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the public health, safety, and welfare and the regulation of interstate
(1) in cooperation with the interested States, Indian tribes, and the
persons who own or control 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 hazards to the public, and
(2) a program to regulate mill tailings during uranium or thorium ore processing at active mill operations and after termination of such operations in order to stabilize and control such tailings in a safe and environmentally sound manner and to minimize or eliminate radiation health hazards to the public.
TITLE I-REMEDIAL ACTION PROGRAM
42 USC 7911.
Sec. 101. For purposes of this title
(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 or by a State as permitted under section 274 of such Act) 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
42 USC 2011 note. 42 USC 2021.
(i) is in the vicinity of such site, and
radioactive materials derived from such site.
(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 lowgrade 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 of the United States Code.
(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.
DESIGNATION OF PROCESSING SITES
Sec. 102. (a) (1) As soon as practicable, but no later than one year 42 USC 7912.
Salt Lake City, Utah
Remedial action. Subject to the provisions of this title, the Secretary shall complete
remedial action at the above listed sites before his authority terminates under this title. The Secretary shall within one year of the date of enactment of this Act also designate all other processing sites within the United States which he determines requires remedial action to carry out the purposes of this title. 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 86 Stat. 222. authorized under Public Law 92-314 in Grand Junction, Colorado,
may be designated by the Secretary as a processing site under this
section. Health hazard (b) Within one year from the date of the enactment of this Act, 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. Notification. (c) 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) The designations made, and priorities established, by the Secretary under this section shall be final and not be subject to judicial review.
(e) (1) The designation of processing sites within one year after enactment under this section shall include, to the maximum extent practicable, the areas referred to in section 101 (6)(B).
(2) Notwithstanding the one year limitation contained in this section, the Secretary may, after such one year period, include any areg described in section 10i (6) (B) 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 title.
STATE COOPERATIVE AGREEMENTS
42 USC 7913.
Sec. 103. (a) After notifying a State of the designation referred to in section 102 of this title, the Secretary subject to section 113, is authorized 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 referred to in section 105). 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 102. The Secretary shall commence preparations for cooperative agreements with respect to each designated processing site as promptly as practicable following the designation of each site.
(b) Each cooperative agreement under this section shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this Act, including, but not limited
to, a limitation on the use of Federal assistance to those costs which are directly required to complete the remedial action selected pursuant to section 108.
(c)(1) Except where the State is required to acquire the processing Written consent. site as provided in subsection (a) of section 107, each cooperative agreement with a State under section 103 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 Waiver. 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) Each cooperative agreement under this section shall require the State to assure that the Secretary, the Commission, and the Administrator and their authorized representatives have a permanent right of entry at any time to inspect the processing site and the site provided pursuant to section 104(b)(1) in furtherance of the provisions of this title and to carry out such agreement and enforce this Act and any rules prescribed under this Act. Such right of entry under this section or section 106 into an area described in section 101 (6)(B) shall terminate on completion of the remedial action, as determined by the Secretary.
() Each agreement under this section shall take effect only upon the concurrence of the Commission with the terms and conditions thereof.
(f) The Secretary may, in any cooperative agreement entered into under this section or section 105, 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 101 (6) (B). 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 enactment of this Act, and unless the application for such reimbursement was filed by such owner within one year after an agreement under this section or section 105 is approved by the Secretary and the Commission, and
(2) the Secretary is satisfied that such action adequately achieves the purposes of this Act with respect to the site concerned and is consistent with the standards established by the Administrator pursuant to section 275(a) of the Atomic Energy Act of 1954,
ACQUISITION AND DISPOSITION OF LANDS AND MATERIALS Sec. 104. (a) Each cooperative agreement under section 103 shall 42 USC 7914. require the State, where determined appropriate by the Secretary with the concurrence of the Commission, to acquire any designated process
ing 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. Residual
(b) (1) If the Secretary with the concurrence of the Commission radioactive determines that removal of residual radioactive material from a procmaterial, removal. essing 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 106 (a) (2) is designated by the Secretary, with the concurrence of the Commission, for such disposition and stabilization.
(c) 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 section 101 (6) (A), and
(2) the site used for disposition of the residual radioactive materials. (d) In the case of each processing site designated under this title other than a site designated on Indian land, the State shall take such action as may be necessary, and pursuant to regulations of the Secretary under this subsection, to assure that any person who purchases such a processing site after the removal of radioactive materials from such site shall be notified in an appropriate manner prior to such purchase, of the nature and extent of residual radioactive materials
removed from the site, including notice of the date when such action Notification. took place, and the condition of such site after such action. If the
State is the owner of such site, the State shall so notify any prospec
tive purchaser before entering into a contract, option, or other arrangeRules and ment to sell or otherwise dispose of such site. The Secretary shall regulations. issue appropriate rules and regulations to require notice in the local
land records of the residual radioactive materials which were located at any processing site and notice of the nature and extent of residual radioactive materials removed from the site, including notice of the date when such action took place.
(e) (1) The terms and conditions of any cooperative agreement with a State under section 103 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.