Uranium Mill Tailings Radiation Control Act
PL 95-604 (H.R.13650), enacted 11/08/1978

PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3021 
Public Law 95-604 
95th Congress 
An Act 
To authorize the Secretary of Energy to enter into cooperative agreements 
_ Nov. 8, 1978_ 
with certain States respecting residnal radioactive material at existing sites, 
[H.R. 13650] 
to provide for the regulation of uranium mill tailings under the Atomic Energy 
Act of 1954, and for other purposes. 
Be it enacted by the Senate and House of Bepresentatwes of the 
United States of America in Congress assembtedy 
Uranium Mill 
Tailings 
SHORT TITLE AND TABLE OP CONTENTS 
Radiation Control 
Act of 1978. 
SECTION 1. This Act may be cited as the "Uranium Mill Tailings 42 USC 7901 
Radiation Control Act of 1978". 
°o*«-
TABLE OF CONTENTS 
Seel, Short title and table of contents. 
Sec. 2. Findings and purposes. 
TITLE I—REMEDIAL ACTION PROGRAM 
Sec. 101. Definitions. 
Sec. 102. Designation of processing sites. 
Sec. 103. State cooperative agreements. 
Sec. 104. Acquisition and disposition of land and ntiaterials. 
Sec. 105. Indian tribe cooperative agreements. 
Sec. 106. Acquisition of lands by Secretary. 
Sec. 107. Financial assistance. 
Sec. 108. Remedial action. 
Sec. 109, Rules, 
Sec, 110, Enforcement. 
Sec. Ill, Public participation. 
Sec, 112, Termination; authorization. 
Sec, 113, Limitation, 
Sec, 114, Reports to Congress. 
Sec. 115, Active operations; liability for remedial action. 
TITLE II—URANIUM MILL TAILINGS LICENSING AND REGULATIONS 
Sec. 201. Definition, 
Sec, 202, Custody of disposal site. 
Sec, 203, Authority to establish certain requirements. 
Sec. 204, Cooperation with States, 
Sec. 205. Authorities of Commission respecting certain byproduct material. 
Sec. 206, Authority of Environmental Protection Agency respecting certain 
byproduct material. 
Sec, 207, Authorization of appropriations for grants. 
Sec, 208, Effective date. 
Sec, 209, Consolidation of licenses and procedures, 
IITLE III—STUDY AND DESIGNATION OF TWO MILL TAILINGS SITES 
IN NEW MEXICO 
Sec, 301, Study, 
Sec, 302, Designation by Secretary, 
FINDINGS AND PURPOSES 
SEC. 2. (a) The Congress finds that uranium mill tailings located at 42 USC 7901. 
active and inactive mill operations may pose a potential and signifi-
cant radiation health hazard to the public, and that the protection of 
92 STAT. 3022 
PUBLIC LAW 95-604—NOV. 8, 1978 
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 Act are to provide— 
(1) in cooperation with the interested States, Indian tribes, and 
the persons who own or control inactive mill tailings sites, a pro-
gram 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 ter-
mination of such operations in order to stabilize and control such 
tailings in a safe and environmentally sound manner and to mini-
mize or eliminate radiation health hazards to the public. 
TITLE I—REMEDIAL ACTION PROGRAM 
DEFINITIONS 
42 use 7911. 
SEC. 101. For purposes of this title— 
(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, part-
nership, 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 radio-
active materials at which all or substantially all of the ura-
nium 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, 
J, 
1978, or is thereafter owned or controlled, by any Federal 
agency, or 
(ii) a license (issued by the Commission or its pred-
42 use 2011 
ecessor agency under the Atomic Energy Act of 1954 
note. 
or by a State as permitted under section 274 of such Act) 
42 use 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— 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3023 
(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 title 
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 accord-
ance with section 108(b). 
(7) The term "residual radioactive material" means— 
(A) waste (which the Secretary determines to be radio- 
-' '•-
active) in the form of tailings resulting from the processing 
of ores for the extraction of uranium and other valuable con-
stituents of the ores; and 
» 
(B) other waste (which the Secretary determines to be 
radioactive) at a processing site which relate to such process-
ing, 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 of the United States Code. 
(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. 
DESIGNATION OF PROCESSING SITES 
SEC. 102. (a) (1) As soon as practicable, but no later than one year 42 USC 7912. 
after enactment of this Act, 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 
Amlbrosia Lake, New Mexico 
Riverton, Wyoming 
Converse County, Wyoming 
Lakeview, Oregon 
Falls City, Texas 
Tuba City, Arizona 
Monument Valley, Arizona 
, 
' 
. 
Lowman, Idaho 
> 
Cannonsburg, Pennsylvania 
92 STAT. 3024 
PUBLIC LAW 95-604—NOV. 8, 1978 
86 Stat. 222. 
Health hazard 
assessment. 
Remedial action. Subject to the provisions of this title, the Secretary shall complete 
remedial action at the above listed sites before his authority termi-
nates under this title. The Secretary shall within one year of the date 
of enactment of this Act also designate all other processing sites 
within the United States which he determines requires remedial 
action to carry out the purposes of this title. In making such designa-
tion, the Secretary shall consult with the Administrator, the Commis-
sion, 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 Sec-
retary, 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) Within one year from the date of the enactment of this Act, 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. 
Notification. 
(c) Within thirty days after making desi^ations 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) The desi^ations made, and priorities established, by the Sec-
retary under this section shall be final and not be subject to judicial 
review. 
(e) (1) The designation of processing sites within one year after 
enactment under this section shall include, to the maximum extent 
• 
practicable, the areas referred to in section 101(6)(B). 
(2) Notwithstanding the one year limitation contained in this sec-
tion, the Secretary may, after such one year period, include any area 
described in section 101 (6) (B) 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 title. 
