U.S. Code » Title 42 » Chapter CHAPTER 88— URANIUM MILL TAILINGS RADIATION CONTROL › Subchapter SUBCHAPTER I— REMEDIAL ACTION PROGRAM

42 U.S.C. § 7912

Processing site designations

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(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) 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.(f) Designation of Moab Site as processing site(1) Designation

Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this subsection as the “Moab site”) located approximately three miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996 in conjunction with Source Materials License No. SUA–917, is designated as a processing site.

(2) ApplicabilityThis subchapter applies to the Moab site in the same manner and to the same extent as to other processing sites designated under subsection (a), except that—(A) sections 7913, 7914(b), 7917(a), 7922(a), and 7925(a) of this title shall not apply; and(B) a reference in this subchapter to November 8, 1978, shall be treated as a reference to October 30, 2000.(3) RemediationSubject to the availability of appropriations for this purpose, the Secretary shall conduct remediation at the Moab site in a safe and environmentally sound manner that takes into consideration the remedial action plan prepared pursuant to section 3405(i) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 8720 note; Public Law 105–261), including—(A) ground water restoration; and(B) the removal, to a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab site and the floodplain of the Colorado River.(Pub. L. 95–604, title I, § 102, Nov. 8, 1978, 92 Stat. 3023; Pub. L. 97–415, § 21, Jan. 4, 1983, 96 Stat. 2079; Pub. L. 106–398, § 1 [div. C, title XXXIV, § 3403(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–489; Pub. L. 115–232, div. A, title VIII, § 809(n)(4), Aug. 13, 2018, 132 Stat. 1844.)Editorial NotesReferences 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

2018—Subsec. (f)(3). Pub. L. 115–232 substituted “(10 U.S.C. 8720 note; Public Law 105–261)” for “(10 U.S.C. 7420 note; Public Law 105–261)” in introductory provisions.

2000—Subsec. (f). Pub. L. 106–398 added subsec. (f).

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

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Notes of Decisions
Cited in 12 cases, 1985–2014 · leading case: El Paso Nat. Gas Co. v. United States, 750 F.3d 863 (D.C. Cir. 2014).
Sort: Relevance Newest Treatment
El Paso Nat. Gas Co. v. United States, 750 F.3d 863 (D.C. Cir. 2014). · cites it 2× “Id, ¶¶ 96-98 (citing 42 U.S.C. § 7912 (a)(1)); see a.lso 42 U.”
El Paso Nat. Gas Co. v. United States, 605 F. Supp. 2d 224 (D.D.C. 2009). · cites it 7× “Pursuant to UMTRCA § 102, codified at 42 U.S.C. § 7912 , DOE was required to designate uranium mill “processing sites” for DOE remediation at or near twenty-two specifically identified locations within one year of November 8,1978.”
Dunn v. United States, 842 F.2d 1420 (3rd Cir. 1988). · cites it 4× “42 U.S.C. § 7912 (a)(1). 10 Within the one-year time limit UMTRCA also required the Secretary of Energy to (1) “assess the potential health hazard to the public from the residual radioactive materials at designated processing sites,” and (2) “rely[ing] primarily on the advice of…”
Am. Mining Cong. v. Thomas, 772 F.2d 617 (10th Cir. 1985). · cites it 2× “16 See 42 U.S.C. § 7912 . There are, however, piles located near cities with sizeable local populations, such as Salt Lake City, Utah, and Grand Junction, Colorado.”
Hecla Mining Co. v. United States, 909 F.2d 1371 (10th Cir. 1990). · cites it 2× “42 U.S.C. § 7912 (a)(1) (1982). The statute also provides that: 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 [describing sites in the vicinity of…”
El Paso Nat. Gas Co. v. United States, 774 F. Supp. 2d 40 (D.D.C. 2011). “¶¶ 96-97 (citing 42 U.S.C. § 7912 (a)(1)). Again, the Tribe alleges that DOE failed to comply with these requirements.”
Mill v. State, Dep't of Health, 868 P.2d 1099 (Colo. Ct. App. 1994). “Therefore, in summary, based on UMTRCA’s express statutory scheme for remedial action, interpreted in light of the Act’s legislative history, we conclude that in valuing properties designated under 42 U.S.C. § 7912 , for the purpose of determining just compensation in a…”
Eagle-Picher Indus., Inc. v. United States Env't Prot. Agency, 759 F.2d 922 (D.C. Cir. 1985). “None of the releases in issue in this case are subject to the financial protection requirements of the NRC, nor have any of the sites in issue been designated under 42 U.S.C. § 7912 (a)(1) or 42 U.S.C. § 7942 (a).”
Forelaws on Bd. v. Energy Facility Siting Council, 734 P.2d 370 (Or. Ct. App. 1987). “Congress has mandated that Lakeview shall be addressed through this process ( 42 USC § 7912 (a)(1)). “The process applicable to the Lakeview remedial action authorized in ORS 469.”
El Paso Nat. Gas Co. v. United States of Am. (D.D.C. 2009). · cites it 4× “Pursuant to UMTRCA § 102, codified at 42 U.S.C. § 7912 , DOE was required to designate uranium mill "processing sites" for DOE remediation at or near twenty-two specifically identified locations within one year of November 8, 1978.”
Forelaws On Bd. v. Energy Facility Siting Council, 767 P.2d 899 (Or. 1989). “Congress has mandated that Lakeview shall be addressed through this process ( 42 USC § 7912 (a)(1)). *331 “The process applicable to the Lakeview remedial action authorized in ORS 469.”
El Paso Nat. Gas Co. v. United States of Am. (D.D.C. 2011). “~~ 96-97 (citing 42 U.S.C. § 7912 (a)(1)). Again, the Tribe alleges that DOE failed to comply with these requirements.”
— 42 U.S.C. § 7912(e)(2) — 1 case
El Paso Nat. Gas Co. v. United States of Am. (D.D.C. 2009). “Pursuant to UMTRCA § 102, codified at 42 U.S.C. § 7912 , DOE was required to designate uranium mill "processing sites" for DOE remediation at or near twenty-two specifically identified locations within one year of November 8, 1978.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.