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(d) Any remedial action under this section shall be 2 performed by the Secretary or his authorized contractor and 3 shall be paid for by the Department of Energy. 4 (e) The Nuclear Regulatory Commission shall have the 5 responsibility for the continued custody of any residual radio6 active materials involved in any remedial action effort under

7 this section.

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(f) The United States shall be released from any radio

9 active materials-related liability or claim thereof related to 10 any remedial action taken after the date of enactment of this

11 Act under this section. The preceding sentence shall not 12 affect the trust responsibilities of the Secretary of the Interior 13 as described in subsection (a). 14 (g) The Secretary of the Interior and affected Indian 15 tribes shall provide such reports, accounting, and rights of 16 inspection to the Secretary as the Secretary deems appropri

17 ate under this section.

18

DEPARTMENT OF ENERGY RULES AND REGULATIONS

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SEC. 7. The Secretary may prescribe such rules and reg

20 ulations as he deems necessary and appropriate to carry out

21 the provisions of this Act. Notwithstanding the provisions of 22 subsection (a) (2) of section 553 of title 5, United States

23 Code, such rules and regulations shall be subject to the

24 notice and public participation requirements of that section,

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NUCLEAR REGULATORY COMMISSION STANDARDS AND

2

CRITERIA

3 SEC. 8. (a) The Nuclear Regulatory Commission shall, 4 within one hundred and eighty days after enactment of this 5 Act, establish standards and criteria with respect to all 6 phases of handling and disposal of residual radioactive ma7 terials to assure that the public safety and health and the 8 environment are adequately protected by the remedial action 9 undertaken pursuant to the terms of this Act. 10 (b) The Nuclear Regulatory Commission shall consult 11 with the Environmental Protection Agency in the establish

12 ment of such standards and criteria.

13 (c) The Nuclear Regulatory Commission shall minimize 14 the duplication of effort in the establishment of the standards

15 and criteria developed pursuant to subsections (a) and (b) 16 of this section by insuring that such standards and criteria 17 are consistent, to the maximum extent possible, with the 18 applicable provisions of the Resource Conservation and 19 Recovery Act of 1976, the Clean Air Act of 1970, the 20 National Environmental Policy Act of 1969, and any other 21 Federal law relating to the protection of the environment. 22 Where any provision of the above specified laws or any 23 other Federal law relating to the protection of the environ

24 ment is inconsistent with the standards and criteria estab

25 lished by the Nuclear Regulatory Commission under sub

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1 section (a), such standards and criteria shall control in 2 regulating remedial action undertaken pursuant to this Act. 3

(d) The Nuclear Regulatory Commission shall, pur4 suant to sections 5:(a.) and 7(a), be responsible for deter5 mining compliance with the standards promulgated under 6. subsection (a) of this section and for insuring that the re7 medial actions are performed in conformance with the plan 8 selected pursuant to sections 5.(a) and 7(a) of this Act. 9 (e) Judicial review of the Nuclear Regulatory Com10 mişsion's rulemaking pursuant to subseetion. (a) of this 11° section may be had by any interested person in the United 12 States Court of Appeals of the United States for the Federal 13. jadicial circuit in which such person resides or transacts. 14 business only upon petition for review by such person filed 15 within ninety days from the date of such rulemaking, or 16 after such date only if such petition is based solely on grounds 17 which arose after such ninetieth day. 18 :(f) The Department of Energy shall not commence any 19 remodial action.pursuant to sections 5 (a) and 7 (a) of this 20 Act until ninety days following the promulgation of the 2 standards and criteria established pursuant to subsection (ar)

22 of this sectian.

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ENVIRONMENTAL IMPACT STATEMENTS

24 SEC..9. The Secretary, in eonsultation with the Nuclear 25 Regulatory Commission, the Environmental Protection

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1 Agency, and the State shall be responsible for the prepara2 tion of all environmental impact statements that may be

3 required by the National Environmental Policy Act of 1969, 4 for remedial actions undertaken pursuant to this Act.

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SEC. 10. There are hereby authorized to be appropriated 7 to the Secretary of Energy $15,000,000 for the fiscal year

8 1979, and for subsequent years such sums aš

may

be neces

9 sary, to carry out the purposes of this Act, such sums to 10 remain available until expended.

95TH CONGRESS

2D SESSION

H. R. 13650

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1978 Mr. UDALL (for himself, Mr. LUJAN, Mr. SIIARP, Mr. MARRIOTT, Mr. JOHNSON

of Colorado, Mr. McKay, Mr. VENTO, Mr. KAZEN, Mr. RONCALIO, Mr. BAUMAN, and Mr. RHODES) introduced the following bill; which was referred jointly to the Committees on Interior and Insular Affairs and Interstate and Foreign Commerce

A BILL To authorize the Secretary of Energy to enter into cooperative

agreements with certain States respecting residual radioactive material at existing sites, to provide for the regulation of uranium mill tailings under the Atomic Energy Act of

1954, and for other purposes. 1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the “Uranium Mill Tailings

4 Control Act of 1978”.

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