
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[3403(b)]]
[CITE: 42USC7912]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 7912. Processing site designations


(a) Specific and other site locations; remedial action; consultations; 
        boundaries; Grand Junction, Colorado, site restriction

    (1) As soon as practicable, but no later than one year after 
November 8, 1978, the Secretary shall designate processing sites at or 
near the following locations:
            Salt Lake City, Utah
            Green River, Utah
            Mexican Hat, Utah
            Durango, Colorado
            Grand Junction, Colorado
            Rifle, Colorado (two sites)
            Gunnison, Colorado
            Naturita, Colorado
            Maybell, Colorado
            Slick Rock, Colorado (two sites)
            Shiprock, New Mexico
            Ambrosia Lake, New Mexico
            Riverton, Wyoming
            Converse County, Wyoming
            Lakeview, Oregon
            Falls City, Texas
            Tuba City, Arizona
            Monument Valley, Arizona
            Lowman, Idaho
            Cannonsburg, Pennsylvania

Subject to the provisions of this subchapter, the Secretary shall 
complete remedial action at the above listed sites before his authority 
terminates under this subchapter. The Secretary shall within one year of 
November 8, 1978, also designate all other processing sites within the 
United States which he determines requires remedial action to carry out 
the purposes of this subchapter. In making such designation, the 
Secretary shall consult with the Administrator, the Commission, and the 
affected States, and in the case of Indian lands, the appropriate Indian 
tribe and the Secretary of the Interior.
    (2) As part of his designation under this subsection, the Secretary, 
in consultation with the Commission, shall determine the boundaries of 
each such site.
    (3) No site or structure with respect to which remedial action is 
authorized under Public Law 92-314 in Grand Junction, Colorado, may be 
designated by the Secretary as a processing site under this section.

(b) Health hazard assessment; priorities for remedial action

    Within one year from November 8, 1978, the Secretary shall assess 
the potential health hazard to the public from the residual radioactive 
materials at designated processing sites. Based upon such assessment, 
the Secretary shall, within such one year period, establish priorities 
for carrying out remedial action at each such site. In establishing such 
priorities, the Secretary shall rely primarily on the advice of the 
Administrator.

(c) Notification

    Within thirty days after making designations of processing sites and 
establishing the priorities for such sites under this section, the 
Secretary shall notify the Governor of each affected State, and, where 
appropriate, the Indian tribes and the Secretary of the Interior.

(d) Finality of determinations

    The designations made, and priorities established, by the Secretary 
under this section shall be final and not be subject to judicial review.

(e) Certain real property or improved areas

    (1) The designation of processing sites within one year after 
November 8, 1978, under this section shall include, to the maximum 
extent practicable, the areas referred to in section 7911(6)(B) of this 
title.
    (2) Notwithstanding the one year limitation contained in this 
section, the Secretary may, after such one year period, include any area 
described in section 7911(6)(B) of this title as part of a processing 
site designated under this section if he determines such inclusion to be 
appropriate to carry out the purposes of this subchapter.
    (3) The Secretary shall designate as a processing site within the 
meaning of section 7911(6) of this title any real property, or 
improvements thereon, in Edgemont, South Dakota, that--
        (A) is in the vicinity of the Tennessee Valley Authority uranium 
    mill site at Edgemont (but not including such site), and
        (B) is determined by the Secretary to be contaminated with 
    residual radioactive materials.

In making the designation under this paragraph, the Secretary shall 
consult with the Administrator, the Commission and the State of South 
Dakota. The provisions of this subchapter shall apply to the site so 
designated in the same manner and to the same extent as to the sites 
designated under subsection (a) of this section except that, in applying 
such provisions to such site, any reference in this subchapter to 
November 8, 1978, shall be treated as a reference to January 4, 1983, 
and in determining the State share under section 7917 of this title of 
the costs of remedial action, there shall be credited to the State, 
expenditures made by the State prior to January 4, 1983, which the 
Secretary determines would have been made by the State or the United 
States in carrying out the requirements of this subchapter.

(Pub. L. 95-604, title I, Sec. 102, Nov. 8, 1978, 92 Stat. 3023; Pub. L. 
97-415, Sec. 21, Jan. 4, 1983, 96 Stat. 2079.)

                       References in Text

    Remedial action authorized under Public Law 92-314, referred to in 
subsec. (a)(3), means the remedial action authorized by title II of Pub. 
L. 92-314, June 16, 1972, 86 Stat. 222, which is not classified to the 
Code.


                               Amendments

    1983--Subsec. (e)(3). Pub. L. 97-415 added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in sections 7913, 7915, 9601 of this 
title.