STATE COOPERATIVE AGREEMENTS 
42 use 7913. 
SEC. 103. (a) After notifying a State of the designation referred 
to in section 102 of this title, the Secretary subject to section 113, 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 
105). 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 102. The Secre-
tary shall commence preparations for cooperative agreements with 
respect to each designated processing site as promptly as practicable 
following the designation of each site. 
Terms and 
(b) Each cooperative agreement under this section shall contain 
Conditions. 
such terms and conditions as the Secretary deems appropriate and 
consistent with the purposes of this Act, including, but not limited 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3025 
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 108. 
(c) (1) Except where the State is required to acquire the processing Written consent, 
site as provided in subsection (a) of section 104, each cooperative 
agreement with a State under section 103 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 process-
ing 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 Waiver, 
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) Each cooperative agreement under this section shall require 
the State to assure that the Secretary, the Commission, and the Admin-
istrator 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 104(b) (1) in furtherance of the provisions of this 
title and to carry out such agreement and enforce this Act and any 
rules prescribed under this Act. Such right of entry under this section 
or section 106 into an area described in section 101(6) (B) shall ter-
minate on completion of the remedial action, as determined by the 
Secretary. 
(e) Each agreement under this section shall take effect only upon 
the concurrence of the Commission with the terms and conditions 
thereof. 
(f) The Secretary may, in any cooperative agreement entered into 
under this section or section 105, 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 101(6) (B). 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 enactment of 
this Act, and unless the application for such reimbursement was 
filed by such owner within one year after an agreement under this 
section or section 105 is approved by the Secretary and the Com-
mission, and 
(2) the Secretary is satisfied that such action adequately 
achieves the purposes of this Act with respect to the site con-
cerned and is consistent with the standards established by the 
Administrator pursuant to section 275(a) of the Atomic Energy 
Act of 1954. 
Post, p. 3039. 
ACQUISITION AND DISPOSITION OF LANDS AND MATERIALS 
SEC. 104, (a) Each cooperative agreement under section 103 shall 42 USC 7914. 
require the State, where determined appropriate by the Secretary with 
the concurrence of the Commission, to acquire any designated process-
92 STAT. 3026 
PUBLIC LAW 95-604—NOV. 8, 1978 
Residual 
radioactive 
material, removal. 
Notification. 
Rules and 
regulations. 
ing site, including where appropriate any interest therein. In deter-
mining 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) (1) If the Secretary with the concurrence of the Commission 
determines that removal of residual radioactive material from a proc-
essing 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 sub-
section if a site located on land controlled by the Secretary or made 
available bv the Secretary of the Interior pursuant to section 106 
(a) (2) is designated by the Secretary, with the concurrence of the 
Commission, for such disposition and stabilization. 
(c) No State shall be required under subsection (a) or (b) to 
acquire any real property or improvement outside the boundaries of— 
(1) that portion of the processing site which is described in 
section 101(6) (A), and 
(2) the site used for disposition of the residual radioactive 
materials. 
(d) In the case of each processing site designated under this title 
other than a site designated on Indian land, the State shall take such 
action as may be necessary, and pursuant to regulations of the Secre-
tary 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 prospec-
tive purchaser before entering into a contract, option, or other arrange-
ment 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. 
(e) (1) The terms and conditions of any cooperative agreement with 
a State under section 103 shall provide that in the case of any lands 
or interests therein acquired by the State pursuant to subsection (a), 
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). 
No lands may be sold under subparagraph (A) without the consent 
of the Secretary and the Commission. No site may be sold under sub-
paragraph (A) or retained under subparagraph (B) if such site is 
used for the disposition of residual radioactive materials. 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3027 
(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) (1) Each agreement under section 103 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), 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 pur-
suant to this title. No payment shall be made in connection with the 
transfer of such property from funds appropriated for purposes of 
this Act 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 title, such property and minerals shall be main-
tained 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 prop-
erty 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 275(a) of the Atomic Energy Act of 1954. The Post, p. 3039. 
Secretary or such other Federal agency is authorized to carry out 
maintenance, monitoring and emergency measures under this subsec-
tion, 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 the date of enactment of this Act. The 
United States shall not transfer title to property or interest therein 
acquired under this subsection to any person or State, except as pro-
vided in subsection (h). 
(g) Each agreement under section 103 which permits any sale 
described in subsection (e) (1) (A) shall provide for the prompt reim-
bursement to the Secretary from the proceeds of such sale. Such reim-
bursement shall be in an amount equal to the lesser of— 
(1) that portion of the fair market value of the lands or inter-
ests 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 Fair market 
by the Secretary as of the date of the sale by the State. Any amounts value, 
received by the Secretan^ under this title shall be deposited in the 
Treasury of the United States as miscellaneous receipts. 
92 STAT. 3028 
PUBLIC LAW 95-604—NOV. 8, 1978 
(h) No provision of any agreement under section 103 shall prohibit 
the secretary of the Interior, with the concurrence of the Secre-
tary of Energy and the Commission, from disposing of any subsur-
face 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 radioac-
tive 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 Com-
mission, and that the costs of such restoration will be borne by the 
pei'son acquiring such rights from the Secretary of the Interior or from 
his successor or assign. 
INDIAN TRIBE COOPERATIVE AGREEMENTS 
42 use 7915. 
SEC. 105. (a) After notifying the Indian tribe of the designation 
pursuant to section 102 of this title, the Secretary, in consultation with 
the Secretary of the Interior, is authorized to enter into a cooperative 
agreement, subject to section 113, 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 prac-
ticable, enter into such agreements and carry out such remedial actions 
in accordance with the priorities established by him under section 102. 
