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EFFECTIVE DATE

note.

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

CONSOLIDATION OF LICENSES AND PROCEDURES

note.

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

TITLE III-STUDY AND DESIGNATION OF
TWO MILL TAILINGS SITES IN NEW MEXICO

STUDY

42 USC 2011 note.

42 USC 7941.

Report to

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) 42 USC 2021. 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 Mex- Congress. ico, 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.

42 USC 7942.

Submittal to congressional committees.

DESIGNATION BY SECRETARY

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 because of an adjournment of more than three calendar days to a day certain or an adjournment sine die) after receipt by such Committees of such designation.

(c) Except as otherwise specifically provided in subsection (a), any remedial action under title I with respect to any sites designated under this title shall be subject to the provisions of title I (including the authorization of appropriations referred to in section 112(b)). Approved November 8, 1978.

INDEX TO THE LEGISLATIVE HISTORY OF THE URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978

PUBLIC LAW 95-604-H.R. 13650

(Page references are to the daily editions of the Congressional Record, 95th Congress)

H.R. 13650 introduced by Mr. Udall, Mr. Lujan, Mr. Sharp, Mr. Marriott, Mr. Johnson (Colo.), Mr. McKay, Mr. Vento, Mr. Kazen, Mr. Roncalio, Mr. Baumen, Mr. Rhodes, July 28, 1978, H7505. Hearings: Subcommittee on Energy and the Environment of the Committee on Interior and Insular Affairs. June 26, 27, July 10, 17, 1978. Subcommittee markup, July 20, 1978. Subcommittee on Energy and Power of the Committee on Interstate and Foreign Commerce. August 2, 1978. Subcommittee markup, August 11, 1978.

Reported with amendment (H. Rept. 95–1480, Pt. 1), August 11, 1978, H8509.

Reported with amendment (H. Rept. 95–1480, Pt. 2), September 30, 1978, H11137.

Considered and passed by the House, amended, October 3, 1978, H11364-H11375.

Considered and passed by the Senate, amended, October 14, 1978, S18739-S18751.

House agreed to Senate amendment with amendments, October 14, 1978, H12965-H12969.

Senate agreed to House amendments, October 14, 1978, S19034.

Examined and signed by the Speaker of the House, October 15, 1978, Examined and signed by the President pro tempore of the Senate, October 15, 19, 1978.

Presented to the President, October 27, 1978,

Approved as Public Law 95-604, November 8, 1978.

XIII. DEPARTMENT OF ENERGY ACT OF 1978CIVILIAN APPLICTIONS

PUBLIC LAW 95-238 [S. 1340]

[91 STAT. 47]

AN ACT

To authorize appropriations to the Department of Energy, for energy research, development, and demonstration, and related programs in accordance with section 261 of the Atomic Energy Act of 1954, as amended, section 305 of the Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Department of 1978 Civillan Energy Act of 1978-Civilian Applications."

SEC. 2. In accordance with section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017), section 305 of the Energy Reorganization Act of 1974 (42 U.S.C 5875), section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5915), there is hereby authorized to be appropriated to the Department of Energy, for energy research, development, and demonstration, and related activities, the sum of $6,081,445,000.

TITLE I-ENERGY RESEARCH, DEVELOP-
MENT, AND DEMONSTRATION, AND RE-
LATED ACTIVITIES

OPERATING EXPENSES

SEC. 101. "Operating expenses", for the following programs, a sum of dollars equal to the total of the following amounts:

Department of
Energy Act of
Applications.

Fossil energy development.

Study.

Solar energy development.

Geothermal energy development.

Fossil Energy Development
(1) Coal:

(A) Coal liquefaction, $107,000,000.

