ending September 30, 1984; $28,665,000 for the fiscal year ending September 30, 1985 1 $27,760,000 for the fiscal year ending September 30, 1986; $29,009,000 for the fiscal year ending September 30, 1987; $28,235,000 for the fiscal year ending September 30, 1988; $31,634,000 for the fiscal year ending September 30, 1989; $38,454,000 for the fiscal year ending September 30, 1990. Of the amounts authorized for Engineering under section 101(d)(1)(B) of the National Science Foundation Authorization Act of 1988, $24,000,000 is authorized for carrying out this chapter for the fiscal year ending September 30, 1991, and of the amounts authorized for Geosciences 2 under section 101(d)(1)(D) of the National Science Foundation Authorization Act of 1988, $13,000,000 is authorized for carrying out this chapter for the fiscal year ending September 30, 1991. Of the amounts authorized for Research and Related Activities under section 101(e)(1) of the National Science Foundation Authorization Act of 1988, $29,000,000 is authorized for engineering research under this chapter, and $14,750,000 is authorized for geosciences research under this chapter, for the fiscal year ending September 30, 1992. Of the amounts authorized for Research and Related Activities under section 101(f)(1) of the National Science Foundation Authorization Act of 1988, $34,500,000 is authorized for engineering research under this chapter, and $17,500,000 is authorized for geosciences research under this chapter, for the fiscal year ending September 30, 1993. There are authorized to be appropriated, out of funds otherwise authorized to be appropriated to the National Science Foundation: (1) $16,200,000 for engineering research and $10,900,000 for geosciences research for the fiscal year ending September 30, 1995, and (2) $16,686,000 for engineering research and $11,227,000 for geosciences research for the fiscal year ending September 30, 1996. (d) National Institute of Standards and Technology To enable the National Institute of Standards and Technology to carry out responsibilities that may be assigned to it under this chapter, there are authorized to be appropriated $425,000 for the fiscal year ending September 30, 1981; $425,000 for the fiscal year ending September 30, 1982; $475,000 for the fiscal year ending September 30, 1983; $475,000 for the fiscal year ending September 30, 1984; $498,750 for the fiscal year ending September 30, 19851 $499,000 for the fiscal year ending September 30, 1986; $521,000 for the fiscal year ending September 30, 1987; $525,000 for the fiscal year ending September 30, 1988; $525,000 for the fiscal year ending September 30, 1989; $2,525,000 for the fiscal year ending September 30, 1990; $1,000,000 for the fiscal year ending September 30, 1991; $3,000,000 for the fiscal year ending September 30, 1992; and $4,750,000 for the fiscal year ending September 30, 1993. There are authorized to be appropriated, out of funds otherwise authorized to be appropriated to the National Institute of Standards and Technology, $1,900,000 for the fiscal year * So in original. Probably should not be capitalized. ending September 30, 1995, and $1,957,000 for the fiscal year ending September 30, 1996. (e) Funds for certain required adjustments For each of the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, there are authorized to be appropriated such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by the preceding provisions of this section. (f) Availability of funds Funds appropriated for fiscal years 1991, 1992, and 1993 pursuant to this section shall remain available until expended. (Pub. L. 95-124, § 12, formerly § 7, Oct. 7, 1977, 91 Stat. 1102; Pub. L. 96-472, title I, § 103, Oct. 19, 1980, 94 Stat. 2259; Pub. L. 97-80, title I, § 101, Nov. 20, 1981, 95 Stat. 1081; Pub. L. 97-464, title I, § 101, Jan. 12, 1983, 96 Stat. 2533; Pub. L. 98-241, title I, § 101, Mar. 22, 1984, 98 Stat. 95; Pub. L. 99-105, §§ 1-4, Sept. 30, 1985, 99 Stat. 475; Pub. L. 100-252, § 1, Feb. 29, 1988, 102 Stat. 18; Pub. L. 100-418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; renumbered § 12 and amended Pub. L. 101-614, §§ 7(1), 12, Nov. 16, 1990, 104 Stat. 3236, 3240; Pub. L. 103-374, § 1, Oct. 19, 1994, 108 Stat. 3492.) REFERENCES IN TEXT Section 101(d)(1)(B), (D), (e)(1), and (f)(1) of the National Science Foundation Authorization