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 Secretaiy shall make full use of 
any qualified members of Indian tribes resident in the vicinity of any 
Tenns and 
such site. Each such agreement shall contain such terms and conditions 
conditions. 
as the Secretary deems appropriate and consistent with the purposes 
of this Act. Such terms and conditions shall require the following: 
(1) The Indian tribe and any person holding any interest m 
such land shall execute a waiver (A) releasing the United States 
of any liability or claim thereof by such tribe or person concern-
ing such remedial action and (B) holding the United States harm-
less 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 108 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 title, to carry out such agreement, and 
to enforce any rules prescribed under this Act. 
Each agreement under this section shall take effect only upon concur-
rence of the Commission with the terms and conditions thereof. 
(b) When the Secretary with the concurrence of the Commission 
determines removal of residual radioactive materials from a process-
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3029 
ing site on lands described in subsection (a) 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 104(f) (2) and (h). 
Transfer to 
Secretary of the 
Interior. 
ACQUISITION o r LAND BY SECRETARY 
SEC. 106. Where necessary or appropriate in order to consolidate in 42 USC 7916. 
a safe and environmentally sound manner the location of residual 
radioactive materials which are removed from processing sites under 
cooperative agreements under this title, 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 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 sub- Consultation, 
section 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 title or (2) active uranium mill operation, unless the Sec-
retary 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 Act without the concurrence 
of the chief administrative officer of such agency. 
FINANCIAL ASSISTANCE 
SEC. 107. (a) In the case of any designated processing site for which 42 USC 7917. 
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 103 of this title, and the State shall pay the remain- 
:;•> 
der 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 title, except the proportionate share of the administrative 
costs associated with the acquisition of lands and interests therein 
acquired by the State pursuant to this title. 
{h) In the case of any designated processing site located on Indian 
lands, the Secretary shall pay the entire cost of such remedial action. 
REMEDIAL ACTION 
SEC. 108. (a) (1) The Secretary or such person as he may designate 42 USC 7918. 
shall select and perform remedial actions at designated processing sites 
and disposal sites in accordance with the general standards prescribed 
92 STAT. 3030 
PUBLIC LAW 95-604—NOV. 8, 1978 
Post, p. 3039. 
Evaluation. 
42 use 2011 
note. 
42 use 2021. 
42 use 7919. 
42 use 7191. 
by the Administrator pursuant to section 275 a. of the Atomic Energy 
Act of 1954. 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 con-
currence of the Commission and in consultation, as appropriate, with 
the Indian tribe and the Secretary of the Interior. 
(2) The Secretary shall use technology in performing such remedial 
action as will insure compliance with the general standards promul-
gated by the Administrator under section 275 a. of the Atomic Energy 
Act of 1954 and will assure the safe and environmentally sound 
stabilization of residual radioactive materials, consistent with exist-
ing law. No such remedial action may be undertaken under this section 
before the promulgation by the Administrator of such standards. 
(b) Prior to undertaking any remedial action at a designated site 
pursuant to this title, the Secretary shall request expressions of inter-
est from private parties regarding the remilling of the residual radio-
active materials at 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 title. 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 para-
graph shall be required to obtain any necessary license under the 
Atomic Energy Act of 1954 or under State law as permitted under 
section 274 of such Act. 
RULES 
SEC. 109. The Secretary may prescribe such rules consistent with 
the purposes of this Act as he deems appropriate pursuant to title V 
of the Department of Energy Organization Act. 
ENFORCEMENT 
42 use 7920. 
SEC. 110. (a)(1) Any person who violates any provision of this 
title or any cooperative agreement entered into pursuant to this title 
or any rule prescribed under this Act concerning any designated proc-
essing 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 
Notice, hearing 
per day per violation. Such assessment shall be made by order after 
opportunity. 
notice and an opportunity for a public hearing, pursuant to section 
554 of title 5, United States Code. 
(2) Any person against whom a penalty is assessed under this sec-
tion may, within sixty calendar days after the date of the order of 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3031 
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, United 
States Code. The court shall have jurisdiction to enter a judgment 5 USC 500 et seq. 
affirming, modifying, or setting aside in whole or in part, the order of Jurisdiction, 
the Secretary, or the court may remand the proceeding to the Secre-
tary 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 appro-
priate 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 402(d) of the Department of Energy 
Organization Act shall not apply with respect to the functions of the 42 USC 7172. 
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 enforc-
ing any provision of this title or any cooperative agreement or any 
such rule by injunction or other equitable remedy. 
(b) Subsection (a) shall not apply to any licensing requirement 
under the Atomic Energy Act of 1954. Such licensing requirements 42 U
S
C 2011 
shall be enforced by the Commission as provided in such Act. 
note. 
PUBLIC PARTICIPATION 
SEC. 111. In carrying out the provisions of this title, including the 42 USC 7921. 
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 Sec-
retary shall hold j)ublic hearings relative to such matters in the States 
where processing sites and disposal sites are located. 
TERMINATION; AUTHORIZATION 
SEC. 112. (a) The authority of the Secretary to perform remedial 42 USC 7922. 
action under this title 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 the date of 
enactment of this Act. 
(b) The amounts authorized to be appropriated to carry out the 
" 
i 
purposes of this title by the Secretary, the Administrator, the Com-
mission, and the Secretary of the Interior shall not exceed such 
amounts as are established m 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 title shall 
be available until expended. 
LIMITATION 
SEC. 113. The authority under this title to enter into contracts or 42 USC 7923. 
other obligations requiring the United States to make outlays may 
92 STAT. 3032 
PUBLIC LAW 95-604—NOV. 8, 1978 
be exercised only to the extent provided in advance in annual author-
ization and appropriation Acts. 
REPORTS TO CONGRESS 
42 use 7924. 
