Collapse to view only § 7918. Remedial action and mineral recovery activities
- § 7911. Definitions
- § 7912. Processing site designations
- § 7913. State cooperative agreements
- § 7914. Acquisition and disposition of lands and materials
- § 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
- § 7917. Financial assistance
- § 7918. Remedial action and mineral recovery activities
- § 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 action
§ 7911. DefinitionsFor 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 et seq.] or by a State as permitted under section 274 of such Act [42 U.S.C. 2021]) 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.
(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.
(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.
(Pub. L. 95–604, title I, § 101, Nov. 8, 1978, 92 Stat. 3022.)
§ 7912. Processing site designations
(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.
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
(c) Notification
(d) Finality of determinations
(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.
(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 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 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 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
(2) ApplicabilityThis 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) RemediationSubject 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 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.
(Pub. L. 95–604, title I, § 102, Nov. 8, 1978, 92 Stat. 3023; Pub. L. 97–415, § 21, Jan. 4, 1983, 96 Stat. 2079; Pub. L. 106–398, § 1 [div. C, title XXXIV, § 3403(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–489; Pub. L. 115–232, div. A, title VIII, § 809(n)(4), Aug. 13, 2018, 132 Stat. 1844.)
§ 7913. State cooperative agreements
(a) Authority of Secretary; prompt commencement of preparations
(b) Terms and conditions; limitation of Federal assistance
(c) Written consent of record interest holder; waiver
(1) Except where the State is required to acquire the processing site as provided in subsection (a) of section 7914 of this title, each cooperative agreement with a State under this section shall provide that the State shall obtain, in a form prescribed by the Secretary, written consent from any person holding any record interest in the designated processing site for the Secretary or any person designated by him to perform remedial action at such site.
(2) Such written consent shall include a waiver by each such person on behalf of himself, his heirs, successors, and assigns—
(A) releasing the United States of any liability or claim thereof by such person, his heirs, successors, and assigns concerning such remedial action, and
(B) holding the United States harmless against any claim by such person on behalf of himself, his heirs, successors, or assigns arising out of the performance of any such remedial action.
(d) Inspection entries; termination of right of entry
(e) Effective date
(f) ReimbursementThe Secretary may, in any cooperative agreement entered into under this section or section 7915 of this title, provide for reimbursement of the actual costs, as determined by the Secretary, of any remedial action performed with respect to so much of a designated processing site as is described in section 7911(6)(B) of this title. Such reimbursement shall be made only to a property owner of record at the time such remedial action was undertaken and only with respect to costs incurred by such property owner. No such reimbursement may be made unless—
(1) such remedial action was completed prior to November 8, 1978, and unless the application for such reimbursement was filed by such owner within one year after an agreement under this section or section 7915 of this title is approved by the Secretary and the Commission, and
(2) the Secretary is satisfied that such action adequately achieves the purposes of this chapter with respect to the site concerned and is consistent with the standards established by the Administrator pursuant to section 2022(a) of this title.
(Pub. L. 95–604, title I, § 103, Nov. 8, 1978, 92 Stat. 3024.)
§ 7914. Acquisition and disposition of lands and materials
(a) State acquisition; windfall profits prevention
(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 is designated by the Secretary, with the concurrence of the Commission, for such disposition and stabilization.
(c) Boundary limitationsNo 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 section 7911(6)(A) of this title, and
(2) the site used for disposition of the residual radioactive materials.
(d) Purchasers of sites; notification; rules and regulations
(e) State disposition; terms and conditions; fair market value; offer of sale to prior owner
(1) The terms and conditions of any cooperative agreement with a State under section 7913 of this title shall provide that in the case of any lands or interests therein acquired by the State pursuant to subsection (a), the State, with the concurrence of the Secretary and the Commission, may—
(A) sell such lands and interests,
(B) permanently retain such land and interests in lands (or donate such lands and interests therein to another governmental entity within such State) for permanent use by such State or entity solely for park, recreational, or other public purposes, or
(C) transfer such lands and interests to the United States as provided in subsection (f).