Act of 1988, referred to in subsec. (c), is section 101(d)(1)(B), (D), (e)(1), and (f)(1) of Pub. L. 100-570, Oct. 31, 1988, 102 Stat. 2865, 2866, which is not classified to the Code. AMENDMENTS 1994-Subsec. (a)(7). Pub. L. 103-374, § 1(1), inserted "of the Agency" after "to the Director", struck out "and" after "September 30, 1992,", and inserted before period at end ", $25,000,000 for the fiscal year ending September 30, 1995, and $25,750,000 for the fiscal year ending September 30, 1996" after "September 30, 1993". Subsec. (b). Pub. L. 103-374, § 1(2), struck out "and" after "September 30, 1992;" and inserted before period at end"; $49,200,000 for the fiscal year ending September 30, 1995; and $50,676,000 for the fiscal year ending September 30, 1996". Subsec. (c). Pub. L. 103-374, § 1(3), inserted at end "There are authorized to be appropriated, out of funds otherwise authorized to be appropriated to the National Science Foundation: (1) $16,200,000 for engineering research and $10,900,000 for geosciences research for the fiscal year ending September 30, 1995, and (2) $16,686,000 for engineering research and $11,227,000 for geosciences research for the fiscal year ending September 30, 1996." Subsec. (d). Pub. L. 103-374, § 1(4), inserted at end "There are authorized to be appropriated, out of funds otherwise authorized to be appropriated to the National Institute of Standards and Technology, $1,900,000 for the fiscal year ending September 30, 1995, and $1,957,000 for the fiscal year ending September 30, 1996." 1990-Subsec. (a)(7). Pub. L. 101-614, § 12(1), substituted "carry out this chapter" for "carry out the provisions of sections 7704 and 7705 of this title", substituted "$8,798,000" for "and $5,798,000", and inserted before period at end ", $14,750,000 for the fiscal year ending September 30, 1991, $19,000,000 for the fiscal year ending September 30, 1992, and $22,000,000 for the fiscal year ending September 30, 1993". Subsec. (b). Pub. L. 101-614, § 12(2), substituted "$55,283,000" for "and $43,283,000" and inserted before period at end ", of which $8,000,000 shall be for earthquake investigations under section 7705e of this title; $50,000,000 for the fiscal year ending September 30, 1991; $54,500,000 for the fiscal year ending September 30, 1992; and $62,500,000 for the fiscal year ending September 30, 1993”. Subsec. (c). Pub. L. 101-614, § 12(3), substituted "$38,454,000" for "and $35,454,000" and inserted at end "Of the amounts authorized for Engineering under section 101(d)(1)(B) of the National Science Foundation Authorization Act of 1988, $24,000,000 is authorized for carrying out this chapter for the fiscal year ending September 30, 1991, and of the amounts authorized for Geosciences under section 101(d)(1)(D) of the National Science Foundation Authorization Act of 1988, $13,000,000 is authorized for carrying out this chapter for the fiscal year ending September 30, 1991. Of the amounts authorized for Research and Related Activities under section 101(e)(1) of the National Science Foundation Authorization Act of 1988, $29,000,000 is authorized for engineering research under this chapter, and $14,750,000 is authorized for geosciences research under this chapter, for the fiscal year ending September 30, 1992. Of the amounts authorized for Research and Related Activities under section 101(f)(1) of the National Science Foundation Authorization Act of 1988, $34,500,000 is authorized for engineering research under this chapter, and $17,500,000 is authorized for geosciences research under this chapter, for the fiscal year ending September 30, 1993." Subsec. (d). Pub. L. 101-614, § 12(4), substituted "National Institute of Standards and Technology" for "National Bureau of Standards" in heading and for "Bureau" in text, substituted "$2,525,000" for "and $525,000", and inserted before period at end "; $1,000,000 for the fiscal year ending September 30, 1991; $3,000,000 for the fiscal year ending September 30, 1992; and $4,750,000 for the fiscal year ending September 30, 1993". Subsec. (f). Pub. L. 101-614, § 12(5), added subsec. (f). 