SEC. 114. (a) Beginning on January 1,1980, and each year thereafter 
until January 1,1986, the Secretary shall submit a report to the Con-
gress with respect to the status of the actions required to be taken by the 
Secretary, the Commission, the Secretary of the Interior, the Adminis-
trator, and the States and Indian tribes under this Act and any amend-
ments to other laws made by this Act. Each report shall— 
(1) include data on the actual and estimated costs of the pro-
gram authorized by this title; 
(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) 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 waste (other than waste resulting from the pro-
duction 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 infor-
mation available from other departments and agencies of the United 
Cooperation. 
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) Not later than January 1,1980, the Administrator, in consulta-
tion 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) 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 Interstate and Foreign Commerce 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3033 
of the House of Eepresentatives and the Committee on Energy and 
Natural Resources of the Senate. 
(e) 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 dis-
closure under any other provision of law, obtained from the conduct 
of each of the remedial actions authorized by this title and the sub-
sequent perpetual care of those residual radioactive materials is docu-
mented systematically, and made publicly available conveniently for 
use. 
ACTIVE OPERATIONS; LIABILITY FOR REMEDIAL ACTION 
SEC. 115. (a) No amount may be expended under this title with 42 USC 7925. 
respect to any site licensed by the Commission under the Atomic 
Energy Act of 1954 or by a State as permitted under section 274 of 42 USC 2011 
such Act at which production of any uranium product from ores note, 
(other than from residual radioactive materials) takes place. 
^^ USC 2021. 
(b) In the case of each processing site designated under this title, Study, 
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 the date of 
the enactment of this Act 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 
the date of the enactment of this Act. 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. 
TITLE II—URANIUM MILL TAILINGS LICENSING AND 
REGULATION DEFINITION 
SEC. 201. Section lie. of the Atomic Energy Act of 1954, is amended 
42 USC 2014. 
to read as follows: 
"e. The term 'byproduct material' means (1) any radioactive mate- "Byproduct 
rial (except special nuclear material) yielded in or made radioactive material." 
by exposure to the radiation incident to the process of producing or 
utilizing special nuclear material, and (2) the tailings or wastes 
produced by the extraction or concentration of uranium or thorium 
from any ore processed primarily for its source material content." 
CUSTODY OP DISPOSAL SITE 
SEC. 202. (a) Chapter 8 of the Atomic Energy Act of 1954, is 
amended by adding the following new section at the end thereof: 
"SEC. 83. OWNERSHIP AND CUSTODY or CERTAIN BYPRODUCT MATE- 
42 USC 2113. 
RIAL AND DISPOSAL SITES.— 
"a. Any license issued or renewed after the effective date of this 
section under section 62 or section 81 for any activity which results 42 USC 2002, 
in the production of any byproduct material, as defined in section lie. 2111. 
Supra. 
.•i!»-l!)4 O—80—pt. :i 
2(i : QL:i 
92 STAT. 3034 
PUBLIC LAW 95-604—NOV. 8, 1978 
(2), shall contain such terms and conditions as the Commission deter-
mines to be necessarj' to assure that, prior to termination of such 
license— 
"(1) the licensee will comply with decontamination, decommis-
sioning, and reclamation standards prescribed by the Commission 
for sites (A) at which ores were processed primarily for their 
source material content and (B) at which such byproduct material 
is deposited, and 
"(2) ownership of any byproduct material, as defined in sec-
Ante, p. 3033. 
tion 11 e. (2), which resulted from such licensed activity shall 
be transferred to (A) the United States or (B) in the State in 
which such activity occurred if such State exercises the option 
-'^^ 
under subsection b. (1) to acquire land used for the disposal of 
byproduct material. 
Any license in effect on the date of the enactment of this section shall 
either contain such terms and conditions on renewal thereof after the 
effective date of this section, or comply with paragraphs (1) and (2) 
upon the termination of such license, whichever first occurs. 
Rule, regulation 
"(b) (1) (A) The Commission shall require by rule, regulation, or 
or order. 
order that prior to the termination of any license which is issued after 
the effective date of this section, title to the land, including any inter-
ests therein (other than land owned by the United States or by a 
State) which is used for the disposal of any byproduct material, as 
defined by section 11 e. (2), pursuant to such license shall be trans-
ferred to— 
"(A) the United States, or 
"(B) the State in which such land is located, at the option of 
such State. 
"(2) Unless the Commission determines prior to such termination 
that transfer of title to such land and such byproduct material is not 
necessary or desirable to protect the public health, safety, or welfare 
or to minimize or eliminate danger to life or property. Such deter-
mination shall be made in accordance with section 181 of this Act. 
Notwithstanding any other provision of law or any such determina-
tion, such property and materials shall be maintained pursuant to a 
license issued by the Commission pursuant to section 84(b) in such 
manner as will protect the public health, safety, and the environment. 
"(B) If the Commission determines by order that use of the surface 
or subsurface estates, or both, of the land transferred to the United 
States or to a State under subparagraph (A) would not endanger the 
public health, safety, welfare, or environment, the Commission, pur-
suant to such regulations as it may prescribe, shall permit the use of 
the surface or subsurface estates, or both, of such land in a manner 
consistent witli the provisions of this section. If the Commission 
permits such use of such land, it shall provide the person who trans-
ferred such land with the right of first refusal with respect to such 
use of such land. 
"(2) If transfer to the United States of title to such byproduct 
material and such land is required under this section, the Secretary 
of Energy or any Federal agency designated by the President shall, 
following the Commission's determination of compliance under sub-
section c, assume title and custody of such byproduct material and 
; 
• 
land transferred as provided in this subsection. Such Secretary or 
Federal agency shall maintain such material and land in such manner 
as will protect the public health and safety and the environment. Such 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3035 
custody may be transferred to another officer or instrumentality of 
the United States only upon approval of the President. 