(B) High Btu gasification (coal), $51,200,000. (C) Low Btu gasification (coal), $73,900,000. (D) Advanced power systems, $25,500,000. (E) Direct combustion (coal), $65,200,000. (F) Advanced research and supporting technology, $50,000,000: Provided, That of those funds authorized, funds as may be necessary are hereby authorized for the following purpose: The Secretary of Energy shall conduct a feasibility study of the technology and the commercial applications of the process of fine grinding of coal and dry vegetable residues for the purpose of preparing these substances as clean burning fuels.

(G) Demonstration plants and major test facilities (coal), $60,900,000.

(H) Magnetohydrodynamics, $70,800,000; Provided, That at least 5 percent of the amount appropriated for magnetohydrodynamics shall be expend for closed cycle technology.

(2) Petroleum and natural gas:

(A) Enhanced oil recovery, $46,100,000.
(B) Enhanced gas recovery, $30,000,000.

(C) Drilling, exploration and offshore technol

ogy, $7,600,000.

(D) Processing and utilization, $1,400,000. (3) Oil shale and in situ technology:

(A) Oil shale, $28,000,000.

(B) In situ coal gasification, $19,000,000.

Solar Energy Development

(4) Thermal applications, $104,700,000, including $94,400,000 for heating and cooling of buildings.

(5) Fuels for biomass, $20,500,000; and under such rules and regulations as he may establish, the Department of Energy is authorized to guarantee a loan or loans for the demonstration of a 50 MW wood-fueled power generating facility.

(6) Other Solar Energy Programs, $219,700,000, including $7,000,000 for a parallel design of a 1500 kilowatt wind energy conversion system and the production of two test units, and $203,700,000 for other solar electric applications: Provided, That $7,500,000 of such sum is hereby authorized for design work for small community applications.

Geothermal Energy Development

(7) Engineering research and development, $15,500,000.

(8) Resource exploration and assessment, $17,600,000. (9) Hydrothermal technology applications, $28,000,000.

(10) Advanced technology applications, $24,300,000.

(11) Utilization experiments, $16,000,000.

(12) Environmental control and institutional studies, $8,100,000.

(13) Low head hydroelectric program, $15,000,000. Conservation Research and Development

(14) Electric energy systems and energy storage: (A) Electric energy systems, $36,800,000. (B) Energy storage systems, $48,500,000. (15) End use conservation and technologies to improve efficiency:

(A) Industrial energy conservation, $38,000,000. (B) Buildings and community systems, $59,500,000: Provided, That $2,000,000 of such sum are hereby authorized for a research and development program in residential gas and oil furnaces.

(C) Transportation energy conservation, $87,000,000, of which $1,000,000 shall be available to the Alternative Fuels Utilization Program for study of automotive utilization of alcohol fuels and blends: Provided, That of those funds authorized for the Alternative Fuels Utilization Program, funds as may be necessary are hereby authorized for the Department of Energy to conduct studies to determine the feasibility of utilizing existing distillery facilities or other types of refineries including but not limited to sugar refineries, in the implementation of programs to extend the supply of gasoline by means of a mixture of gasoline and alcohol.

(D) Improved conversion efficiency, $69,700,000. (16) Energy extension service, $8,000,000. (17) Small grants for appropriate technology, $8,000,000.

Environment and Safety Research and Development

Conservation research and development.

(18) Environmental and Safety Research and Devel- and safety

opment:

(A) Overview and Assessment, $50,010,000.
(B) Environmental Research, $143,970,000.
(C) Life Sciences Research, $38,113,000.

(D) Decontamination and Decommissioning,

$19,000,000.

Nuclear Research and Development

(19) Magnetic fusion, $207,900,000.

(20) Fuel cycle research and development, $363,885,000, including $20,000,000 for international spent fuel disposition, pursuant to section 107 and including $13,000,000 for research, development, assessment, evaluation, and other activities at the Barnwell Nuclear Fuels Plant related to alternative fuel cycle technologies, safeguard systems, spent fuel storage and waste management, except that none of the authorized funds may be used for operations of the plant to process spent fuel from reactors.

Environment research and development.

Nuclear research and development.

43-785-79 -38

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