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42 U.S.C. § 7912 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “Commission” means the Nuclear Regulatory Commission.
(3) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(4) The term “Indian tribe” means any tribe, band, clan, group, pueblo, or community of Indians recognized as eligible for services provided by the Secretary of the Interior to Indians.
(5) The term “person” means any individual, association, partnership, corporation, firm, joint venture, trust, government entity, and any other entity, except that such term does not include any Indian or Indian tribe.
(6) The term “processing site” means—
(A) any site, including the mill, containing residual radioactive materials at which all or substantially all of the uranium was produced for sale to any Federal agency prior to January 1, 1971 under a contract with any Federal agency, except in the case of a site at or near Slick Rock, Colorado, unless—
(i) such site was owned or controlled as of January 1, 1978, or is thereafter owned or controlled, by any Federal agency, or
(ii) a license (issued by the Commission or its predecessor agency under the Atomic Energy Act of 1954 [[42 U.S.C. 2011](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 product derived from ores is in effect on January 1, 1978, or is issued or renewed after such date; and
(B) any other real property or improvement thereon which—
(i) is in the vic
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Source file: Laws/federal/codes/united-states-code/title-42/section-7912-definitions--2e4ae7de4c.md
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Source location: Title 42, Chapter 88, § 7912; chapter-088-uranium-mill-tailings-radiation-control.md
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For purposes of this subchapter—
(1) The term “Secretary” means the Secretary of Energy.
(2) The term “Commission” means the Nuclear Regulatory Commission.
(3) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(4) The term “Indian tribe” means any tribe, band, clan, group, pueblo, or community of Indians recognized as eligible for services provided by the Secretary of the Interior to Indians.
(5) The term “person” means any individual, association, partnership, corporation, firm, joint venture, trust, government entity, and any other entity, except that such term does not include any Indian or Indian tribe.
(6) The term “processing site” means—
(A) any site, including the mill, containing residual radioactive materials at which all or substantially all of the uranium was produced for sale to any Federal agency prior to January 1, 1971 under a contract with any Federal agency, except in the case of a site at or near Slick Rock, Colorado, unless—
(i) such site was owned or controlled as of January 1, 1978, or is thereafter owned or controlled, by any Federal agency, or
(ii) a license (issued by the Commission or its predecessor agency under the Atomic Energy Act of 1954 [[42 U.S.C. 2011](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 product derived from ores is in effect on January 1, 1978, or is issued or renewed after such date; and
(B) any other real property or improvement thereon which—
(i) is in the vicinity of such site, and
(ii) is determined by the Secretary, in consultation with the Commission, to be contaminated with residual radioactive materials derived from such site.
Any ownership or control of an area by a Federal agency which is acquired pursuant to a cooperative agreement under this subchapter shall not be treated as ownership or control by such agency for purposes of subparagraph (A)(i). A license for the production of any uranium product from residual radioactive materials shall not be treated as a license for production from ores within the meaning of subparagraph (A)(ii) if such production is in accordance with [section 7918(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7918/b&num=0&edition=prelim).
(7) The term “residual radioactive material” means—
(A) waste (which the Secretary determines to be radioactive) in the form of tailings resulting from the processing of ores for the extraction of uranium and other valuable constituents of the ores; and
(B) other waste (which the Secretary determines to be radioactive) at a processing site which relate to such processing, including any residual stock of unprocessed ores or low-grade materials.
(8) The term “tailings” means the remaining portion of a metal-bearing ore after some or all of such metal, such as uranium, has been extracted.
(9) The term “Federal agency” includes any executive agency as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** It is the purpose of this section—
(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this chapter of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials;
(2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials;
(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials;
(4) to establish procedures and criteria for discontinuance of certain of the Commission’s regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States;
(5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and
(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable.
**(b) Agreements with States** Except as provided in subsection (c), the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under subchapters V, VI, and VII of this division, and [section 2201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201&num=0&edition=prelim), with respect to any one or more of the following materials within the State:
(1) Byproduct materials (as defined in [section 2014(e) of this title
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 5360
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2011
Sec.
2297f–2.
Regulation of Restricted Data.
SUBCHAPTER VII—DECONTAMINATION AND
DECOMMISSIONING
2297g.
Uranium Enrichment Decontamination
and Decommissioning Fund.
2297g–1.
Deposits.
2297g–2.