"(3) If transfer to a State of title to such byproduct material is 
required in accordance with this subsection, such State shall, following 
the Commission's determination of compliance under subsection d., 
assume title and custody of such byproduct material and land trans-
ferred as provided in this subsection. Such State shall maintain such 
material and land in such manner as will protect the public health, 
safety, and the environment. 
"(4) In the case of any such license under section 62, which was 42 USC 2092. 
in effect on the effective date of this section, the Commission may 
require, before the termination of such license, such transfer of land 
and interests therein (as described in paragraph (1) of this sub-
section) to the United States or a State in which such land is located, 
. 
at the option of such State, as may be necessary to protect the public 
" 
health, welfare, and the environment from any effects associated with 
such byproduct material. In exercising the authority of this para-
graph, the Commission shall take into consideration the status of the 
ownership of such land and interests therein and the ability of the 
licensee to transfer title and custody thereof to the United States or 
. 
a State. 
" (5) The Commission may, pursuant to a license, or by rule or order, 
require the Secretary or other Federal agency or State having cus-
tody of such property and materials to undertake such monitoring, 
maintenance, and emergency measures as are necessary to protect the 
public health and safety and such other actions as the Commission 
deems necessary to comply with the standards promulgated pursuant 
to section 84 of this Act. The Secretary or such other Federal agency Post, p. 3039. 
is authorized to carry out maintenance, monitoring, and emergency 
measures, but shall take no other action pursuant to such license, rule 
or order, with respect to such property and materials unless expressly 
authorized by Congress after the date of enactment of this Act. 
" (6) The transfer of title to land or byproduct materials, as defined 
in section lie. (2), to a State or the United States pursuant to this sub- Ante, p. 3033. 
section shall not relieve any licensee of liability for any fraudulent 
or negligent acts done prior to such transfer. 
" (7) Material and land transferred to the United States or a State 
in accordance with this subsection shall be transferred without cost 
to the United States or a State (other than administrative and legal 
costs incurred in carrying out such transfer). Subject to the provi-
sions of paragraph (1) (B) of this subsection, the United States or a 
State shall not transfer title to material or property acquired under 
this subsection to any person, unless such transfer is in the same man-
ner as provided under section 104(h) of the Uranium Mill Tailings 
Radiation Control Act of 1978. 
^«fe, p. 3025. 
"(8) The provisions of this subsection respecting transfer of title 
and custody to land shall not apply in the case of lands held in trust 
by the United States for any Indian tribe or lands owned by such 
Indian tribe subject to a restriction against alienation imposed by 
the United States. In the case of such lands which are used for the dis-
posal of byproduct material, as defined in section 11 e. (2), the licensee 
shall be required to enter into such arrangements with the Commission 
as may be appropriate to assure the long-term maintenance and moni-
toring of such lands b j the United States. 
"c. Upon termination on any license to which this section applies, 
. 
the Commission shall determine whether or not the licensee has com-
92 STAT. 3036 
PUBLIC LAW 95-604—NOV. 8, 1978 
j)lied with all applicable standards and requirements under such 
license.". 
Effective date. 
(b) This section shall be effective three years after the enactment 
42 use 2113 
of this Act. 
note. 
(c) The table of contents for chapter 8 of the Atomic Energy Act 
of 1954, is amended by inserting the following new item after the 
item relating to section 82: 
"Sec. 83. Ownership and custody of certain byproduct material and disposal 
sites.". 
AUTHORITY TO ESTABLISH CERTAIN 
REQUIREMENTS 
42 use 2201. 
SEC. 203. Section 161 of the Atomic Energy Act of 1954, is 
amended by adding the following new subsection at the end thereof: 
"x. Establish by rule, regulation, or order, after public notice, and 
42 use 2231. 
in accordance with the requirements of section 181 of this Act, such 
standards and instructions as the Commission may deem necessary or 
desirable to ensure— 
"(1) that an adequate bond, surety, or other financial arrange-
ment (as determined by the Commission) will be provided, 
before termination of any license for byproduct material as 
Ante, p. 3033. 
defined in section 11 e. (2), by a licensee to permit the completion 
of all requirements established by the Commission for the decon-
tamination, decommissioning, and reclamation of sites, structures, 
and equipment used in conjunction with byproduct material as so 
defined, and 
"(2)that--
"(A) in the case of any such license issued or renewed after 
the date of the enactment of this subsection, the need for long 
term maintenance and monitoring of such sites, structures 
and equipment after termination of such license will be 
minimized 
and, to the maximum extent 
practicable, 
eliminated; and 
" fB) in the case of each license for such material (whether 
in effect on the date of the enactment of this section or issued 
or renewed thereafter), if the Commission determines that any 
such long-term maintenance and monitoring is necessary, the 
licensee, before termination of any license for byproduct 
material as defined in section 11 e. (2), will make available 
such bonding, surety, or other financial arrangements as may 
be necessary to assure such long-term maintenance and 
monitoring. 
Such standards and instructions promulgated by the Commission pur-
suant to this subsection shall take into account, as determined by the 
Commission, so as to avoid unnecessary duplication and expense, per-
formance bonds or other financial arrangements which are required by 
other Federal agencies or State agencies and/or other local govern-
ing bodies for such decommissioning, decontamination, and reclama-
tion and long-term maintenance and monitoring except that nothing 
in this paragraph shall be construed to require that the Commission 
accept such bonds or arrangements if the Commission determines that 
such bonds or arrangements are not adequate to carry out subpara-
graphs (1) and (2) of this subsection.". 
COOPERATION WITH STATES 
42 use 2021. 
