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42 USC 7924.

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be exercised only to the extent provided in advance in annual author-
ization and appropriation Acts.

REPORTS TO CONGRESS
Sec. 114. (a) Beginning on January 1, 1980, and each year thereafter
until January 1, 1986, the Secretary shall submit a report to the Con-
gress with respect to the status of the actions required to be taken by the
Secretary, the Commission, the Secretary of the Interior, the Adminis-
trator, and the States and Indian tribes under this Act and any amend.
ments to other laws made by this Act. Each report shall-

(1) include data on the actual and estimated costs of the pro-
gram authorized by this title;

(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) Not later than July 1, 1979, the Secretary shall provide a report to the Congress which identifies all sites located on public or acquired lands of the United States containing residual radioactive materials and other raidoactive waste (other than waste resulting from the production of electric energy) and specifies which Federal agency has jurisdiction over such sites. The report shall include the identity of property and other structures in the vicinity of such site that are contaminated or may be contaminated by such materials and the actions planned or taken to remove such materials. The report shall describe in what manner such sites are adequately stabilized and otherwise controlled to prevent radon diffusion from such sites into the environment and other environmental harm. If any site is not so stabilized or controlled, the report shall describe the remedial actions planned for such site and the time frame for performing such actions. In preparing the reports under this section, the Secretary shall avoid duplication of previous or ongoing studies and shall utilize all information available from other departments and agencies of the United States respecting the subject matter of such report. Such agencies shall cooperate with the Secretary in the preparation of such report and furnish such information as available to them and necessary for such report

(c) Not later than January 1, 1980, the Administrator, in consultation with the Commission, shåll provide a report to the Congress which identifies the location and potential health, safety, and environmental hazards of uranium mine wastes together with recommendations, if any, for a program to eliminate these hazards.

(d) Copies of the reports required by this section to be submitted to the Congress shall be separately submitted to the Committees on Interior and Insular Affairs and on Interstate and Foreign Commerce

2

Cooperation.

of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(e) The Commission, in cooperation with the Secretary, shall ensure that any relevant information, other than trade secrets and other proprietary 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 title and the subsequent perpetual care of those residual radioactive materials is documented systematically, and made publicly available conveniently for

use.

ACTIVE OPERATIONS; LIABILITY FOR REMEDIAL ACTION

note.

Sec. 115. (a) No amount may be expended under this title with 42 USC 7925. respect to any site licensed by the Commission under the Atomic Energy Act of 1954 or by a State as permitted under section 274 of 42 USC 2011 such Act at which production of any uranium product from ores (other than from residual radioactive materials) takes place.

42 USC 2021. (b) In the case of each processing site designated under this title, Study. 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 the date of the enactment of this Act 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 the date of the enactment of this Act. 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.

TITLE II–URANIUM MILL TAILINGS LICENSING AND

REGULATION DEFINITION

Sec. 201. Section lle. of the Atomic Energy Act of 1954, is amended 42 USC 2014. to read as follows: .e. The term "byproduct material' means (1) any radioactive mate- “Byproduct rial (except special nuclear material) yielded'in or made radioactive material.” by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.”

CUSTODY OF DISPOSAL SITE Sec. 202. (a) (Amends chapter 8 of the Atomic Energy Act of 42 USC 2111 et 1954, which appears in this compilation, by adding a new section seq. 83.]

Effective date. 42 USC 2113 note.

(b) This section shall be effective three years after the enactment of this Act.

(c) The table of contents for chapter 8 of the Atomic Energy Act of 1954, is amended by inserting the following new item after the item relating to section 82:

1 “Sec. 83. Ownership and custody of certain byproduct material and disposal sites.".

AUTHORITY TO ESTABLISH CERTAIN REQUIREMENTS Sec. 203. (Amends section 161 of the Atomic Energy Act of 1934, which appears in this compilation, by adding a new subsection x.]

42 USC 2201.

42 USC 2021.

42 USC 2021.

“Agreement."

Review.

COOPERATION WITH STATES Sec. 204. (a) Section 274 b. of the Atomic Energy Act of 1954, is amended by adding “as defined in section 11 e. (1)" after the words "byproduct materials” in paragraph (1) by renumbering paragraphs (2) and (3) as paragraphs (3) and (4); and by inserting the following new paragraph immediately after paragraph (1):

"72) byproduct materials as defined in section 11 e. (2);". (b) Section 274 d. (2) of such Act is amended by inserting the fol. lowing before the word “compatible”: “in accordance with the requirements of subsection o. and in all other respects”.

(c) Section 274 n. of such Act is amended by adding the following
new sentence at the end thereof: “As used in this section, the term
‘agreement includes any amendment to any agreement.”.
(d) Section 274 j. of such Act is amended-

(1) by inserting “all or part of” after "suspend”;
(2) by inserting“(1)” after “finds that”; and

(3) by adding at the end before the period the following:“, or (2) the State has not complied with one or more of the requirements of this section. The Commission shall periodically review such agreements and actions taken by the States under the agree

ments to ensure compliance with the provisions of this section.". (e) (1) (Amends section 274 of the Atomic Energy Act of 1954, which appears in this compilation, by adding a new subsection o.)