1988-Subsec. (a)(2)(G). Pub. L. 100-418 substituted "Institute" for "Bureau". Subsec. (a)(7). Pub. L. 100-252, § 1(a), added par. (7). Subsec. (b). Pub. L. 100-252, § 1(b), struck out "and" after "1986;" and inserted "; $38,540,000 for the fiscal year ending September 30, 1988; $41,819,000 for the fiscal year ending September 30, 1989; and $43,283,000 for the fiscal year ending September 30, 1990". Subsec. (c). Pub. L. 100-252, § 1(c), struck out "and" after "1986;" and inserted "; $28,235,000 for the fiscal year ending September 30, 1988; $31,634,000 for the fiscal year ending September 30, 1989; and $35,454,000 for the fiscal year ending September 30, 1990". Subsec. (d). Pub. L. 100-252, § 1(d), struck out "and" after "1986;" and inserted "; $525,000 for the fiscal year ending September 30, 1988; $525,000 for the fiscal year ending September 30, 1989; and $525,000 for the fiscal year ending September 30, 1990". 1985-Subsec. (a)(6). Pub. L. 99-105, § 1, added par. (6). Subsec. (b). Pub. L. 99-105, § 2, substituted a semicolon for ", and" after "1984" and inserted "$35,578,000 for the fiscal year ending September 30, 1986; and $37,179,000 for the fiscal year ending September 30, 1987". Subsec. (c). Pub. L. 99-105, 3, struck out "and" after "1984;" and inserted "$27,760,000 for the fiscal year ending September 30, 1986; and $20,009,000 for the fiscal year ending September 30, 1987". Subsec. (d). Pub. L. 99-105, § 4, struck out "and" after "1984;" and inserted "$499,000 for the fiscal year ending September 30, 1986; and $521,000 for the fiscal year ending September 30, 1987". 1984-Subsec. (a). Pub. L. 98-241, § 101(a), added par. (5). Subsec. (b). Pub. L. 98-241, § 101(b), struck out "and" after "1982;" and inserted"; $35,524,000 for the fiscal year ending September 30, 1984, and $37,300,200 for the fiscal year ending September 30, 1985". Subsec. (c). Pub. L. 98-241, § 101(c), struck out "and" after "1982;" and inserted "; $25,800,000 for the fiscal year ending September 30, 1984; and $28,665,000 for the fiscal year ending September 30, 1985". Subsec. (d). Pub. L. 98-241, § 101(d), struck out "and" after "1982;" and inserted "; $475,000 for the fiscal year ending September 30, 1984; and $498,750 for the fiscal year ending September 30, 1985". Subsec. (e). Pub. L. 98-241, § 101(e), substituted "1982," for "1982 and" and inserted "September 30, 1984, and September 30, 1985,". 1983-Subsec. (a)(4). Pub. L. 97-464, § 101(a), added par. (4). Subsecs. (b) to (d). Pub. L. 97-464, § 101(b)-(d), inserted authorization for fiscal year ending Sept. 30, 1983. Subsec. (e). Pub. L. 97-464, § 101(e), substituted "each of the fiscal years ending September 30, 1982 and September 30, 1983" for "the fiscal year ending September 30, 1982". 1981-Subsec. (a)(3). Pub. L. 97-80, § 101(a), added par. (3). Subsecs. (b) to (d). Pub. L. 97-80, § 101(b)-(d), inserted authorization for fiscal year ending Sept. 30, 1982. Subsec. (e). Pub. L. 97-80, § 101(e), added subsec. (e). 1980-Subsec. (a). Pub. L. 96-472, § 103(a), designated existing provisions as par. (1) and added par. (2). Subsecs. (b), (c). Pub. L. 96-472, § 103(b), (c), inserted authorization for fiscal year ending Sept. 30, 1981. Subsec. (d). Pub. L. 96-472, § 103(d), added subsec. (d). CHAPTER 87-WATER RESEARCH AND DEVELOPMENT 88 7801, 7802. Repealed. Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101 Section 7801, Pub. L. 95-467, § 2, Oct. 17, 1978, 92 Stat. 1305, set out Congressional findings and declarations for a water research and development program. Section 7802, Pub. L. 95-467, § 3, Oct. 17, 1978, 92 Stat. 1305, set out Congressional statement of purpose. For similar provisions, see section 10301 et seq. of this title. SAVINGS PROVISION Section 110(b) of Pub. L. 98-242 provided that: "Rules and regulations issued prior to the date of enactment of this Act [Mar. 22, 1984] under the authority of Public Law 95-467 [this chapter] shall remain in full force and effect under this Act [repealing this chapter and enacting chapter 109 (§ 10301 et seq.) of this title] until superseded by new rules and regulations promulgated under this Act." SHORT TITLE Section 1 of Pub. L. 95-467, which provided that Pub. L. 95-467 was to be cited as the "Water Research and Development Act of 1978", was repealed by section 110(a) of Pub. L. 98-242. SUBCHAPTER I-WATER RESOURCES RESEARCH AND DEVELOPMENT 88 7811 to 7819. Repealed. Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101 Section 7811, Pub. L. 95-467, title I, § 101, Oct. 17, 1978, 92 Stat. 1306, related to establishment of research and technology institutes. Section 7812, Pub. L. 95-467, title I, § 102, Oct. 17, 1978, 92 Stat. 1307, authorized use of appropriated funds for printing and publishing of program results, and planning, coordinating, and conducting of cooperative research. Section 7813, Pub. L. 95-467, title I, § 103, Oct. 17, 1978, 92 Stat. 1308, set out responsibilities of Secretary of the Interior in prescribing procedures, rules, and regulations, and in developing a 5-year water resource research program. Section 7814, Pub. L. 95-467, title I, § 104, Oct. 17, 1978, 92 Stat. 1308, related to non-impairment of legal relationship between State governments and educational institutions involved in water research and to prohibition with regard to any Federal control of educational institutions. Section 7815, Pub. L. 95-467, title I, § 105, Oct. 17, 1978, 92 Stat. 1308, provided for making of grants and contracts. Section 7816, Pub. L. 95-467, title I, § 106, Oct. 17, 1978, 92 Stat. 1309, set out range of program issues and provided for due consideration to be given to priority problems. Section 7817, Pub. L. 95-467, title I, § 107, Oct. 17, 1978, 92 Stat. 1309, defined "State". Section 7818, Pub. L. 95-467, title I, § 108, Oct. 17, 1978, 92 Stat. 1309, authorized advance payment of initial expenses. Section 7819, Pub. L. 95-467, title I, § 109, Oct. 17, 1978, 92 Stat. 1309, provided for study and design of water resources programs and activities and for reports to Congress. For similar provisions, see section 10301 et seq. of this title. §§ 7831 to 7835. Repealed. Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101 Section 7831, Pub. L. 95-467, title II, § 200, Oct. 17, 1978, 92 Stat. 1310, set out Congressional findings and declaration of policy in establishing a program for water research and development for saline and other impaired waters. Section 7832, Pub. L. 95-467, title II, § 201, Oct. 17, 1978, 92 Stat. 1310, set out functions of the Secretary. Section 7833, Pub. L. 95-467, title II, § 202, Oct. 17, 1978, 92 Stat. 1310, set out additional functions of the Secretary with regard to demonstrations and prototype plants, utilization of Federal expertise, and financial assistance from State or public agencies. Section 7834, Pub. L. 95-467, title II, § 203, Oct. 17, 1978, 92 Stat. 1311, authorized the Secretary to issue rules and regulations to carry out this subchapter. Section 7835, Pub. L. 95-467, title II, § 204, Oct. 17, 1978, 92 Stat. 1311, defined "saline and other impaired water", "United States", "pilot plant", "demonstration", and "prototype". For similar provisions, see section 10301 et seq. of this title. § 7836. Transferred CODIFICATION Section, Pub. L. 95-84, § 2, Aug. 2, 1977, 91 Stat. 400; Pub. L. 95-467, title II, § 205(a), (b), Oct. 17, 1978, 92 Stat. 1311; Pub. L. 96-457, § 3, Oct. 15, 1980, 94 Stat. 2032; Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101, which directed Secretary of the Interior to construct facilities demonstrating the engineering and economic viability of various desalting processes, was transferred, and is set out as a Desalting Plants note under section 10301 of this title. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS Section 205(c) of Pub. L. 95-467, which authorized an appropriation of $10,000,000 to remain available until expended for the fiscal year ending Sept. 30, 1980, and thereafter in addition to sums previously au thorized to be appropriated to carry out the purpose of this section, was repealed by Pub. L. 96-457, § 4, Oct. 15, 1980, 94 Stat. 2034, and Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101. SUBCHAPTER III-TECHNOLOGY TRANSFER AND INFORMATION DISSEMINATION §§ 7851 to 7853. Repealed. Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101 Section 7851, Pub. L. 95-467, title III, § 300, Oct. 17, 1978, 92 Stat. 1312, provided for creation and operation of a research assessment and technology transfer program. Section 7852, Pub. L. 95-467, title III, § 301, Oct. 17, 1978, 92 Stat. 1312, authorized the Secretary to maintain a national center for acquisition, processing, and dissemination of information dealing with all areas of water research. Section 7853, Pub. L. 95-467, title III, § 302, Oct. 17, 1978, 92 Stat. 1312, provided for establishment of a center for cataloging current scientific research in all fields of water resources. For similar provisions, see section 