SEC. 204. (a) Section 274 b. of the Atomic Energy Act of 1954, is 
amended by adding "as defined in section 11 e. (1)" after the words 
PUBLIC LAW 95-604^NOV. 8, 1978 
92 STAT. 3037 
"byproduct materials" in paragraph (1) by renumbering paragraphs 
(2) and (3) as paragraphs (3) and (4); and by inserting the follow-
ing new paragraph immediately after paragraj)h (1): 
"(2) byproduct materials as defined in section 11 e. (2);". Ante, p. 3033. 
(b) Section 274 d. (2) of such Act is amended by inserting the fol- 42 USC 2021. 
lowing before the word "compatible": "in accordance with the 
requirements of subsection o. and in all other respects". 
(c) Section 274 n. of such Act is amended by adding the following 
new sentence at the end thereof: "As used in this section, the term "Agreement." 
'agreement' includes any amendment to any agreement.". 
(d) Section 274 j . of such Act is amended— 
(1) by inserting "all or part of" after "suspend"; 
(2) by inserting " (1)" after "finds that"; and 
(3) by adding at the end before the period the following: ", 
or (2) the State has not coinplied with one or more of the require-
ments of this section. The Commission shall periodically review Review, 
such agreements and actions taken by the States under the agree-
ments to ensure compliance with the provisions of this section.". 
(e) (1) Section 274 of such Act is amended by adding the following 
new subsection at the end thereof: 
"o. In the licensing and regulation of byproduct material, as defined 
in section 11 e. (2) of this Act, or of any activity which results in 
the production of byproduct material as so defined under an agreement 
entered into pursuant to subsection b., a State shall require— 
"(1) compliance with the requirements of subsection b. of sec-
tion 83 (respecting ownership of byproduct material and land), 
and 
r 
"(2) compliance with standards which shall be adopted by the 
State for the protection of the public health, safety, and the 
environment from hazards associated with such material which 
are equivalent, to the extent practicable, or more stringent than, 
standards adopted and enforced by the Commission for the same 
purpose, including requirements and standards promulgated by 
the Commission and the Administrator of the Environmental 
Protection Agency pursuant to sections 83, 84, and 275, and 
Ante, p. 3033. 
"(3) procedures which— 
Post, p. 3039. 
"(A) in the case of licenses, provide procedures under 
State law which include— 
"(i) an opportunity, after public notice, for written 
comments and a public hearing, with a transcript, 
"(ii) an opportunity for cross examination, and 
"^iii) a written determination which is based upon 
findmgs included in such determination and upon the 
evidence presented during the public comment period 
and which is subject to judicial review; 
"(B) in the case of rulemaking, provide an opportunity 
for public participation through written comments or a pub-
lic hearing and provide for judicial review of the rule; 
"(C) require for each license which has a significant impact 
on the human environment a written analysis (which shall 
be available to the public before the commencement of any 
such proceedings) of the impact of such license, including 
any activities conducted pursuant thereto, on the environ-
ment, which analysis shall include— 
92 STAT. 3038 
PUBLIC LAW 95-604—NOV. 8, 1978 
< 
"(i) an assessment of the radiological and nonradio-
logical impacts to the public health of the activities to 
be conducted pursuant to such license; 
"(ii) an assessment of any impact on any waterway 
-' •
•
*
- 
and groundwater resulting from such activities; 
"(iii) consideration of alternatives, including alter-
native sites and engineering methods, to the activities to 
be conducted pursuant to such license; and 
- '*' 
"(iv) consideration of the long-term impacts, includ-
ing decommissioning, decontamination, and reclamation 
impacts, associated with activities to be conducted pur-
suant to such license, including the management of any 
byproduct material, as defined by section 11 e. (2) ; and 
"(D) prohibit any major construction activity with respect 
to such material prior to complying with the provisions of 
subparagraph (C). 
If any State under such agreement imposes upon any licensee any 
requirement for the payment of funds to such State for the reclama-
tion or long-term maintenance and monitoring of such material, and 
if transfer to the United States of such material is required in accord-
Ante, p. 3033. 
ance with section 83 b. of this Act, such agreement shall be amended 
by the Commission to provide that such State shall transfer to the 
United States upon termination of the license issued to such licensee 
the total amount collected by such State from such licensee for such 
purpose. If such payments are required, they must be sufficient to 
ensure compliance with the standards established by the Commission 
42 use 2201. 
pursuant to section 161 x. of this Act. No State shall be required under 
paragraph (3) to conduct proceedings concerning any license or 
regulation which would duplicate proceedings conducted by the 
Commission.". 
42 use 2021. 
(f) Section 274 c. of such Act is amended by inserting the follow-
ing new sentence after paragraph (4) thereof: "The Commission shall 
also retain authority under any such agreement to make a determina-
tion that all applicable standards and requirements have been met 
prior to termination of a license for byproduct material, as defined 
Ante, p. 3033. 
in section 11 e. (2).". 
42 use 2021 
(g) Nothing in any amendment made by this section shall preclude 
note. 
any State from exercising any other authority as permitted under the 
Atomic Energy Act of 1954 respecting any byproduct material, as 
defined in section 11 e. (2) of the Atomic Energy Act of 1954. 
42 use 2021 
(h) (1) On or before the date three years after the date of the enact-
note. 
ment of this Act, notwithstanding any amendment made by this title, 
any State may exercise any authority under State law respecting 
byproduct material, as defined in section 11 e. (2) of the Atomic 
Energy Act of 1954, in the same manner, and to the same extent, as 
permitted before the enactment of this Act. 