(f) Section 274 c. of such Act is amended by inserting the following new sentence after paragraph (4) thereof: "The Commission shall also retain authority under any such agreement to make a determination that all applicable standards and requirements have been met prior to termination of a license for byproduct material, as defined in section 11 e. (2).”.

(g) Nothing in any amendment made by this section shall preclude any State from exercising any other authority as permitted under the Atomic Energy Act of 1954 respecting any byproduct material, as defined in section 11 e. (2) of the Atomic Energy Act of 1954.

(h) (1) On or before the date three years after the date of the enactment of this Act, notwithstanding any amendment made by this title, any State may exercise any authority under State law respecting byproduct material, as defined in section 11 e. (2) of the Atomic Energy Act of 1954, in the same manner, and to the same extent, as permitted before the enactment of this Act.

42 USC 2021.

42 USC 2014. 42 USC 2021 note.

(2) An agreement entered into with any State as permitted under section 274 of the Atomic Energy Act of 1954 with respect to byproduct material as defined in section 11 e. (2) of such Act, may be entered into at any time after the date of the enactment of this Act but no such agreement may take effect before the date three years after the date of the enactment of this Act.

42 USC 2021 note.

AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPRODUCT

MATERIAL

42 USC 2111 et seq.

Sec. 205. (a) [Amends chapter 8 of the Atomic Energy Act of 1954, which appears in this compilation, by adding a new section 84.]

(b) The first sentence of section 81 of the Atomic Energy Act of 42 USC 2111. 1954, is amended to read as follows: "No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 82 or section 84.". 42 USC 2112.

(c) The table of contents for such chapter 8 is amended by insert- Supra. ing the following new item after the item relating to section 83: "Sec. 84. Authorities of Commission respecting certain byproduct material.".

AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY RESPECTING CERTAIN

BYPRODUCT MATERIAL

Sec. 206. (a) (Amends chapter 19 of the Atomic Energy Act of 42 USC 2021. 1954, which appears in this compilation, by adding a new section 42 USC 2022. 275.]

(b) The table of contents for chapter 19 of the Atomic Energy Act 33 USC 1251 is amended by inserting the following new item after the item relat

42 USC 2018 et ing to section 274:

seg. "Bec. 275. Health and environmental standards for uranlum mill tallings.".

note.

AUTHORIZATION OF APPROPRIATION FOR GRANTS Sec. 207. There is hereby authorized to be appropriated for fiscal year 1980 to the Nuclear Regulatory Commission not to exceed $500,000 to be used for making grants to States which have entered into agreements with the Commission under section 274 of the Atomic Energy Act of 1954, to aid in the development of State regulatory programs ander such section which implement the provisions of this Act.

EFFECTIVE DATE

Sec. 208. Except as otherwisc provided in this title the amendments 42 USC 2014 made by this title shall take effect on the date of the enactment of note. this Act.

CONSOLIDATION OF LICENSES AND PROCEDURES Sec. 209. The Nuclear Regulatory Commission shall consolidate, to 42 USC 2113 the maximum extent practicable, licenses and licensing procedures note. under amendments made by this title, with licenses and licensing procedures under other authorities contained in the Atomic Energy Act of 1954.

42 USC 2011

note.

TITLE III-STUDY AND DESIGNATION OF TWO MILL

TAILINGS SITES IN NEW MEXICO

STUDY

42 USC 7941.

42 USC 2021.

Report to
Congress.

Sec. 301. The Commission, in consultation with the Attorney General and the Attorney General of the State of New Mexico, shall conduct a study to determine the extent and adequacy of the authority 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) or under State authority as permitted under section 274 of such Act or under other provision of law, the owners of the following active uranium mill sites to undertake appropriate action to regulate and control all residual radioactive materials at such sites to protect public health, safety, and the environment: the former Homestake-New Mexico Partners site near Milan, New Mexico, 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 enactment of this Act, together with such recommendations as may be appropriate. If the Commission determines that such authority is not adequate to regulate and control such materials at such sites in the manner provided in the first sentence of this section, the Commission shall include in the report a statement of the basis for such determination. Nothing in this Act shall be construed to prevent or delay action by a State as permitted under section 274 of the Atomic Energy Act of 1954 or under any other provision of law or by the Commission to regulate such residual radioactive materials at such sites prior to completion of such study.

DESIGNATION BY SECRETARY

42 USC 7942.

Sec. 302. (a) Within ninety days from the date of his receipt of the report and recommendations submitted by the Commission under section 301, notwithstanding the limitations contained in section 101 (6)(A) and in section 115(a), 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 301, the Secretary may designate either or both of the sites referred to in section 301 as a processing site for purposes of title I. Following such designation, the Secretary may enter into cooperative agreements with New Mexico to perform remedial action pursuant to such title 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 designation shall be submitted by the Secretary, together 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 Interstate and Foreign Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.

(b) (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 session

Submittal to congressional committees.

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