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TITLE II OF PUBLIC LAW 92-314

AN ACT

To authorize appropriations to the Atomic Energy Commission in accordance

with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

TITLE II

Sec. 201. The Congress recognizes and assumes the compassionate responsibility of the United States to provide to the State of Colorado financial assistance to undertake remedial action to limit the exposure of individuals to radiation emanating from uranium mill tailings which have been used as a construction related material in the area of Grand Junction, Colorado.

Sec. 202. The Secretary of Energy is hereby authorized to enter into a cooperative arrangement with the State of Colorado under which the Secretary will provide not in excess of 75 per centum of the costs of a State program, in the area of Grand Junction, Colorado, of assessment of, and appropriate remedial action to limit the exposure of individuals to, radiation emanating from uranium mill tailings which have been used as a construction related material. Such arrangement shall include, but need not be limited to, provisions that require:

(a) that the basis for undertaking remedial action shall be applicable guidelines published by the Surgeon General of the United States;

(b) that the need for and selection of appropriate remedial action to be undertaken in any instance shall be determined by the Secretary upon application by the property owner of record to the State of Colorado within eight years of the date of enactment of this Act and recommendation by and consultation with the State and others as deemed appropriate;

(c) that any remedial action shall be performed by the State of Colorado or its authorized contractor and shall be paid for by the State of Colorado;

(d) that the United States shall be released from any mill tailings related liability or claim thereof upon completion of remedial action or waiver thereof by the property owner of record on behalf of himself, his heirs, successors, and assigns; and further, the United States shall be held harmless against any claim arising out of the performance of any remedial action;

(e) that the State of Colorado shall retain custody and control of and responsibility for any uranium mill tailings removed from any site as part of remedial action;

(f) that the law of the State of Colorado shall be applied to determine all questions of title, rights of heirs, trespass, and so

forth;

(g) that the Secretary of Energy shall be provided such reports, accounting, and rights of inspection as the Secretary deems appropirate;

(h) that, notwithstanding any requirement under subsection (b) or (c) of this section, payment for any remedial action commenced before the date of the enactment of this subsection may be made by the State to the property owner of record at the time such action was undertaken, but only if application therefor is filed by such owner with the State of Colorado within one year after such date of enactment and if the Secretary determines that such remedial action was undertaken in accordance with otherwise applicable provisions of this title and regulations thereunder; and

(i) that the provision of subsection (c) of this section requiring any remedial action undertaken under this title be performed by the State of Colorado or its authorized contractor may be waived in writing by the State, with the approval of the Secretary, but only if application therefor is filed with the State by the property owner of record requesting such waiver and such waiver is granted before the commencement of such remedial

action : Provided, That before such arrangement or amendment thereto shall become effective, it shall be submitted to both Houses of Congress and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however, That both Houses of Congress, after having received the arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such thirty-day period.

SEC. 203. The Secretary of Energy shall prescribe such rules and regulations as he deems necessary and appropriate to carry out the provisions of this title II. Notwithstanding the provisions of subsection (a)(2) of section 553 of title 5, United States Code, such rules and regulations shall be subject to the notice and public participation requirements of that section.

EC. 204. For the purpose of carrying out the provisions of this title II, there is included in subsection 101 (a) of this Act authorization of appropriations in the amount of $5,000,000.

SEC. 205. Not later than one year after the date of the enactment of this section, the Secretary of Energy shall prepare and submit a detailed report to the Committees on Interstate and Foreign Commerce and on the Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate with respect to actions taken or to be taken under this title, including data on payments made to the State and owners of record and a time table of those actions yet to be taken.

URANIUM MILL TAILINGS CONTROL ACT OF 1978

URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978

An Act

To authorize the Secretary of Energy to enter into cooperative agreements

with certain States respecting residnal radioactive material at existing sites, to provide for the regulation of uranium mill tallings under the Atomic Energy Act of 1954, and for other purposes.

Nov. 8, 1978 (H.R. 13650]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

Uranium Mill

Tailings
SHORT TITLE AND TABLE OP CONTENTS

Radiation Control

Act of 1978. SECTION 1. This Act may be cited as the "Uranium Mill Tailings 42 USC 7901 Radiation Control Act of 1978”.

note.

TABLE OF CONTENTS

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.

TITLE I-REMEDIAL ACTION PROGRAM

Sec. 101. Definitions.
Sec. 102. Designation of processing sites.
Sec. 103. State cooperative agreements.
Sec. 104. Acquisition and disposition of land and materials.
Sec. 105. Indian tribe cooperative agreements.
Sec. 106. Acquisition of lands by Secretary.
Sec. 107. Financial assistance.
Sec. 108. Remedial action.
Sec. 109. Rules.
Sec. 110. Enforcement.
Sec. 111. Public participation.
Sec. 112. Termination, authorization.
Sec. 113. Limitation.
Sec. 114. Reports to Congress.
Sec. 115. Active operations; liability for remedial action.

TITLE II—URANIUM MILL TAILINGS LICENSING AND REGULATIONS

Sec. 201. Definition.
Sec. 202. Custody of disposal site.
Sec. 203. Authority to establish certain requirements.
Sec. 204. Cooperation with States.
Sec. 205. Authorities of Commission respecting certain byproduct material.
Sec. 208. Authority of Environmental Protection Agency respecting certain

byproduct material.
Sec. 207. Authorization of appropriations for grants.
Sec. 208. Effective date.
Sec. 209. Consolidation of licenses and procedures.

TITLE III-STUDY AND DESIGNATION OF TWO MILL TAILINGS SITES

IN NEW MEXICO
Sec. 301. Study.
Sec. 302. Designation by Secretary.

FINDINGS AND PURPOSES

Sec. 2. (a) The Congress finds that uranium mill tailings located at 42 USC 7901. active and inactive mill operations may pose a potential and significant radiation health hazard to the public, and that the protection of

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