
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7916]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 7916. 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
        
    Where necessary or appropriate in order to consolidate in a safe and 
environmentally sound manner the location of residual radioactive 
materials which are removed from processing sites under cooperative 
agreements under this subchapter, or where otherwise necessary for the 
permanent disposition and stabilization of such materials in such 
manner--
        (1) the Secretary may acquire land and interests in land for 
    such purposes by purchase, donation, or under any other authority of 
    law or
        (2) the Secretary of the Interior may transfer permanently to 
    the Secretary to carry out the purposes of this chapter, public 
    lands under the jurisdiction of the Bureau of Land Management in the 
    vicinity of processing sites in the following counties:
            (A) Apache County in the State of Arizona;
            (B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San 
        Miguel Counties in the State of Colorado;
            (C) Boise County in the State of Idaho;
            (D) Billings and Bowman Counties in the State of North 
        Dakota;
            (E) Grand and San Juan Counties in the State of Utah;
            (F) Converse and Fremont Counties in the State of Wyoming; 
        and
            (G) Any other county in the vicinity of a processing site, 
        if no site in the county in which a processing site is located 
        is suitable.

Any permanent transfer of lands under the jurisdiction of the Bureau of 
Land Management by the Secretary of the Interior to the Secretary shall 
not take place until the Secretary complies with the requirements of the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) with respect 
to the selection of a site for the permanent disposition and 
stabilization of residual radioactive materials. Section 1714 of title 
43 shall not apply to this transfer of jurisdiction. Prior to 
acquisition of land under paragraph (1) or (2) of this subsection \1\ in 
any State, the Secretary shall consult with the Governor of such State. 
No lands may be acquired under such paragraph (1) or (2) in any State in 
which there is no (1) processing site designated under this subchapter 
or (2) active uranium mill operation, unless the Secretary has obtained 
the consent of the Governor of such State. No lands controlled by any 
Federal agency may be transferred to the Secretary to carry out the 
purposes of this chapter without the concurrence of the chief 
administrative officer of such agency.
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    \1\ So in original. Probably should be ``section''.
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(Pub. L. 95-604, title I, Sec. 106, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 
100-616, Sec. 2, Nov. 5, 1988, 102 Stat. 3192.)

                       References in Text

    This chapter, referred to in text, 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 set out 
under section 7901 of this title and Tables.
    The National Environmental Policy Act, referred to in text, probably 
means the National Environmental Policy Act of 1969, Pub. L. 91-190, 
Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to 
chapter 55 (Sec. 4321 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 4321 of this title and Tables.


                               Amendments

    1988--Par. (2). Pub. L. 100-616 added par. (2) and concluding 
provisions and struck out former par. (2) and concluding provisions 
which read as follows:
        ``(2) the Secretary of the Interior may make available public 
    lands administered by him for such purposes in accordance with other 
    applicable provisions of law.
Prior to acquisition of land under paragraph (1) or (2) of this 
subsection in any State, the Secretary shall consult with the Governor 
of such State. No lands may be acquired under such paragraph (1) or (2) 
in any State in which there is no (1) processing site designated under 
this subchapter or (2) active uranium mill operation, unless the 
Secretary has obtained the consent of the Governor of such State. No 
lands controlled by any Federal agency may be transferred to the 
Secretary to carry out the purposes of this chapter without the 
concurrence of the chief administrative officer of such agency.''

                  Section Referred to in Other Sections

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