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42 U.S.C. § 7913 — Processing site designations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7913 — Processing site designations

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Source file: Laws/federal/codes/united-states-code/title-42/section-7913-processing-site-designations--b738157e9f.md
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Source location: Title 42, Chapter 88, § 7913; chapter-088-uranium-mill-tailings-radiation-control.md

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**(a) Specific and other site locations; remedial action; consultations; boundaries; Grand Junction, Colorado, site restriction** (1) As soon as practicable, but no later than one year after November 8, 1978, the Secretary shall designate processing sites at or near the following locations:Salt Lake City, Utah Green River, Utah Mexican Hat, Utah Durango, Colorado Grand Junction, Colorado Rifle, Colorado (two sites) Gunnison, Colorado Naturita, Colorado Maybell, Colorado Slick Rock, Colorado (two sites) Shiprock, New Mexico Ambrosia Lake, New Mexico Riverton, Wyoming Converse County, Wyoming Lakeview, Oregon Falls City, Texas Tuba City, Arizona Monument Valley, Arizona Lowman, Idaho Cannonsburg, Pennsylvania Subject to the provisions of this subchapter, the Secretary shall complete remedial action at the above listed sites before his authority terminates under this subchapter. The Secretary shall within one year of November 8, 1978, also designate all other processing sites within the United States which he determines requires remedial action to carry out the purposes of this subchapter. In making such designation, the Secretary shall consult with the Administrator, the Commission, and the affected States, and in the case of Indian lands, the appropriate Indian tribe and the Secretary of the Interior. (2) As part of his designation under this subsection, the Secretary, in consultation with the Commission, shall determine the boundaries of each such site. (3) No site or structure with respect to which remedial action is authorized under Public Law 92–314 in Grand Junction, Colorado, may be designated by the Secretary as a processing site under this section. **(b) Health hazard assessment; priorities for remedial action** Within one year from November 8, 1978, the Secretary shall assess the potential health hazard to the public from the residual radioactive materials at designated processing sites. Based upon such assessment, the Secretary shall, within such one year period, establish priorities for carrying out remedial action at each such site. In establishing such priorities, the Secretary shall rely primarily on the advice of the Administrator. **(c) Notification** Within thirty days after making designations of processing sites and establishing the priorities for such sites under this section, the Secretary shall notify the Governor of each affected State, and, where appropriate, the Indian tribes and the Secretary of the Interior. **(d) Finality of determinations** The designations made, and priorities established, by the Secretary under this section shall be final and not be subject to judicial review. **(e) Certain real property or improved areas** (1) The designation of processing sites within one year after November 8, 1978, under this section shall include, to the maximum extent practicable, the areas referred to in [section 7911(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911/6/B&num=0&edition=prelim). (2) Notwithstanding the one year limitation contained in this section, the Secretary may, after such one year period, include any area described in [section 7911(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911/6/B&num=0&edition=prelim) as part of a processing site designated under this section if he determines such inclusion to be appropriate to carry out the purposes of this subchapter. (3) The Secretary shall designate as a processing site within the meaning of [section 7911(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911/6&num=0&edition=prelim) any real property, or improvements thereon, in Edgemont, South Dakota, that— (A) is in the vicinity of the Tennessee Valley Authority uranium mill site at Edgemont (but not including such site), and (B) is determined by the Secretary to be contaminated with residual radioactive materials. In making the designation under this paragraph, the Secretary shall consult with the Administrator, the Commission and the State of South Dakota. The provisions of this subchapter shall apply to the site so designated in the same manner and to the same extent as to the sites designated under subsection (a) except that, in applying such provisions to such site, any reference in this subchapter to November 8, 1978, shall be treated as a reference to January 4, 1983, and in determining the State share under [section 7917 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7917&num=0&edition=prelim) of the costs of remedial action, there shall be credited to the State, expenditures made by the State prior to January 4, 1983, which the Secretary determines would have been made by the State or the United States in carrying out the requirements of this subchapter. **(f) Designation of Moab Site as processing site** (1) **Designation** — Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this subsection as the “Moab site”) located approximately three miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996 in conjunction with Source Materials License No. SUA–917, is designated as a processing site. (2) **Applicability** — This subchapter applies to the Moab site in the same manner and to the same extent as to other processing sites designated under subsection (a), except that— (A) sections 7913, 7914(b), 7917(a), 7922(a), and 7925(a) of this title shall not apply; and (B) a reference in this subchapter to November 8, 1978, shall be treated as a reference to October 30, 2000. (3) **Remediation** — Subject to the availability of appropriations for this purpose, the Secretary shall conduct remediation at the Moab site in a safe and environmentally sound manner that takes into consideration the remedial action plan prepared pursuant to section 3405(i) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ([10 U.S.C. 8720](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8720&num=0&edition=prelim) note; Public Law 105–261), including— (A) ground water restoration; and (B) the removal, to a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab site and the floodplain of the Colorado River.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7917 — Acquisition of land by Secretary; transfer of public lands by Secretary of the Interior to Secretary; consultations with Governor; consent of Governor; transfer from Federal agency to Secretary