10301 et seq. of this title. SUBCHAPTER IV-GENERAL PROVISIONS §§ 7871 to 7883. Repealed. Pub. L. 98-242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101 Section 7871, Pub. L. 95-467, title IV, § 400, Oct. 17, 1978, 92 Stat. 1313, enumerated powers of Secretary of the Interior in carrying out this chapter. Section 7872, Pub. L. 95-467, title IV, § 401, Oct. 17, 1978, 92 Stat. 1313; Pub. L. 96-457, §§ 1, 2(a), Oct. 15, 1980, 94 Stat. 2032, authorized appropriation of funds for programs under sections 7811(a) and (c), 7815(a) and (b), and 7819 of this title. Section 7873, Pub. L. 95-467, title IV, § 402, Oct. 17, 1978, 92 Stat. 1314; Pub. L. 96-457, § 2(b)(1), Oct. 15, 1980, 94 Stat. 2032, authorized appropriation of funds for research, development, and demonstration plants. Section 7874, Pub. L. 95-467, title IV, § 403, Oct. 17, 1978, 92 Stat. 1314; Pub. L. 96-457, § 2(b)(2), Oct. 15, 1980, 94 Stat. 2032, authorized appropriation of funds for programs conducted under this chapter for which there were no specific appropriations. Section 7875, Pub. L. 95-467, title IV, § 404, Oct. 17, 1978, 92 Stat. 1314, related to grant applications, approval of applications by the Secretary, and the basis of approvals. Section 7876, Pub. L. 95-467, title IV, § 405, Oct. 17, 1978, 92 Stat. 1315, related to payments to institutes and accounting for such payments. Section 7877, Pub. L. 95-467, title IV, § 406, Oct. 17, 1978, 92 Stat. 1315, related to cooperation in research programs between Federal agencies, State and local governments, private institutions, and individuals. Section 7878, Pub. L. 95-467, title IV, § 407, Oct. 17, 1978, 92 Stat. 1316, authorized conveyance of property acquired by the Secretary to a cooperating institute, educational institution, or cooperating nonprofit organization, and empowered the Secretary to dispose of water and byproducts resulting from operations under this chapter. Section 7879, Pub. L. 95-467, title IV, § 408, Oct. 17, 1978, 92 Stat. 1316, set out policy under this chapter with regard to patents. Section 7880, Pub. L. 95-467, title IV, § 409, Oct. 17, 1978, 92 Stat. 1316, provided for annual reports to the Secretary by various water research institutes. Section 7881, Pub. L. 95-467, title IV, § 410, Oct. 17, 1978, 92 Stat. 1316, provided that the chapter was not intended to repeal, supersede, or diminish existing authorities of agencies concerning water resources, or to be construed to alter existing law with respect to ownership and control of water. Section 7882, Pub. L. 95-467, title IV, § 411, Oct. 17, 1978, 92 Stat. 1317, Pub. L. 96-457, § 2(b)(3), Oct. 15, 1980, 94 Stat. 2032, provided for transmittal of rules, regulations, etc., to the Speaker of the House and President of the Senate. Section 7883, Pub. L. 95-467, title IV, § 412, Oct. 17, 1978, 92 Stat. 1317, provided that authority to enter into contracts or cooperative agreements and to make payments under this chapter was effective only to the extent or in such amounts as were provided in advance in appropriations acts. For prior provisions, see section 10301 of this title. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982 TO 1984 Pub. L. 97-35, title XVIII, § 1807(b), Aug. 13, 1979, 95 Stat. 765, provided that no funds were authorized to be appropriated to the Secretary of the Interior for the purposes of water resources research and development, saline water research, development, and demonstration, and associated activities in excess of $23,650,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. Sec. 7915. 7916. 7917. 7918. Definitions. 7919. 7920. Processing site designations. eral site available. (c) Boundary limitations. (d) Purchasers of sites; notification; rules and regulations. (e) State disposition; terms and conditions; fair market value; offer of sale to prior owner. (f) Transfer of title to Secretary; payment from funds for administrative and legal costs; custody of property; compliance with health and environmental standards for uranium mill tailings; transfer of title restriction. (g) Reimbursement; fair market value; deposits in Treasury. 