42 U.S.C. § 7901 — Congressional findings and purposes

Page 7493 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7901 94 Stat. 2032, authorized appropriation of funds for re- search, development, and demonstration plants. Section 7874, Pub. L. 95–467, title IV, § 403, Oct. 17, 1978, 92 Stat. 1314; Pub. L. 96–457, § 2(b)(2), Oct. 15, 1980, 94 Stat. 2032, authorized appropriation of funds for pro- grams conducted under this chapter for which there were no specific appropriations. Section 7875, Pub. L. 95–467, title IV, § 404, Oct. 17, 1978, 92 Stat. 1314, related to grant applications, ap- proval of applications by the Secretary, and the basis of approvals. Section 7876, Pub. L. 95–467, title IV, § 405, Oct. 17, 1978, 92 Stat. 1315, related to payments to institutes and accounting for such payments. Section 7877, Pub. L. 95–467, title IV, § 406, Oct. 17, 1978, 92 Stat. 1315, related to cooperation in research programs between Federal agencies, State and local governments, private institutions, and individuals. Section 7878, Pub. L. 95–467, title IV, § 407, Oct. 17, 1978, 92 Stat. 1316, authorized conveyance of property acquired by the Secretary to a cooperating institute, educational institution, or cooperating nonprofit orga- nization, and empowered the Secretary to dispose of water and byproducts resulting from operations under this chapter. Section 7879, Pub. L. 95–467, title IV, § 408, Oct. 17, 1978, 92 Stat. 1316, set out policy under this chapter with regard to patents. Section 7880, Pub. L. 95–467, title IV, § 409, Oct. 17, 1978, 92 Stat. 1316, provided for annual reports to the Secretary by various water research institutes. Section 7881, Pub. L. 95–467, title IV, § 410, Oct. 17, 1978, 92 Stat. 1316, provided that the chapter was not in- tended to repeal, supersede, or diminish existing au- thorities of agencies concerning water resources, or to be construed to alter existing law with respect to own- ership and control of water. Section 7882, Pub. L. 95–467, title IV, § 411, Oct. 17, 1978, 92 Stat. 1317, Pub. L. 96–457, § 2(b)(3), Oct. 15, 1980, 94 Stat. 2032, provided for transmittal of rules, regula- tions, etc., to the Speaker of the House and President of the Senate. Section 7883, Pub. L. 95–467, title IV, § 412, Oct. 17, 1978, 92 Stat. 1317, provided that authority to enter into contracts or cooperative agreements and to make pay- ments under this chapter was effective only to the ex- tent or in such amounts as were provided in advance in appropriations acts. For prior provisions, see section 10301 of this title. Statutory Notes and Related Subsidiaries LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982 TO 1984 Pub. L. 97–35, title XVIII, § 1807(b), Aug. 13, 1979, 95 Stat. 765, provided that no funds were authorized to be appropriated to the Secretary of the Interior for the purposes of water resources research and development, saline water research, development, and demonstra- tion, and associated activities in excess of $23,650,000 per fiscal year for each of the fiscal years ending Sep- tember 30, 1982, September 30, 1983, and September 30, 1984. CHAPTER 88—URANIUM MILL TAILINGS RADIATION CONTROL Sec. 7901. Congressional findings and purposes. SUBCHAPTER I—REMEDIAL ACTION PROGRAM 7911. Definitions. 7912. Processing site designations. 7913. State cooperative agreements. 7914. Acquisition and disposition of lands and ma- terials. 7915. Indian tribe cooperative agreements. 7916. 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. Sec. 7917. Financial assistance. 7918. Remedial action and mineral recovery activi- ties. 7919. Rules. 7920. Enforcement. 7921. Public participation; public hearings. 7922. Termination of authority of Secretary. 7923. Limitation of contractual authority. 7924. Reports to Congress. 7925. Active operations; liability for remedial ac- tion. SUBCHAPTER II—STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN NEW MEXICO 7941. Study of authority for regulation and control 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 determina- tion of inadequacy of authority; interim regulation pending completion of study. 7942. Designation by Secretary as processing sites for subchapter I purposes. § 7901. Congressional findings and purposes (a) The Congress finds that uranium mill tailings located at active and inactive mill oper- ations may pose a potential and significant radi- ation health hazard to the public, and that the protection of the public health, safety, and wel- fare and the regulation of interstate commerce require that every reasonable effort be made to provide for the stabilization, disposal, and con- trol in a safe and environmentally sound man- ner of such tailings in order to prevent or mini- mize radon diffusion into the environment and to prevent or minimize other environmental hazards from such tailings. (b) The purposes of this chapter are to pro- vide— (1) in cooperation with the interested States, Indian tribes, and the persons who own or con- trol inactive mill tailings sites, a program of assessment and remedial action at such sites, including, where appropriate, the reprocessing of tailings to extract residual uranium and other mineral values where practicable, in order to stabilize and control such tailings in a safe and environmentally sound manner and to minimize or eliminate radiation health haz- ards to the public, and (2) a program to regulate mill tailings dur- ing uranium or thorium ore processing at ac- tive mill operations and after termination of such operations in order to stabilize and con- trol such tailings in a safe and environ- mentally sound manner and to minimize or eliminate radiation health hazards to the pub- lic. (Pub. L. 95–604, § 2, Nov. 8, 1978, 92 Stat. 3021.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 classifica- tion of this Act to the Code, see Short Title note below and Tables. 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 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 Atom- ic Energy Act of 1954 [42 U.S.C. 2011 et seq.] or by a State as permitted under section 274 of such Act [42 U.S.C. 2021]) for the pro- duction at such site of any uranium or thorium product derived from ores is in ef- fect on January 1, 1978, or is issued or re- newed after such date; and (B) any other real property or improve- ment 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 Fed- eral 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 ura- nium product from residual radioactive mate- rials shall not be treated as a license for pro- duction from ores within the meaning of sub- paragraph (A)(ii) if such production is in ac- cordance with section 7918(b) of this title. (7) The term ‘‘residual radioactive material’’ means— (A) waste (which the Secretary determines to be radioactive) in the form of tailings re- sulting from the processing of ores for the extraction of uranium and other valuable constituents of the ores; and (B) other waste (which the Secretary de- termines to be radioactive) at a processing site which relate to such processing, includ- ing 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. (10) The term ‘‘United States’’ means the 48 contiguous States and Alaska, Hawaii, Puerto Rico, the District of Columbia, and the terri- tories and possessions of the United States. (Pub. L. 95–604, title I, § 101, Nov. 8, 1978, 92 Stat. 3022.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in par. (6)(A)(ii), 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. § 7912. Processing site designations (a) Specific and other site locations; remedial ac- tion; consultations; boundaries; Grand Junc- tion, 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