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vised standard in the case of any license for byproduct material as defined in section 11 e. (2) or any revision thereof.

in Federal

"c. (1) Before the promulgation of any rule pursuant to Publication this section, the Administrator shall publish the proposed Register. rule in the Federal Register, together with a statement of Notice, hearing the research, analysis, and other available information in opportunity. support of such proposed rule. and provide a period of public comment of at least thirty days for written comments thereon and an opportunity, after such comment period and after public notice, for any interested person to present oral data, views, and arguments at a public hearing. There shall be a transcript of any such hearing. The Administrator shall consult with the Commission Consultation. and the Secretary of Energy before promulgation of any such rule.

"(2) Judicial review of any rule promulgated under Judicial review. this section may be obtained by any interested person only upon such person filing a petition for review within sixty days after such promulgation in the United States court of appeals for the Federal judicial circuit in which such person resides or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of court to the Administrator. The Administrator thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which such rulo was based as provided in section 2112 of title 28, United States Code. The court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate re- 5 USC 701 lief as provided in such chapter. The judgment of the et seq. court affirming, modifying, or setting aside, in whole or in part, any such rule shall be final, subject to judicial review by the Supreme Court of the United States upon. certiorari or certification as provided in section 1254 of title 28, United States Code.

"(3) Any rule promulgated under this section shall not take effect earlier than sixty calendar days after such promulgation.

"d. Implementation and enforcement of the standards. promulgated pursuant to subsection b. of this section shall be the responsibility of the Commission in the conduct of

its licensing activities under this Act. States exercising 42 USC 2021. authority pursuant to section 274 b. (2) of this Act shall implement and enforce such standards in accordance with subsection o. of such section.

"e. Nothing in this Act applicable to byproduct material, as defined in section 11 e. (2) of this Act, shall affect the authority of the Administrator under the Clean Air

Act of 1970, as amended, or the Federal Water Pollution 42 USC 2014. Control Act, as amended.1

1 Public Law 95-604 (92 Stat. 3039) (1978), sec. 206 (a), added sec. 275.

42 USC 7401. note.

42 USC 2258.

Records, transfer.

Repeal.

42 USC 2251 et seq.

Repeal.

42 USC 2315.

31 USC 1302.

Repeal.
Repeal.
2 USC 190j.

42 USC 2259.

"CHAPTER 20. JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED; FUNCTIONS AND RESPONSIBILITIES REASSIGNED 2

"SEC. 301. JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED.

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"a. The Joint Committee on Atomic Energy is abolished.

"b. Any reference in any rule, resolution, or order of the Senate or the House of Representatives or in any law, regulation, or Executive order to the Joint Committee on Atomic Energy shall, on and after the date of enactment of this section, be considered as referring to the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject matter of such refer

ence.

"c. All records, data, charts, and files of the Joint Commitee on Atomic Energy are transferred to the committees of the Senate and House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject maters to which such records, data, charts, and files relate. In the event that any record, data, chart, or file shall be within the jurisdiction of more than one committee, duplicate copies shall be provided upon request.

"SEC. 302. TRANSFERS OF CERTAIN FUNCTIONS OF THE JOINT COMMITTEE ON ATOMIC ENERGY AND CONFORMING AMENDMENTS TO CERTAIN OTHER LAWS.—

"a. Effective on the date of enactment of this section, chapter 17 of this Act is repealed.

"b. Section 103 of the Atomic Energy Community Act of 1955, as amended, is repealed.

"c. Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by

"(1) striking the subsection designation '(a)'; and

"(2) repealing subsection (b).

"d. Section 252 (a) (3) of the Legislative Reorganization Act of 1970 is repealed.

"SEC. 303. INFORMATION AND ASSISTANCE TO CONGRESSIONAL COMMITTEES.—

"a. The Secretary of Energy and the Nuclear Regulatory Commission shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the functions of the Secretary or the Commission, fully and currently informed with respect to the activities of the Secretary and the Commission.

"b. The Department of Defense and Department of State shall keep the committees of the Senate and the

Public Law 95-110 (91 Stat. SS4) (1977), sec. 1, added chapter 20.

House of Representatives which, under the rules of the Senate and the House, have jurisdiction over national security considerations of nuclear energy, fully and currently informed with respect to such matters within the Department of Defense and Department of State relating to national security considerations of nuclear technology which are within the jurisdiction of such committees.

"c. Any Government agency shall furnish any information requested by the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nuclear energy, with respect to the activities or responsibilities of such agency in the field of nuclear energy which are within the jurisdiction of such committees.