(2) An agreement entered into with any State as permitted under 
section 274 of the Atomic Energy Act of 1954 with respect to byprod-
uct material as defined in section 11 e. (2) of such Act, may be 
entered into at any time after the date of the enactment of this Act 
but no such agreement may take effect before the date three years after 
the date of the enactment of this Act. 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3039 
AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPRODUCT MATERIAL 
SEC. 205. (a) Chapter 8 of the Atomic Energy Act of 1954, is 
amended by adding the following new section at the end thereof: 
"SEC. 84. AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPROD- 
42 USC 
2114, 
DUCT M A T E R I A L . — 
"a. The Commission shall insure that the management of any 
byproduct material, as defined in section l i e . (2), is carried out in such 42 USC 2014. 
manner as— 
"(1) the Commission deems appropriate to protect the public 
: r 
health and safety and the environment from radiological and non-
radiological hazards associated with the processing and with the 
possession and transfer of such material, 
"(2) conforms with applicable general standards promulgated 
by the Administrator of the Environmental Protection Agency 
under section 275, and 
Infra. 
"(3) conforms to general requirements established by the Com-
mission, with the concurrence of the Administrator, which are, 
,. 
to the maximum extent practicable, at least comparable to 
requirements applicable to the possession, transfer, and disposal 
of similar hazardous material regulated by the Administrator 
under the Solid Waste Disposal Act, as amended. 
42 USC 6901 
"b. In carrying out its authority under this section, the Commission note, 
is authorized t o — 
R"le, regulation 
"(1) by rule, regulation, or order require persons, officers, or order, 
or instrumentalities exempted from licensing under section 81 
of this Act to conduct monitoring, perform remedial work, and to 42 USC 2111. 
comply with such other measures as it may deem necessary or 
desirable to protect health or to minimize danger to life or prop-
erty, and in connection with the disposal or storage of such 
byproduct material; and 
"(2) make such studies and inspections and to conduct such 
monitoring as may be necessary. 
Any violation by any person other than the United States or any Civil penalty, 
officer or employee of the United States or a State of any rule, regula-
tion, or order or licensing provision, of the Commission established 
under this section or section 83 shall be subject to a civil penalty in Ante, p. 3033. 
the same manner and in the same amount as violations subject to a 
civil penalty under section 234. Nothing in this section affects any 
42 USC 2282. 
authority of the Commission under any other provision of this Act.". 
(b) The first sentence of section 81 of the Atomic Energy Act of 
42 USC 2111. 
1954, is amended to read as follows: "No person may transfer or 
receive in interstate commerce, manufacture, 
produce, 
transfer, 
acquire, own, possess, import, or export any byproduct material, 
except to the extent authorized by this section, section 82 or section 84.". 42 USC 2112. 
(c) The table of contents for such chapter 8 is amended by insert- Supra. 
ing the following new item after the item relating to section 83: 
"Sec. 84. Authorities of Commission respecting certain byproduct material.". 
AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY RESPECTING CERTAIN 
BYPRODUCT MATERIAL 
SEC. 206. (a) Chapter 19 of the Atomic Energy Act of 1954, is 
amended by inserting after section 274 the following new section: 
"SEC. 275. 
HEALTH AND ENVIRONMENTAL STANDARDS FOR URANIUM 
42 USC 2022. 
M I L L TAILINGS.— 
92 STAT. 3040 
PUBLIC LAW 95-604—NOV. 8, 1978 
Ride. 
Ante, p. 3025. 
Ante, p. 3022. 
42 use 6901 
note. 
Role. 
r 
Ante, p. 3033. 
42 use 6921. 
Ante, p. 3036. 
Publication in 
Federal Register. 
Notice, hearing 
opportunity. 
Consultation. 
Judicial review. 
"a. As soon as practicable, but not later than one year after the date 
of enactment of this section, the Administrator of the Environ-
mental Protection Agency (hereinafter referred to in this section as 
the 'Administrator') shall, by rule, promulgate standards of general 
application (including standards applicable to licenses under section 
104(h) of the Uranium Mill Tailings Kadiation Control Act of 1978) 
for the protection of the public health, safety, and the environment 
from radiological and nonradiological hazards associated with resid-
ual radioactive materials (as defined in section 101 of the Uranium 
Mill Tailings Radiation Control Act of 1978) located at inactive 
uranium mul tailings sites and depository sites for such materials 
selected by the Secretary of Energy, pursuant to title I of the Ura-
nium Mill Tailings Radiation Control Act of 1978. Standards pro-
mulgated pursuant to this subsection shall, to the maximum extent 
practicable, be consistent with the recjuirements of the Solid Waste 
Disposal Act, as amended. The Administrator may periodically revise 
any standard promulgated pursuant to this subsection. 
"b. (1) As soon as practicable, but not later than eighteen months 
after the enactment of this section, the Administrator shall, by rule, 
promulgate standards of general application for the protection of the 
public health, safety, and the environment from radiological and non-
radiological hazards associated with the processing and with the pos-
session, transfer, and disposal of byproduct material, as defined in 
section 11 e. (2) of this Act, at sites at which ores are processed pri-
marily for their source material content or which are used for the 
disposal of such byproduct naterial. 
"(2) Such generally applicable standards promulgated pursuant to 
this subsection for nonradiological hazards shall provide for the pro-
tection of human health and the environment consistent with the 
standards required under subtitle C of the Solid Waste Disposal Act, 
as amended, which are applicable to such hazards: Provided, however, 
That no permit issued by the Administrator is required under this 
Act or the Solid Waste Disposal Act, as amended, for the processing, 
possession, transfer, or disposal of byproduct material, as defined in 
section 11 e. (2) of this Act. The Administrator may periodically 
revise any standard promulgated pursuant to this subsection. Within 
three years after such revision of any such standard, the Commission 
and any State permitted to exercise authority under section 274 b. (2) 
shall apply such revised standard in the case of any license for 
byproduct material as defined in section 11 e. (2) or any revision 
thereof. 
