
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7911]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 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)(i). 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.
        (7) The term ``residual radioactive material'' means--
            (A) waste (which the Secretary determines to be radioactive) 
        in the form of tailings resulting from the processing of ores 
        for the extraction of uranium and other valuable constituents of 
        the ores; and
            (B) other waste (which the Secretary determines to be 
        radioactive) at a processing site which relate to such 
        processing, including any residual stock of unprocessed ores or 
        low-grade materials.

        (8) The term ``tailings'' means the remaining portion of a 
    metal-bearing ore after some or all of such metal, such as uranium, 
    has been extracted.
        (9) The term ``Federal agency'' includes any executive agency as 
    defined in section 105 of title 5.
        (10) The term ``United States'' means the 48 contiguous States 
    and Alaska, Hawaii, Puerto Rico, the District of Columbia, and the 
    territories and possessions of the United States.

(Pub. L. 95-604, title I, Sec. 101, Nov. 8, 1978, 92 Stat. 3022.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in par. (6)(A)(ii), is 
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, 
Sec. 1, 68 Stat. 921, and amended, which is classified generally to 
chapter 23 (Sec. 2011 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2011 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 2022, 7912, 7913, 7914, 7942 
of this title.