No lands may be sold under subparagraph (A) without the consent of the Secretary and the Commission. No site may be sold under subparagraph (A) or retained under subparagraph (B) if such site is used for the disposition of residual radioactive materials.
(2) Before offering for sale any lands and interests therein which comprise a processing site, the State shall offer to sell such lands and interests at their fair market value to the person from whom the State acquired them.
(f) Transfer of title to Secretary; payment from funds for administrative and legal costs; custody of property; compliance with health and environmental standards for uranium mill tailings; transfer of title restriction
(1) Each agreement under section 7913 of this title shall provide that title to—
(A) the residual radioactive materials subject to the agreement, and
(B) any lands and interests therein which have been acquired by the State, under subsection (a) or (b), for the disposition of such materials,
shall be transferred by the State to the Secretary when the Secretary (with the concurrence of the Commission) determines that remedial action is completed in accordance with the requirements imposed pursuant to this subchapter. No payment shall be made in connection with the transfer of such property from funds appropriated for purposes of this chapter other than payments for any administrative and legal costs incurred in carrying out such transfer.
(2) Custody of any property transferred to the United States under this subsection shall be assumed by the Secretary or such Federal agency as the President may designate. Notwithstanding any other provision of law, upon completion of the remedial action program authorized by this subchapter, such property and minerals shall be maintained pursuant to a license issued by the Commission in such manner as will protect the public health, safety, and the environment. The Commission may, pursuant to such license or by rule or order, require the Secretary or other Federal agency having custody of such property and minerals to undertake such monitoring, maintenance, and emergency measures necessary to protect public health and safety and other actions as the Commission deems necessary to comply with the standards of section 2022(a) of this title. The Secretary or such other Federal agency is authorized to carry out maintenance, monitoring and emergency measures under this subsection, but shall take no other action pursuant to such license, rule or order with respect to such property and minerals unless expressly authorized by Congress after November 8, 1978. The United States shall not transfer title to property or interest therein acquired under this subsection to any person or State, except as provided in subsection (h).
(g) Reimbursement; fair market value; deposits in TreasuryEach agreement under section 7913 of this title which permits any sale described in subsection (e)(1)(A) shall provide for the prompt reimbursement to the Secretary from the proceeds of such sale. Such reimbursement shall be in an amount equal to the lesser of—
(1) that portion of the fair market value of the lands or interests therein which bears the same ratio to such fair market value as the Federal share of the costs of acquisition by the State to such lands or interest therein bears to the total cost of such acquisition, or
(2) the total amount paid by the Secretary with respect to such acquisition.
The fair market value of such lands or interest shall be determined by the Secretary as of the date of the sale by the State. Any amounts received by the Secretary under this subchapter shall be deposited in the Treasury of the United States as miscellaneous receipts.
(h) Subsurface mineral rights; sale, lease, or other disposition; restoration costs for disturbance of residual radioactive materials
(Pub. L. 95–604, title I, § 104, Nov. 8, 1978, 92 Stat. 3025; Pub. L. 104–259, § 4(a), Oct. 9, 1996, 110 Stat. 3174.)
§ 7915. Indian tribe cooperative agreements
(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, 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, 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. 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 States harmless against any claim arising out of the performance of any such remedial action.
(2) The remedial action shall be selected and performed in accordance with section 7918 of this title by the Secretary or such person as he may designate.
(3) The Secretary, the Commission, and the Administrator and their authorized representatives shall have a permanent right of entry at any time to inspect such processing site in furtherance of the provisions of this subchapter, to carry out such agreement, and to enforce any rules prescribed under this chapter.
Each agreement under this section shall take effect only upon concurrence of the Commission with the terms and conditions thereof.
