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42 U.S.C. § 7941 — Active operations; liability for remedial action
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.
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Source file: Laws/federal/codes/united-states-code/title-42/section-7941-active-operations-liability-for-remedial-action--45a32c0202.md
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Source location: Title 42, Chapter 88, § 7941; chapter-088-uranium-mill-tailings-radiation-control.md
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**(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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021
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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) 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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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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2021
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Federal law — U.S. Code and appendices · legal_authorities
Page 7503
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7941
tion, other than trade secrets and other propri-
etary information otherwise exempted from
mandatory disclosure under any other provision
of law, obtained from the conduct of each of the
remedial actions authorized by this subchapter
and the subsequent perpetual care of those re-
sidual radioactive materials is documented sys-
tematically, and made publicly available con-
veniently for use.
(Pub. L. 95–604, title I, § 114, Nov. 8, 1978, 92 Stat.
3032; H. Res. 549, Mar. 25, 1980.)
Editorial Notes
REFERENCES IN TEXT
This chapter and this Act, referred to in subsec. (a),
mean Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known
as the Uranium Mill Tailings Radiation Control Act of
1978. For complete classification of this Act to the
Code, see Short Title note set out under section 7901 of
this title and Tables.
Title II of this Act, referred to in subsec. (a), is title
II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033,
which enacted sections 2022, 2113, and 2114 of this title,
amended sections 2014, 2021, 2111, and 2201 of this title,
and enacted provisions set out as notes under sections
2014, 2021, and 2113 of this title. For complete classifica-
tion of title II to the Code, see Tables.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.
Committee on Interstate and Foreign Commerce of
the House of Representatives changed to Committee on
Energy and Commerce immediately prior to noon on
Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth
Congress, Mar.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7941
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