3 States Nuclear Regulatory Commission, the Atomic 274 of the Atomic Energy Act of 1954 was in effect on, or was issued after, January 1, 1978, for the production of a uranium product derived from ores other than residual radioactive materials. (2) The term "residual radioactive materials" includes (A) low-level radioactive wastes in the form of accumulated tailings resulting from processing of ores for extraction of uranium and other valuable constituents, 3 (B) other radioactive materials related to such extraction such as residual stock of unprocessed ores or low grade materials, and (C) ground in the vicinity of the mill or processing site which ground has become contaminated with radionuclides (including radium-226) derived from the site. (3) The term "Secretary" means the Secretary of Energy. (4) The term "United States" includes the executive departments, the military departments, the independent establishments of the United States, and corporations primarily acting as instrumentalities or 32-331 - 78 - 3 1 2 3 4 agencies of the United States, but does not include any contractor acting under contract with the United States. COOPERATIVE ARRANGEMENTS SEC. 4. The Secretary is authorized and directed to enter 5 into cooperative arrangements with any State referred to 6 in section 2 to provide 100 per centum of the costs of joint 7 Federal-State programs to assess radiation levels at proc8 essing sites and to perform appropriate remedial action to 9 limit exposure of individuals to radiation emanating from 10 residual radioactive materials associated with such sites. 11 12 TERMS SEC. 5. (a) Each arrangement under section 4 shall 13 include terms as may be necessary to carry out the require14 ments of this section. 15 (b) (1) The Secretary shall determine the appropriate 16 remedial action to be taken under section 4 with the con17 currence of the State and the Nuclear Regulatory Com18 mission. Such determination shall be submitted by the Sec19 retary for review and comment to the Environmental Pro20 tection Agency and any other agency or person he deems 21 appropriate. 22 (2) The Secretary may determine under this subsec23 tion that, for some sites, the appropriate remedial action is 24 to move the residual radioactive materials to a more suitable 25 location for long-term stabilization or other disposition. Un 1 2 3 5 less otherwise permitted by the Secretary, the land upon which the residual radioactive materials and processing site is located shall be acquired by the State before a remedial 4 action is undertaken involving the removal of tailings from 5 such site. The requirement for State acquisition shall not 6 apply to 7 8 9 10 11 12 (A) lands in the general vicinity of a processing site which may require decontamination activities as a result of incidental spread of radioactive substances, or (B) lands or structures where radioactive materials removed from the processing site have been used for construction-related purposes. 13 Subject to the Secretary's approval, the requirement for 14 State acquisition of land under this paragraph may be met 15 by means of a purchase option exercisable at any time 16 within two years after remedial work is completed. 17 (3) The United States shall acquire any radioactive 18 materials removed under this subsection. 19 (c) Unless otherwise determined by the Secretary, any 20 remedial action under section 4 shall be performed by the 21 Secretary or his authorized contractor and shall be paid 22 for from amounts available under section 4. 23 (d) The United States shall be released from any 24 radioactive materials-related liability or claim thereof related 6 1 3 to any remedial action taken after the date of enactment of this Act under section 4. (e) Prior to the commencement of any remedial action with respect to any residual radioactive material under 5 section 4, the United States shall acquire any land to be 6 designated as a disposal site for such material. The Secretary, 7 with the concurrence of the Nuclear Regulatory Commission and the State, shall designate the disposal site. The Nuclear 9 Regulatory Commission shall have responsibility for the 10 licensing and long-term care of the disposal site. 8 11 12 (f) The law of the State in which the processing site or disposal site, as the case may be, is located shall be applic 13 to determine all questions of title, rights of heirs, and trespass 14 with respect to such site. 15 (g) The State and any agency or instrumentality of the 16 United States shall provide to the Secretary such reports, 17 accounting, and rights of inspection as the Secretary deems 18 appropriate under this section. 19 20 INDIAN LANDS SEC. 6. (a) The provisions of sections 2, 3, 4, and 5 of 21 this Act shall not apply to the assessment and performance 22 of remedial action in connection with residual radioactive. 23 materials resulting from uranium ore processing operations 24 formerly conducted on lands 1 2 3 4 5 6 7 (1) held in trust by the United States for any Indian, or for any Indian tribe, band, group, pueblo, or community (hereinafter referred to as "Indian tribe"), or (2) owned by any Indian tribe subject to a restric tion against alienation imposed by the United States. 7 With respect to such materials, the Secretary is authorized 8 and directed to enter into cooperative arrangements with 9 the Secretary of the Interior and with the Indian tribes re10 siding on such lands, to provide 100 per centum of the costs 11 of a program to assess radiation levels at processing sites and to perform appropriate remedial action to limit the exposure 13 of individuals to radiation emanating from residual radio14 active materials associated with such sites. 15 (b) The cooperative arrangements referred to in sub16 section (a) shall include such terms as are necessary to 17 carry out the requirements of this section. 18 (c) The Secretary, with the concurrence of the Secre19 tary of the Interior and the Nuclear Regulatory Commission, 20 and upon consultation with the Indian tribe, the Environ21 mental Protection Agency, and any other agency or person 22 he deems appropriate, shall determine the need for, and 23 selection of, appropriate remedial action for purposes of this 24 section. |