(b) Disposition and stabilization sites for residual radioactive materials; transfer to Secretary of the Interior
(Pub. L. 95–604, title I, § 105, Nov. 8, 1978, 92 Stat. 3028.)
§ 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 SecretaryWhere 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 ma
(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 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 shall not apply to this transfer of jurisdiction. Prior to acquisition of land under paragraph (1) or (2) of this subsection 1
1 So in original. Probably should be “section”.
in any State, the Secretary shall consult with the Governor of such State. No lands may be acquired under such paragraph (1) or (2) in any State in which there is no (1) processing site designated under this subchapter or (2) active uranium mill operation, unless the Secretary has obtained the consent of the Governor of such State. No lands controlled by any Federal agency may be transferred to the Secretary to carry out the purposes of this chapter without the concurrence of the chief administrative officer of such agency.(Pub. L. 95–604, title I, § 106, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 100–616, § 2, Nov. 5, 1988, 102 Stat. 3192.)
§ 7917. Financial assistance
(a) Federal and non-Federal funds; administrative costs
(b) Indian land processing sites
(Pub. L. 95–604, title I, § 107, Nov. 8, 1978, 92 Stat. 3029.)
§ 7918. Remedial action and mineral recovery activities
(a) General standards for remedial action; Federal performance and State participation; use of technology; promulgation of standards
(1) The Secretary or such person as he may designate shall select and perform remedial actions at designated processing sites and disposal sites in accordance with the general standards prescribed by the Administrator pursuant to section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)]. The State shall participate fully in the selection and performance of a remedial action for which it pays part of the cost. Such remedial action shall be selected and performed with the concurrence of the Commission and in consultation, as appropriate, with the Indian tribe and the Secretary of the Interior. Residual radioactive material from a processing site designated under this subchapter may be disposed of at a facility licensed under title II under the administrative and technical requirements of such title. Disposal of such material at such a site in accordance with such requirements shall be considered to have been done in accordance with the administrative and technical requirements of this subchapter.
(2) The Secretary shall use technology in performing such remedial action as will insure compliance with the general standards promulgated by the Administrator under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] and will assure the safe and environmentally sound stabilization of residual radioactive materials, consistent with existing law.
(3) Notwithstanding paragraphs (1) and (2) of this subsection, after October 31, 1982, if the Administrator has not promulgated standards under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] in final form by such date, remedial action taken by the Secretary under this subchapter shall comply with the standards proposed by the Administrator under such section 275 a. until such time as the Administrator promulgates the standards in final form.
(b) Mineral concentration evaluation; terms and conditions for mineral recovery; payment of Federal and State share of net profits; recovery costs; licenses
(Pub. L. 95–604, title I, § 108, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 97–415, § 18(b), Jan. 4, 1983, 96 Stat. 2078; Pub. L. 104–259, § 4(b), Oct. 9, 1996, 110 Stat. 3174.)
§ 7919. Rules
The Secretary may prescribe such rules consistent with the purposes of this chapter as he deems appropriate pursuant to title V of the Department of Energy Organization Act [42 U.S.C. 7191 et seq.].
(Pub. L. 95–604, title I, § 109, Nov. 8, 1978, 92 Stat. 3030.)
§ 7920. Enforcement
(a) Civil penalty; appellate review; action to recover civil penalty; sovereign immunity; equitable remedies
(1) Any person who violates any provision of this subchapter or any cooperative agreement entered into pursuant to this subchapter or any rule prescribed under this chapter concerning any designated processing site, disposition site, or remedial action shall be subject to an assessment by the Secretary of a civil penalty of not more than $1,000 per day per violation. Such assessment shall be made by order after notice and an opportunity for a public hearing, pursuant to section 554 of title 5.
(2) Any person against whom a penalty is assessed under this section may, within sixty calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct.
(3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. Section 7172(d) of this title shall not apply with respect to the functions of the Secretary under this section.