"c. (1) Before the promulgation of any rule pursuant to this section, 
the Administrator shall publish the proposed rule in the Federal 
Register, together with a statement of the research, analysis, and other 
available information in support of such proposed rule, and provide 
a period of public comment of at least thirty days for written com-
ments thereon and an opportunity, after such comment period and 
after public notice, for any interested person to present oral data, 
views, and arguments at a public hearing. There shall be a transcript 
of any such hearing. The Administrator shall consult with the Com-
mission and the Secretary of Energy before promulgation of any such 
rule. 
"(2) Judicial review of any rule promulgated under this section 
may be obtained by any interested person only upon such person filing 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3041 
a petition for review within sixty days after such promulgation in the 
United States court of appeals for the Federal judicial circuit in which 
such person resides or has his principal place of business. A copy of 
the petition shall be forthwith transmitted by the clerk of court to the 
Administrator. The Administrator thereupon shall file in the court the 
written submissions to, and transcript of, the written or oral proceed-
ings on which such rule was based as provided in section 2112 of title 
28, United States Code. The court shall have jurisdiction to review 
the rule in accordance with chapter 7 of title 5, United States Code, 5 USC 701 et seq. 
and to grant appropriate relief as provided in such chapter. The 
judgment of the court affirming, modifying, or setting aside, in whole 
or in part, any such rule shall be final, subject to judicial review by 
the Supreme Court of the United States upon certiorari or certifica-
tion as provided in section 1254 of title 28, United States Code. 
"(3) Any rule promulgated under this section shall not take effect 
earlier than sixty calendar days after such promulgation. 
"d. Implementation and enforcement of the standards promulgated 
pursuant to subsection b. of this section shall be the responsibility of 
the Commission in the conduct of its licensing activities under this Act. 
States exercising authority pursuant to section 274 b. (2) of this Act 42 USC 2021. 
shall implement and enforce such standards in accordance with sub-
secton o. of such section. 
"e. Nothing in this Act applicable to byproduct material, as defined 
in section lie. (2) of this Act, shall affect the authority of tlie Adminis- ^«'e, p. 3033. 
trator under the Clean Air Act of 1970, as amended, or the Federal 42 USC 7401 
Water Pollution Control Act, as amended.". 
note. 
(b) The table of contents for chapter 19 of the Atomic Energy Act ^^ USC 1251 
is amended by inserting the following new item after the item relat- 
^^^ITQ^ <.(.-. O 
ing to section 274: 
^'^ ^^^ "^"^^ '^ 
° 
seq. 
"Sec. 275. Health and environmental standards for uranium mill tailiijgs.". 
AUTHORIZATION OF APPROPRIATION" FOR GRANTS 
SEC. 207. There is hereby authorized to be appropriated for fiscal 
year 1980 to the Nuclear Kegulatory Commission not to exceed $500,000 
to be used for making grants to States which have entered into agree-
ments with the Commission under section 274 of the Atomic Energy 
Act of 1954, to aid in the development of State regulatory programs 
under such section which implement the provisions of this Act. 
EFFECTIVE DATE 
SEC. 208. Except as otherwise provided in this title the amendments 42 USC 2014 
made by this title shall take effect on the date of the enactment of note, 
this Act. 
CONSOLIDATION OF LICENSES AND PROCEDURES 
SEC. 209. The Nuclear Kegulatory Commission shall consolidate, to 42 USC 2113 
the maximum extent practicable, licenses and licensing procedures note, 
under amendments made by this title with licenses and licensing 
procedures under other authorities contained in the Atomic Energy 
Act of 1954. 
42 USC 2011 
note. 
92 STAT. 3042 
PUBLIC LAW 95-604—NOV. 8, 1978 
TITLE III—STUDY AND DESIGNATIONS^ OF TWO MILL 
TAILINGS SITES IN NEW MEXICO 
42 use 7941. 
42 use 2021. 
Report to 
eongress. 
42 use 7942. 
Submittal to 
congressional 
committees. 
• 
r' -••: 
' 
STUDY 
SEC. 301. The Commission, in consultation with the Attorney Gen-
eral and the Attorney General of the State of New Mexico, shall con-
duct 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) or 
under State authority as permitted under section 274 of such Act 
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 Con-
gress and to the Secretary within one year after enactment of this 
Act, 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 pro-
vided 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 Act shall be construed to prevent or delay action by a State as 
permitted under section 274 of the Atomic Energy Act of 1954 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. 
DESIGNATION BY SECRETARY 
SEC. 302. (a) Within ninety days from the date of his receipt of the 
report and recommendations submitted by the Commission under 
section 301, notwithstanding the limitations contained in section 
101(6) (A) and in section 115(a), 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 301, 
the Secretary may designate either or both of the sites referred to in 
section 301 as a processing site for purposes of title I. Following such 
designation, the Secretary may enter into cooperative agreements 
with New Mexico to perform remedial action pursuant to such title 
concerning only the residual radioactive materials at such site result-
ing from uranium produced for sale to a Federal agency prior to 
January 1,1971, under contract with such agency. Any such designa-
tion 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 
Interstate and Foreign Commerce of the House of Representatives 
and to the Committee on Energy and Natural Resources of the Senate. 
(b) (1) No designation under subsection (a) shall take effect before 
the expiration of one hundred and twenty calendar days (not includ-
ing any day in which either House of Congress is not in session 
PUBLIC LAW 95-604—NOV. 8, 1978 
92 STAT. 3043 
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) Except as otherwise specifically provided in subsection (a), any 
remedial action under title I with respect to any sites designated under 
this title shall be subject to the provisions of title I (including the 
authorization of appropriations referred to in section 112(b)). 
Approved November 8, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1480, Pt. I (Comm. on Interior and Insular Affairs) and Pt. II 
(Comm. on Interstate and Foreign Commerce). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Oct. 3, considered and passed House. 
Oct. 13, considered and passed Senate, amended. 
Oct. 14, House concurred in Senate amendmeut with amendments. 
Oct. 15, Senate concurred in House amendments.