§7925 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal money under this program cannot be used for sites that are licensed under the Atomic Energy Act or licensed by a State where uranium was produced from ore. That rule does not stop moving or disposing of leftover radioactive material from a processing site at a site that has a Title II license, and the program can pay for that disposal. For each processing site covered by the program, the Attorney General must study who (not including the United States, a State, or an Indian tribe) owned, ran, or controlled the site before November 8, 1978, and whether those people are legally responsible for cleanup. The Attorney General must publish the study and give copies to Congress as soon as reasonably possible after November 8, 1978. If the Attorney General finds someone liable, he may use the laws that were in effect when the uranium was produced to try to make that person pay all or part of the United States’ cleanup costs.

Title 42, §7925

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

(a)No amount may be expended under this subchapter with respect to any site licensed by the Commission 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] at which production of any uranium product from ores (other than from residual radioactive materials) takes place. This subsection does not prohibit the disposal of residual radioactive material from a processing site under this subchapter at a site licensed under title II or the expenditure of funds under this subchapter for such disposal.

(b)In the case of each processing site designated under this subchapter, the Attorney General shall conduct a study to determine the identity and legal responsibility which any person (other than the United States, a State, or Indian tribe) who owned or operated or controlled (as determined by the Attorney General) such site before November 8, 1978, may have under any law or rule of law for reclamation or other remedial action with respect to such site. The Attorney General shall publish the results of such study, and provide copies thereof to the Congress, as promptly as practicable following November 8, 1978. The Attorney General, based on such study, shall, to the extent he deems it appropriate and in the public interest, take such action under any provision of law in effect when uranium was produced at such site to require payment by such person of all or any part of the costs incurred by the United States for such remedial action for which he determines such person is liable.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsec. (a), 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. Title II, referred to in subsec. (a), is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which enacted section 2022, 2113, 2114 of this title, amended section 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under section 2014, 2021, and 2113 of this title. For complete classification of title II to the Code, see Tables.

Amendments

1996—Subsec. (a). Pub. L. 104–259 inserted at end “This subsection does not prohibit the disposal of residual radioactive material from a processing site under this subchapter at a site licensed under title II or the expenditure of funds under this subchapter for such disposal.”

§7925 Active operations; liability for remedial action