(4) No civil penalty may be assessed against the United States or any State or political subdivision of a State or any official or employee of the foregoing.
(5) Nothing in this section shall prevent the Secretary from enforcing any provision of this subchapter or any cooperative agreement or any such rule by injunction or other equitable remedy.
(b) Atomic energy licensing requirements
(Pub. L. 95–604, title I, § 110, Nov. 8, 1978, 92 Stat. 3030.)
§ 7921. Public participation; public hearings
In carrying out the provisions of this subchapter, including the designation of processing sites, establishing priorities for such sites, the selection of remedial actions, and the execution of cooperative agreements, the Secretary, the Administrator, and the Commission shall encourage public participation and, where appropriate, the Secretary shall hold public hearings relative to such matters in the States where processing sites and disposal sites are located.
(Pub. L. 95–604, title I, § 111, Nov. 8, 1978, 92 Stat. 3031.)
§ 7922. Termination of authority of Secretary
(a) Exceptions; “byproduct material” defined
(1) The authority of the Secretary to perform remedial action under this subchapter shall terminate on September 30, 1998, except that—
(A) the authority of the Secretary to perform groundwater restoration activities under this subchapter is without limitation, and
(B) the Secretary may continue operation of the disposal site in Mesa County, Colorado (known as the Cheney disposal cell) for receiving and disposing of residual radioactive material from processing sites and of byproduct material from property in the vicinity of the uranium milling site located in Monticello, Utah, until the Cheney disposal cell has been filled to the capacity for which it was designed, or September 30, 2031, whichever comes first.
(2) For purposes of this subsection, the term “byproduct material” has the meaning given that term in section 2014(e)(2) of this title.
(b) Authorization of appropriations
(Pub. L. 95–604, title I, § 112, Nov. 8, 1978, 92 Stat. 3031; Pub. L. 100–616, § 3, Nov. 5, 1988, 102 Stat. 3193; Pub. L. 102–486, title X, § 1031, Oct. 24, 1992, 106 Stat. 2951; Pub. L. 104–259, § 2, Oct. 9, 1996, 110 Stat. 3173; Pub. L. 116–260, div. Z, title XI, § 11002, Dec. 27, 2020, 134 Stat. 2612.)
§ 7923. Limitation of contractual authority
(Pub. L. 95–604, title I, § 113, Nov. 8, 1978, 92 Stat. 3031.)
§ 7924. Reports to Congress
(a) Information; consultations; separate official views; partial report concerning uranium mill tailings provisions
Beginning on January 1, 1980, and each year thereafter until January 1, 1986, the Secretary shall submit a report to the Congress with respect to the status of the actions required to be taken by the Secretary, the Commission, the Secretary of the Interior, the Administrator, and the States and Indian tribes under this chapter and any amendments to other laws made by this Act. Each report shall—
(1) include data on the actual and estimated costs of the program authorized by this subchapter;
(2) describe the extent of participation by the States and Indian tribes in this program;
(3) evaluate the effectiveness of remedial actions, and describe any problems associated with the performance of such actions; and
(4) contain such other information as may be appropriate.
Such report shall be prepared in consultation with the Commission, the Secretary of the Interior, and the Administrator and shall contain their separate views, comments, and recommendations, if any. The Commission shall submit to the Secretary and Congress such portion of the report under this subsection as relates to the authorities of the Commission under title II of this Act.
(b) Identification of sites; Federal agency jurisdiction; contents; duplication prohibition; use and cooperation respecting other Federal agency information
(c) Uranium mine wastes hazards elimination program
(d) Reports to Congressional committees
(e) Documentation of information; public availability; trade secrets and other disclosure exempt information
(Pub. L. 95–604, title I, § 114, Nov. 8, 1978, 92 Stat. 3032; H. Res. 549, Mar. 25, 1980.)
§ 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 permitted under section 274 of such Act [42 U.S.C. 2021] 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.
(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.)