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Title 42 — The Public Health and WelfareRelease 119-73

§7942 Designation by Secretary as processing sites for subchapter I purposes

Title 42 › Chapter CHAPTER 88— - URANIUM MILL TAILINGS RADIATION CONTROL › Subchapter SUBCHAPTER II— - STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN NEW MEXICO › § 7942

Last updated Apr 6, 2026|Official source

Summary

The Secretary can, within 90 days after getting the Commission’s report, name one or both of the sites as a processing site if the Commission finds the State or the Commission cannot control them as described in the report. After naming a site, the Secretary may make cooperative agreements with New Mexico to clean up only the leftover radioactive material at that site that came from uranium sold to a federal agency under contract before January 1, 1971. The Secretary must send the designation and a cost estimate to the House Committees on Interior and Insular Affairs and on Energy and Commerce, and to the Senate Committee on Energy and Natural Resources. A designation does not take effect until 120 calendar days after those committees get it, not counting days when either House is on a long adjournment (more than three days to a set date or sine die). Except for the special rule above, any cleanup at sites named under this part must follow the rules and funding rules of subchapter I, including the authorization in section 7922(b).

Full Legal Text

Title 42, §7942

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

(a)Within ninety days from the date of his receipt of the report and recommendations submitted by the Commission under section 7941 of this title, notwithstanding the limitations contained in section 7911(6)(A) and in section 7925(a) of this title, if the Commission determines, based on such study, that such sites cannot be regulated and controlled by the State or the Commission in the manner described in section 7941 of this title, the Secretary may designate either or both of the sites referred to in section 7941 of this title as a processing site for purposes of subchapter I. Following such designation, the Secretary may enter into cooperative agreements with New Mexico to perform remedial action pursuant to such subchapter I concerning only the residual radioactive materials at such site resulting from uranium produced for sale to a Federal agency prior to January 1, 1971, under contract with such agency. Any such designation shall be submitted by the Secretary, together with his estimate of the cost of carrying out such remedial action at the designated site, to the Committee on Interior and Insular Affairs and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.
(b)(1)11 So in original. Subsec. (b) enacted without a par. (2). No designation under subsection (a) shall take effect before the expiration of one hundred and twenty calendar days (not including any day in which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die) after receipt by such Committees of such designation.
(c)Except as otherwise specifically provided in subsection (a) of this section, any remedial action under subchapter I with respect to any sites designated under this subchapter shall be subject to the provisions of subchapter I (including the authorization of appropriations referred to in section 7922(b) of this title).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7942

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73