§7941 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission must study, with the U.S. Attorney General and New Mexico’s Attorney General, whether federal or state law gives the Commission and New Mexico enough power to make the owners of two uranium mill sites — the former Homestake-New Mexico Partners near Milan and the Anaconda carbonate tailings site near Bluewater — control and clean up leftover radioactive material to protect people and the environment. The study and a report with any recommendations must be finished and sent to Congress and the Secretary within one year after November 8, 1978. If the Commission finds the legal authority is not enough, the report must say why. The State or the Commission may act to regulate or clean up the sites before the study is finished.

Title 42, §7941

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

The Commission, in consultation with the Attorney General and the Attorney General of the State of New Mexico, shall conduct a study to determine the extent and adequacy of the authority of the Commission and the State of New Mexico to require, under the Atomic Energy Act of 1954 (as amended by title II of this Act) [42 U.S.C. 2011 et seq.] or under State authority as permitted under section 274 of such Act [42 U.S.C. 2021] or under other provision of law, the owners of the following active uranium mill sites to undertake appropriate action to regulate and control all residual radioactive materials at such sites to protect public health, safety, and the environment: the former Homestake-New Mexico Partners site near Milan, New Mexico, and the Anaconda carbonate process tailings site near Bluewater, New Mexico. Such study shall be completed and a report thereof submitted to the Congress and to the Secretary within one year after November 8, 1978, together with such recommendations as may be appropriate. If the Commission determines that such authority is not adequate to regulate and control such materials at such sites in the manner provided in the first sentence of this section, the Commission shall include in the report a statement of the basis for such determination. Nothing in this chapter shall be construed to prevent or delay action by a State as permitted under section 274 of the Atomic Energy Act of 1954 [42 U.S.C. 2021] or under any other provision of law or by the Commission to regulate such residual radioactive materials at such sites prior to completion of such study.

Notes & Related Subsidiaries

Editorial Notes

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, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see

Short Title

note under section 7901 of this title and Tables. The Atomic Energy Act of 1954, referred to in text, 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 of this Act, referred to in text, 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.

Summary

Title 42, §7941

Notes & Related Subsidiaries

Editorial Notes

References in Text

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