"d. The committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the development, utilization, or application of nuclear energy, are authorized to utilize the services, information, facilities, and personnel of any Government agency which has activities or responsibilities in the field of nuclear energy which are within the jurisdiction of such committees: Provided, however, That any utilization of personnel by such committees shall be on a reimbursable basis and shall require, with respect to committees of the Senate, the prior written consent of the Committee on Rules and Administration, and with respect to the committees of the House of Representatives, the prior written consent of the Committee on House Administration."

SEC. 2.

a. Section 1 (d) of the Act of December 29, 1950 (64 Stat. 1129), is amended by inserting before the period at the end thereof a semicolon and the following: "when such order was entered by the Atomic Energy Commission, 'agency' means that Commission".

28 U.S.C. 2341 (3) (A).

28 U.S.C. 2342. Court of Appeals.

b. Section 2 of the Act of December 29, 1950 (64 Stat. 1129), is amended by inserting before the period at the end of the first paragraph thereof a comma and the fol- jurisdiction. lowing: "and (d) of the Atomic Energy Commission made reviewable by section 189 of the Atomic Energy Act of 1954, as amended".

SEC. 3. There is hereby retroceded to the State of New Sandia Mexico the exclusive jurisdiction heretofore acquired retrocession. from the State of New Mexico by the United States of America over the following land of the United States Atomic Energy Commission in Bernalillo County and within the boundaries of the Sandia Base, Albuquerque, New Mexico.

Beginning at the center quarter corner of section 30, township 10 north, range 4 east, New Mexico principal meridian, Bernalillo County, New Mexico, thence south

no degrees twenty-three minutes thirty seconds west one thousand nine hundred forty-seven and twenty one-hundredths feet, thence north eighty-nine degrees thirty-six minutes forty-five seconds east two thousand sixty-eight and forty one-hundredths feet, thence north eighty-nine degrees three minutes fifteen seconds east five hundred forty-six feet, thence north no degrees thirty-nine minutes no seconds east two hundred thirty-two and seventy one-hundreths feet, thence north eighty-nine degrees twenty-one minutes no seconds west eight hundred fiftytwo and twenty one-hundredths feet, thence north no degrees thirty-nine minutes no seconds east five hundred and sixty one-hundredths feet, thence along the back of the south curb of West Sandia Drive, Sandia Base, Bernalillo County, New Mexico, eight hundred sixty-five and sixty one-hundredths feet, thence north no degrees thirtynine minutes no seconds east one thousand three hundred thirty-five and three-tenths feet to a point south eight-nine degrees twenty-seven minutes forty-five seconds west a distance of thirty feet from the quarter corner common to sections 30 and 29, township 10 north, range 4 east, thence south eighty-nine degrees, twentyseven minutes forty-five seconds west two thousand six hundred twenty-three and forty one-hundredths feet to the point of beginning.

This retrocession of jurisdiction shall take effect upon acceptance by the State of New Mexico.

Approved August 30, 1954, 9:44 a.m., E.D.T.

PART II. ENERGY REORGANIZATION

ACT OF 1974

PUBLIC LAW 93-438 [H.R. 11510]

[88 STAT. 1233]

AN ACT

To reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Energy Reorganization Act of 1974".

DECLARATION OF PURPOSE

Energy Reorganization Act of 1974.

42 U.S.C. 5801 note.

SEC. 2. (a) The Congress hereby declares that the gen- 42 U.S.C. 5801 eral welfare and the common defense and security require effective action to develop, and increase the efficiency and reliability of use of, all energy sources to meet the needs of present and future generations, to increase the productivity of the national economy and strengthen its position in regard to international trade, to make the Nation self-sufficient in energy, to advance the goals of restoring, protecting, and enhancing environmental quality, and to assure public health and safety.

Energy Research and Administration,

Development

establishment.

(b) The Congress finds that, to best achieve these objectives, improve Government operations, and assure the coordinated and effective development of all energy sources, it is necessary to establish an Energy Research and Development Administration to bring together and direct Federal activities relating to research and development on the various sources of energy, to increase the efficiency and reliability in the use of energy, and to carry out the performance of other functions, including but not limited to the Atomic Energy Commission's military and production activities and its general basic 88 Stat. 1233. research activities. In establishing an Energy Research 88 Stat. 1234. and Development Administration to achieve these objectives, the Congress intends that all possible sources of energy be developed consistent with warranted priori

ties.

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