42 U.S.C. § 7941 — Study of authority for regulation and con-

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. 25, 1980. Committee on Energy and Com- merce of House of Representatives treated as referring to Committee on Commerce of House of Representa- tives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Com- merce of House of Representatives changed to Com- mittee on Energy and Commerce of House of Represent- atives, and jurisdiction over matters relating to securi- ties and exchanges and insurance generally transferred to Committee on Financial Services of House of Rep- resentatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 7925. Active operations; liability for remedial action (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 et seq.] or by a State as per- mitted under section 274 of such Act [42 U.S.C. 2021] at which production of any uranium prod- uct from ores (other than from residual radio- active materials) takes place. This subsection does not prohibit the disposal of residual radio- active 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 des- ignated under this subchapter, the Attorney General shall conduct a study to determine the identity and legal responsibility which any per- son (other than the United States, a State, or Indian tribe) who owned or operated or con- trolled (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 re- medial action for which he determines such per- son is liable. (Pub. L. 95–604, title I, § 115, Nov. 8, 1978, 92 Stat. 3033; Pub. L. 104–259, § 4(c), Oct. 9, 1996, 110 Stat. 3174.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Title II, referred to in subsec. (a), is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which en- acted sections 2022, 2113, 2114 of this title, amended sec- tions 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 classification of title II to the Code, see Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–259 inserted at end ‘‘This subsection does not prohibit the disposal of resid- ual 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 dis- posal.’’ SUBCHAPTER II—STUDY AND DESIGNA- TION OF TWO MILL TAILING SITES IN NEW MEXICO § 7941. Study of authority for regulation and con- trol of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Con- gress and Secretary; basis for determination of inadequacy of authority; interim regula- tion pending completion of study The Commission, in consultation with the At- torney General and the Attorney General of the State of New Mexico, shall conduct a study to determine the extent and adequacy of the au- thority 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) [42 U.S.C. 2011 et seq.] or under State authority as permitted under section 274 of such Act [42 U.S.C. 2021] or under other provision of law, the owners of the following active uranium mill sites to undertake appropriate action to regu- late and control all residual radioactive mate- rials at such sites to protect public health, safe- ty, and the environment: the former Homestake- Page 7504 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7942 1 So in original. Subsec. (b) enacted without a par. (2). New Mexico Partners site near Milan, New Mex- ico, and the Anaconda carbonate process tailings site near Bluewater, New Mexico. Such study shall be completed and a report thereof submitted to the Congress and to the Secretary within one year after November 8, 1978, together with such recommendations as may be appro- priate. If the Commission determines that such authority is not adequate to regulate and con- trol such materials at such sites in the manner provided in the first sentence of this section, the Commission shall include in the report a state- ment of the basis for such determination. Noth- ing in this chapter shall be construed to prevent or delay action by a State as permitted under section 274 of the Atomic Energy Act of 1954 [42 U.S.C. 2021] or under any other provision of law or by the Commission to regulate such residual radioactive materials at such sites prior to com- pletion of such study. (Pub. L. 95–604, title III, § 301, Nov. 8, 1978, 92 Stat. 3042.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning 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 under section 7901 of this title and Tables. The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Title II of this Act, referred to in text, is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which enacted sections 2022, 2113, 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. § 7942. Designation by Secretary as processing sites for subchapter I purposes (a) New Mexico cooperative agreement respect- ing certain residual radioactive materials; submission to Congressional committees Within ninety days from the date of his re- ceipt of the report and recommendations sub- mitted by the Commission under section 7941 of this title, notwithstanding the limitations con- tained in section 7911(6)(A) and in section 7925(a) of this title, 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, the Secretary may designate either or both of the sites referred to in section 7941 of this title as a processing site for purposes of subchapter I. Following such designation, the Secretary may enter into cooperative agree- ments with New Mexico to perform remedial ac- tion 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 designa- tion shall be submitted by the Secretary, to- gether 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 Com- mittee on Energy and Natural Resources of the Senate. (b) Effective date (1) 1 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 ses- sion because of an adjournment of more than three calendar days to a day certain or an ad- journment sine die) after receipt by such Com- mittees of such designation. (c) Subchapter I provisions applicable Except as otherwise specifically provided in subsection (a) of this section, any remedial ac- tion under subchapter I with respect to any sites designated under this subchapter shall be sub- ject to the provisions of subchapter I (including the authorization of appropriations referred to in section 7922(b) of this title). (Pub. L. 95–604, title III, § 302, Nov. 8, 1978, 92 Stat. 3042; H. Res. 549, Mar. 25, 1980.) 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. 25, 1980. Committee on Energy and Com- merce of House of Representatives treated as referring to Committee on Commerce of House of Representa- tives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Com- merce of House of Representatives changed to Com- mittee on Energy and Commerce of House of Represent- atives, and jurisdiction over matters relating to securi- ties and exchanges and insurance generally transferred to Committee on Financial Services of House of Rep- resentatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. CHAPTER 89—CONGREGATE HOUSING SERVICES Sec. 8001. Congressional findings. 8002. Definitions. 8003. Contracts to provide congregate services pro- grams. 8004. Congregate services program. 8005. Eligibility for services. 8006. Application procedure for assistance. 8007. Evaluation of applications and programs. 8008. Funding procedures. 8009. Miscellaneous provisions. 8010. Authorization of appropriations. 8011. Revised congregate housing services program. 8012. Hope for elderly independence. 8013. Supportive housing for persons with disabil- ities. § 8001. Congressional findings The Congress finds that—