Title 42The Public Health and WelfareRelease 119-73

§7912 Processing site designations

Title 42 › Chapter CHAPTER 88— - URANIUM MILL TAILINGS RADIATION CONTROL › Subchapter SUBCHAPTER I— - REMEDIAL ACTION PROGRAM › § 7912

Last updated Apr 6, 2026|Official source

Summary

The Secretary must name processing sites at or near the specific locations listed no later than one year after November 8, 1978. He must finish cleanup at those listed sites before his authority under this law ends. Within that same one-year period he must also identify any other U.S. processing sites needing cleanup. In making these choices he must work with the Administrator, the Commission, the states involved, and for Indian lands, the tribe and the Secretary of the Interior. The Secretary and the Commission must set the boundaries for each site. Sites already covered by Public Law 92–314 in Grand Junction, Colorado may not be re-designated here. Within one year from November 8, 1978 the Secretary must check the health risk from leftover radioactive material at the designated sites and set cleanup priorities, using the Administrator’s advice as the main guide. He must tell each affected governor, and any tribes and the Secretary of the Interior when appropriate, within thirty days after naming sites and setting priorities. Those decisions are final and cannot be reviewed by a court. The Secretary should include areas described in section 7911(6)(B) as much as possible and may add them later if needed. He must also designate contaminated property near the TVA uranium mill at Edgemont, South Dakota as a processing site if it has residual radioactive material. The Moab, Utah uranium mill site (identified in the Nuclear Regulatory Commission’s March 1996 Final Environmental Impact Statement linked to Source Materials License No. SUA–917) is designated a processing site. The subchapter applies to Moab the same as to other sites except that sections 7913, 7914(b), 7917(a), 7922(a), and 7925(a) do not apply, and references to November 8, 1978 are treated as references to October 30, 2000. If funds are provided, the Secretary must carry out Moab cleanup safely and in line with the remedial plan called for in section 3405(i) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, including groundwater restoration and moving contaminated material from the Moab site and the Colorado River floodplain to a permanent location in Utah.

Full Legal Text

Title 42, §7912

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

(a)(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)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)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)The designations made, and priorities established, by the Secretary under this section shall be final and not be subject to judicial review.
(e)(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.
(f)(1)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)This 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)section 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)Subject 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

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 Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7912

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73