with respect to such site. The

Attorney General shall publish the results of such study, and

provide copies thereof to the Congress, as promptly as practicable

following November 8, 1978. The Attorney General, based on such

study, shall, to the extent he deems it appropriate and in the

public interest, take such action under any provision of law in

effect when uranium was produced at such site to require payment by

such person of all or any part of the costs incurred by the United

States for such remedial action for which he determines such person

is liable.

-SOURCE-

(Pub. L. 95-604, title I, Sec. 115, Nov. 8, 1978, 92 Stat. 3033;

Pub. L. 104-259, Sec. 4(c), Oct. 9, 1996, 110 Stat. 3174.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (a), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2011 of this title and Tables.

Title II, referred to in subsec. (a), is title II (Secs. 201-209)

of Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3033, as amended, which

enacted sections 2022, 2113, 2114 of this title, amended sections

2014, 2021, 2111, and 2201 of this title, and enacted provisions

set out as notes under sections 2014, 2021, and 2113 of this title.

For complete classification of title II to the Code, see Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-259 inserted at end "This

subsection does not prohibit the disposal of residual radioactive

material from a processing site under this subchapter at a site

licensed under title II or the expenditure of funds under this

subchapter for such disposal."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7912, 7942 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL

TAILING SITES IN NEW MEXICO 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN

NEW MEXICO

-HEAD-

SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN

NEW MEXICO

-End-

-CITE-

42 USC Sec. 7941 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN

NEW MEXICO

-HEAD-

Sec. 7941. Study of authority for regulation and control of

residual radioactive materials at New Mexico sites for protection

of public health, safety, and the environment; report to Congress

and Secretary; basis for determination of inadequacy of

authority; interim regulation pending completion of study

-STATUTE-

The Commission, in consultation with the Attorney General and the

Attorney General of the State of New Mexico, shall conduct a study

to determine the extent and adequacy of the authority of the

Commission and the State of New Mexico to require, under the Atomic

Energy Act of 1954 (as amended by title II of this Act) [42 U.S.C.

2011 et seq.] or under State authority as permitted under section

274 of such Act [42 U.S.C. 2021] or under other provision of law,

the owners of the following active uranium mill sites to undertake

appropriate action to regulate and control all residual radioactive

materials at such sites to protect public health, safety, and the

environment: the former Homestake-New Mexico Partners site near

Milan, New Mexico, and the Anaconda carbonate process tailings site

near Bluewater, New Mexico. Such study shall be completed and a

report thereof submitted to the Congress and to the Secretary

within one year after November 8, 1978, together with such

recommendations as may be appropriate. If the Commission determines

that such authority is not adequate to regulate and control such

materials at such sites in the manner provided in the first

sentence of this section, the Commission shall include in the

report a statement of the basis for such determination. Nothing in

this chapter shall be construed to prevent or delay action by a

State as permitted under section 274 of the Atomic Energy Act of

1954 [42 U.S.C. 2021] or under any other provision of law or by the

Commission to regulate such residual radioactive materials at such

sites prior to completion of such study.

-SOURCE-

(Pub. L. 95-604, title III, Sec. 301, Nov. 8, 1978, 92 Stat. 3042.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in text, is act Aug.

1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,

68 Stat. 921, and amended, which is classified generally to chapter

23 (Sec. 2011 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2011 of this title and Tables.

Title II of this Act, referred to in text, is title II (Secs.

201-209) of Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3033, as

amended, which enacted sections 2022, 2113, 2114 of this title,

amended sections 2014, 2021, 2111, and 2201 of this title, and

enacted provisions set out as notes under sections 2014, 2021, and

2113 of this title. For complete classification of title II to the

Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7942 of this title.

-End-

-CITE-

42 USC Sec. 7942 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 88 - URANIUM MILL TAILINGS RADIATION CONTROL

SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN

NEW MEXICO

-HEAD-

Sec. 7942. Designation by Secretary as processing sites for

subchapter I purposes

-STATUTE-

(a) New Mexico cooperative agreement respecting certain residual

radioactive materials; submission to Congressional committees

Within ninety days from the date of his receipt of the report and

recommendations submitted by the Commission under section 7941 of

this title, notwithstanding the limitations contained in section

7911(6)(A) and in section 7925(a) of this title, if the Commission

determines, based on such study, that such sites cannot be

regulated and controlled by the State or the Commission in the

manner described in section 7941 of this title, the Secretary may

designate either or both of the sites referred to in section 7941

of this title as a processing site for purposes of subchapter I of

this chapter. Following such designation, the Secretary may enter

into cooperative agreements with New Mexico to perform remedial

action pursuant to such subchapter I concerning only the residual

radioactive materials at such site resulting from uranium produced

for sale to a Federal agency prior to January 1, 1971, under

contract with such agency. Any such designation shall be submitted

by the Secretary, together with his estimate of the cost of

carrying out such remedial action at the designated site, to the

Committee on Interior and Insular Affairs and the Committee on

Energy and Commerce of the House of Representatives and to the

Committee on Energy and Natural Resources of the Senate.

(b) Effective date

(1) (!1) No designation under subsection (a) of this section

shall take effect before the expiration of one hundred and twenty

calendar days (not including any day in which either House of

Congress is not in session because of an adjournment of more than

three calendar days to a day certain or an adjournment sine die)

after receipt by such Committees of such designation.

(c) Subchapter I provisions applicable

Except as otherwise specifically provided in subsection (a) of

this section, any remedial action under subchapter I of this

chapter with respect to any sites designated under this subchapter

shall be subject to the provisions of subchapter I of this chapter

(including the authorization of appropriations referred to in

section 7922(b) of this title).

-SOURCE-

(Pub. L. 95-604, title III, Sec. 302, Nov. 8, 1978, 92 Stat. 3042;

H. Res. 549, Mar. 25, 1980.)

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

Committee on Interstate and Foreign Commerce of the House of

Representatives changed to Committee on Energy and Commerce

immediately prior to noon on Jan. 3, 1981, by House Resolution No.

549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and

Commerce of House of Representatives treated as referring to

Committee on Commerce of House of Representatives by section 1(a)

of Pub. L. 104-14, set out as a note preceding section 21 of Title

2. Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9601 of this title.

-FOOTNOTE-

(!1) So in original. Subsec. (b) enacted without a par. (2).

-End-