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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7420 — Recruit basic training: privacy

The Secretary of the Army shall require that access by drill sergeants and other training personnel to a living area in which recruits are housed during basic training shall be limited after the end of the training day, other than in the case of an emergency or other exigent circumstance, to drill sergeants and other training personnel who are of the same sex as the recruits housed in that living area or to superiors in the chain of command of those recruits who, if not of the same sex as the recruits housed in that living area, are accompanied by a member (other than a recruit) who is of the same sex as the recruits housed in that living area.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8720 — Definitions

In this chapter: (1) The term “national defense” includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions. (2) The term “naval petroleum reserves” means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924. (3) The term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources. (4) The term “Secretary” means the Secretary of Energy. (5) The term “small refiner” means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration. (6) The term

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7915 — Acquisition and disposition of lands and materials

**(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

42 U.S.C. § 7918 — Financial assistance

**(a) Federal and non-Federal funds; administrative costs** In the case of any designated processing site for which an agreement is executed with any State for remedial action at such site, the Secretary shall pay 90 per centum of the actual cost of such remedial action, including the actual costs of acquiring such site (and any interest therein) or any disposition site (and any interest therein) pursuant to [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7913&num=0&edition=prelim), and the State shall pay the remainder of such costs from non-Federal funds. The Secretary shall not pay the administrative costs incurred by any State to develop, prepare, and carry out any cooperative agreement executed with such State under this subchapter, except the proportionate share of the administrative costs associated with the acquisition of lands and interests therein acquired by the State pursuant to this subchapter. **(b) Indian land processing sites** In the case of any designated processing site located on Indian lands, the Secretary shall pay the entire cost of such remedial action.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8720 — Definitions

Page 3352 TITLE 10—ARMED FORCES § 8720 1980—Pub. L. 96–513, title V, § 513(32)(C), Dec. 12, 1980, 94 Stat. 2933, substituted ‘‘Naval Petroleum Reserve Numbered’’ for ‘‘naval petroleum reserve numbered’’ in item 7426. 1979—Pub. L. 96–137, § 3(b)(2), Dec. 12, 1979, 93 Stat. 1062, substituted ‘‘Authorizations of appropriations’’ for ‘‘Naval petroleum reserve special account’’ in item 7432. 1976—Pub. L. 94–258, title II, § 201(20), Apr. 5, 1976, 90 Stat. 313, added item 7420 and substituted ‘‘Naval petro- leum reserve special account’’ for ‘‘Expenditures; ap- propriations chargeable’’ in item 7432. 1962—Pub. L. 87–796, § 1(13), Oct. 11, 1962, 76 Stat. 906, substituted ‘‘Rifle, Colorado, plant; possession, use, and transfer of’’ for ‘‘Exclusion of naval oil shale reserves’’ in item 7438. § 8720. Definitions In this chapter: (1) The term ‘‘national defense’’ includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and mili- tary emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions. (2) The term ‘‘naval petroleum reserves’’ means the naval petroleum and oil shale re- serves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, es- tablished by Executive order of the President, dated September 2, 1912; Naval Petroleum Re- serve Numbered 2 (Buena Vista), located in Kern County, California, established by Execu- tive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, estab- lished by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Num- bered 1, located in

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8720

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7913 — State cooperative agreements

Page 7496 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7913 authorized by title II of Pub. L. 92–314, June 16, 1972, 86 Stat. 222, which is not classified to the Code. AMENDMENTS 2018—Subsec. (f)(3). Pub. L. 115–232 substituted ‘‘(10 U.S.C. 8720 note; Public Law 105–261)’’ for ‘‘(10 U.S.C. 7420 note; Public Law 105–261)’’ in introductory provi- sions. 2000—Subsec. (f). Pub. L. 106–398 added subsec. (f). 1983—Subsec. (e)(3). Pub. L. 97–415 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 7913. State cooperative agreements (a) Authority of Secretary; prompt commence- ment of preparations After notifying a State of the designation re- ferred to in section 7912 of this title, the Sec- retary subject to section 7923 of this title, is au- thorized 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 re- ferred to in section 7915 of this title). The Sec- retary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the prior- ities established by him under section 7912 of this title. The Secretary shall commence prep- arations for cooperative agreements with re- spect to each designated processing site as promptly as practicable following the designa- tion of each site. (b) Terms and conditions; limitation of Federal assistance Each cooperative agreement under this sec- tion shal

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