-CITE-
    42 USC CHAPTER 88 - URANIUM MILL TAILINGS RADIATION
           CONTROL                                         01/02/2006

-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.            

-End-



-CITE-
    42 USC Sec. 7901                                            01/02/2006

-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               01/02/2006

-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              

-End-



-CITE-
    42 USC Sec. 7911                                            01/02/2006

-EXPCITE-
    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.

-End-



-CITE-
    42 USC Sec. 7912                                            01/02/2006

-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).

-End-



-CITE-
    42 USC Sec. 7913                                            01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 7914                                            01/02/2006

-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."

-End-



-CITE-
    42 USC Sec. 7915                                            01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 7916                                            01/02/2006

-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."

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


-End-



-CITE-
    42 USC Sec. 7917                                            01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 7918                                            01/02/2006

-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).

-End-



-CITE-
    42 USC Sec. 7919                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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."

-End-



-CITE-
    42 USC Sec. 7923                                            01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 7924                                            01/02/2006

-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                                            01/02/2006

-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."

-End-


-CITE-
    42 USC SUBCHAPTER II - STUDY AND DESIGNATION OF TWO MILL
           TAILING SITES IN NEW MEXICO                     01/02/2006

-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                                            01/02/2006

-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.

-End-



-CITE-
    42 USC Sec. 7942                                            01/02/2006

-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.

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


-End-