§7911 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines the meanings of certain words used in this part. Secretary means the head of the Department of Energy. Commission means the Nuclear Regulatory Commission. Administrator means the head of the Environmental Protection Agency. Indian tribe means any Native American tribe or similar group the Interior Department recognizes as eligible for federal services. Person means any individual or organization (for example, a company, trust, or government), but not an Indian or Indian tribe. Processing site means a place (including the mill) with leftover radioactive material from uranium made mostly for sale to a federal agency before January 1, 1971; sites at or near Slick Rock, Colorado are covered only if a federal agency owned or controlled them as of January 1, 1978 (or later) or a production license was in effect on or issued after January 1, 1978, and it also includes nearby property the Secretary, with the Commission, says is contaminated from that site. Residual radioactive material means radioactive waste from ore processing, including tailings and other related waste or leftover low‑grade ore. Tailings means the leftover part of an ore after metal like uranium is removed. Federal agency includes any executive agency as defined in section 105 of title 5. United States means the 48 contiguous States, Alaska, Hawaii, Puerto Rico, the District of Columbia, and U.S. territories and possessions.

Title 42, §7911

The Public Health and Welfare — Source: USLM XML via OLRC

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.

(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.

Notes & Related Subsidiaries

Editorial Notes

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, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 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.

§7911 Definitions