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42 U.S.C. § 7901 — Designation by Secretary as processing sites for subchapter I purposes
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), notwithstanding the limitations contained in section 7911(6)(A) and in [section 7925(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7925/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), the Secretary may designate either or both of the sites referred to in [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim) as a processing site for purposes of subchapter I. 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 Reso
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Stable record: federal_law:legal_authorities:record_usc_28310de6fca96f84376f47ca
Source file: Laws/federal/codes/united-states-code/title-42/section-7901-designation-by-secretary-as-processing-sites-for-subchapter-i-purposes--a3b1c7a67e.md
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Source location: Title 42, Chapter 88, § 7901; chapter-088-uranium-mill-tailings-radiation-control.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), notwithstanding the limitations contained in section 7911(6)(A) and in [section 7925(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7925/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), the Secretary may designate either or both of the sites referred to in [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim) as a processing site for purposes of subchapter I. 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) 11 So in original. Subsec. (b) enacted without a par. (2). No designation under subsection (a) 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 with respect to any sites designated under this subchapter shall be subject to the provisions of subchapter I (including the authorization of appropriations referred to in [section 7922(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7922/b&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.] or by a State as permitted under section 274 of such Act [[42 U.S.C. 2021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim)] 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7941
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Federal law — U.S. Code and appendices · legal_authorities
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 21
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification of completion of coal reclamation**
(1) The Governor of a State, or the head of a governing body of an Indian tribe, with an approved abandoned mine reclamation program under [section 1235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1235&num=0&edition=prelim) may certify to the Secretary that all of the priorities stated in [section 1233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a&num=0&edition=prelim) for eligible lands and waters pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) have been achieved. The Secretary, after notice in the Federal Register and opportunity for public comment, shall concur with such certification if the Secretary determines that such certification is correct.
(2)
(A) The Secretary may, on the initiative of the Secretary, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in [section 1233(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/c&num=0&edition=prelim) all reclamation projects relating to the priorities described in [section 1233(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1233/a&num=0&edition=prelim) for eligible land and water pursuant to [section 1234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1234&num=0&edition=prelim) in the State or tribe have been completed.
(B) The Secretary shall only make the certification after notice in the Federal Register and o
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1240a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation and revision of rules for protection from hazards at inactive or depository sites** As soon as practicable, but not later than October 1, 1982, the Administrator of the Environmental 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 Radiation Control Act of 1978 [[42 U.S.C. 7914(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914/h&num=0&edition=prelim)]) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with residual radioactive materials (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911&num=0&edition=prelim)]) located at inactive uranium mill tailings sites and depository sites for such materials selected by the Secretary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911&num=0&edition=prelim) et seq.]. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.]. In establishing such standards, the Administrator shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2022
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this part:
(1) The term “active uranium or thorium processing site” means—
(A) any uranium or thorium processing site, including the mill, containing byproduct material for which a license (issued by the Nuclear Regulatory Commission or its predecessor agency under the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], or by a State as permitted under section 274 of such Act ([42 U.S.C. 2021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim))) for the production at such site of any uranium or thorium derived from ore—
(i) was in effect on January 1, 1978;
(ii) was issued or renewed after January 1, 1978; or
(iii) for which an application for renewal or issuance was pending on, or after January 1, 1978; and
(B) any other real property or improvement on such real property that is determined by the Secretary or by a State as permitted under section 274 of the Atomic Energy Act of 1954 ([42 U.S.C. 2021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim)) to be—
(i) in the vicinity of such site; and
(ii) contaminated with residual byproduct material;
(2) The term “byproduct material” has the meaning given such term in section 11 e. (2) of the Atomic Energy Act of 1954,11 So in original. The comma probably should not appear. ([42 U.S.C. 2014(e)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim)); and
(3) The term “decontamination, decommissioning, reclamation, and other remedial action” means work performed prior to or subsequent to October 24, 1992, which is n
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2296a–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of chapter** Nothing in this chapter shall be construed to apply to (or to authorize any State, interstate, or local authority to regulate) any activity or substance which is subject to the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.], the Marine Protection, Research and Sanctuaries Act of 1972 [[16 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1431&num=0&edition=prelim) et seq., 1447 et seq., [33 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1401&num=0&edition=prelim) et seq., 2801 et seq.], or the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.] except to the extent that such application (or regulation) is not inconsistent with the requirements of such Acts.
**(b) Integration with other Acts**
(1) The Administrator shall integrate all provisions of this chapter for purposes of administration and enforcement and shall avoid duplication, to the maximum extent practicable, with the appropriate provisions of the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.], the Federal Water Pollution Control Act [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.], the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary; prompt commencement of preparations** After notifying a State of the designation referred to in [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim), the Secretary subject to [section 7923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7923&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7915&num=0&edition=prelim)). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7918&num=0&edition=prelim).
**(c) Wri
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7914
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State acquisition; windfall profits prevention** Each cooperative agreement under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7913&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7916/2&num=0&edition=prelim) 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) to acquire any real property or improvement outside the boundaries of—
(1) that portion of the processing site which is described in [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7915
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7923&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim). 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 S
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7916
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7917
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