Department facilities.
2297g–3.
Employee provisions.
2297g–4.
Reports to Congress.
SUBCHAPTER VIII—UNITED STATES ENRICHMENT
CORPORATION PRIVATIZATION
2297h.
Definitions.
2297h–1.
Sale of Corporation.
2297h–2.
Method of sale.
2297h–3.
Establishment of private corporation.
2297h–4.
Transfers to private corporation.
2297h–5.
Leasing of gaseous diffusion facilities.
2297h–6.
Transfer of contracts.
2297h–7.
Liabilities.
2297h–8.
Employee protections.
2297h–9.
Ownership limitations.
2297h–10.
Uranium transfers and sales.
2297h–10a.
Incentives for additional downblending
of highly enriched uranium by the Rus-
sian Federation.
2297h–10b.
Secretarial
determinations;
congres-
sional notification.
2297h–11.
Low-level waste.
2297h–12.
AVLIS.
2297h–13.
Application of certain laws.
Editorial Notes
CODIFICATION
The Atomic Energy Act of 1954, which is classified
principally to this chapter, is act Aug. 1, 1946, ch. 724.
It was originally enacted as the Atomic Energy Act of
1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con-
sisted of sections 1 to 21 and was classified generally to
chapter 14 (§ 1801 et seq.) of this title. The Atomic En-
ergy Act of 1946 was renamed the Atomic Energy Act of
1954 and amended generally by act Aug. 30, 1954, ch.
1073, § 1, 68 Stat. 919, and was subsequently transferred
to this chapter. Sections that were enacted as part of
the 1954 general amendment are shown herein as having
been added to act Aug. 1, 1946, and not as amending it,
due to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
Page 5371
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2021
1 So in original. Probably should not be capitalized.
the Atomic Energy Act of 1954, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
The Federal Power Act, referred to in text, is act
June 10, 1920, ch. 285, 41 Stat. 1063, which is classified
generally to chapter 12 (§ 791a et seq.) of Title 16, Con-
servation. For complete classification of this Act to
the Code, see section 791a of Title 16 and Tables.
§ 2020. Licensing of Government agencies
Nothing in this chapter shall preclude any
Government agency now or hereafter authorized
by law to engage in the production, marketing,
or distribution of electric energy from obtaining
a license under section 2133 of this title, if quali-
fied under the provisions of said section, for the
construction and operation of production or uti-
lization facilities for the primary purpose of pro-
ducing electric energy for disposition for ulti-
mate public consumption.
(Aug. 1, 1946, ch. 724, title I, § 273, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
§ 2021. Cooperation with States
(a) Purpose
It is the purpose of this
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Federal law — U.S. Code and appendices · legal_authorities
Page 7494
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7911
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–616, § 1, Nov. 5, 1988, 102 Stat. 3192, pro-
vided: ‘‘That this Act [amending sections 7916 and 7922
of this title] may be cited as the ‘Uranium Mill
Tailings Remedial Action Amendments Act of 1988’.’’
SHORT TITLE
Pub. L. 95–604, § 1, Nov. 8, 1978, 92 Stat. 3021, provided
that: ‘‘This Act [enacting this chapter and sections
2022, 2113, and 2114 of this title, amending sections 2014,
2021, 2111, and 2201 of this title, and enacting provisions
set out as notes under sections 2014, 2021, and 2113 of
this title] may be cited as the ‘Uranium Mill Tailings
Radiation Control Act of 1978’.’’
SUBCHAPTER I—REMEDIAL ACTION
PROGRAM
§ 7911. Definitions
For purposes of this subchapter—
(1) The term ‘‘Secretary’’ means the Sec-
retary of Energy.
(2) The term ‘‘Commission’’ means the Nu-
clear Regulatory Commission.
(3) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection
Agency.
(4) The term ‘‘Indian tribe’’ means any tribe,
band, clan, group, pueblo, or community of In-
dians recognized as eligible for services pro-
vided by the Secretary of the Interior to Indi-
ans.
(5) The term ‘‘person’’ means any individual,
association, partnership, corporation, firm,
joint venture, trust, government entity, and
any other entity, except that such term does
not include any Indian or Indian tribe.
(6) The term ‘‘processing site’’ means—
(A) any site, including the mill, containing
residual radioactive materials at which all
or substantially all of the uranium was pro-
duced 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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7912
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