7925. (h) Subsurface mineral rights; sale, lease, or other disposition; restoration costs for disturbance of residual radioactive materials. Indian tribe cooperative agreements. (a) Authority of Secretary; priorities for remedial action; use of Indian personnel; terms and conditions. (b) Disposition and stabilization sites for residual radioactive materials; transfer to Secretary of the Interior. Acquisition of land by Secretary; transfer of public lands by Secretary of the Interior to Secretary; consultations with Governor; consent of Governor; transfer from Federal agency to Secretary. Financial assistance. (a) Federal and non-Federal funds; administrative costs. (b) Indian land processing sites. Remedial action and mineral recovery activities. (a) General standards for remedial Rules. Enforcement. (a) Civil penalty; appellate review; action to recover civil penalty; sovereign immunity; equitable remedies. (b) Atomic energy licensing require ments. Public participation; public hearings. Termination of authority of Secretary; groundwater restoration activities; annual Department of Energy authorizations; appropriations available for expenditure. Limitation of contractual authority. Reports to Congress. (a) Information; consultations; separate official views; partial report concerning uranium mill tailings provisions. (b) Identification of sites; Federal agency jurisdiction; contents; duplication prohibition; use and cooperation respecting other Federal agency information. (c) Uranium mine wastes hazards elimination program. (d) Reports to Congressional committees. SUBCHAPTER II-STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN NEW MEXICO 7941. Study of authority for regulation and control of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Congress and Secretary; basis for determination of inadequacy of authority; interim regulation pending completion of study. § 7901. Congressional findings and purposes (a) The Congress finds that uranium mill tailings located at active and inactive mill operations may pose a potential and significant radiation health hazard to the public, and that the protection of the public health, safety, and welfare and the regulation of interstate commerce require that every reasonable effort be made to provide for the stabilization, disposal, and control in a safe and environmentally sound manner of such tailings in order to prevent or minimize radon diffusion into the environment and to prevent or minimize other environmental hazards from such tailings. (b) The purposes of this chapter are to provide (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. (Pub. L. 95–604, § 2, Nov. 8, 1978, 92 Stat. 3021.) REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as amended, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note below and Tables. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-616, § 1, Nov. 5, 1988, 102 Stat. 3192, provided: "That this Act [amending sections 7916 and 7922 of this title] may be cited as the 'Uranium Mill Tailings Remedial Action Amendments Act of 1988'." SHORT TITLE Section 1 of Pub. L. 95-604 provided that: "This Act [enacting this chapter and sections 2022, 2113, and 2114 of this title, amending sections 2014, 2021, 2111, and 2201 of this title, and enacting provisions set out as notes under sections 2014, 2021, and 2113 of this title] may be cited as the 'Uranium Mill Tailings Radiation Control Act of 1978'." Regulation of uranium mill tailings at active mill operations, see sections 2113 and 2114 of this title. SUBCHAPTER I-REMEDIAL ACTION PROGRAM SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 2022, 7942 of this title. § 7911. Definitions For purposes of this subchapter (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 [42 U.S.C. 2011 et seq.] or by a State as permitted under section 274 of such Act [42 U.S.C. 2021]) 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 (i) is in the vicinity of such site, and (ii) is determined by the Secretary, in consultation with the Commission, to be contaminated with residual radioactive materials derived from such site. Any ownership or control of an area by a Federal agency which is acquired pursuant to a cooperative agreement under this subchapter shall not be treated as ownership or control by such agency for purposes of subparagraph (A)(1). A license for the production of any uranium product from residual radioactive materials shall not be treated as a license for production from ores within the meaning of subparagraph (A)(ii) if such production is in accordance with section 7918(b) of this title. |