Title 42, The Public Health and WelfareRelease 119-110

§7912 Processing Site Designations

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

Last updated Sep 23, 2026|Official source

Summary

The Secretary must, no later than one year after November 8, 1978, name processing locations at or near 22 listed places (for example Salt Lake City, Grand Junction, Shiprock, Ambrosia Lake, Lakeview, and Cannonsburg) and finish cleanup at those places before his authority under this law ends. The Secretary must also, within that same year, identify any other U.S. processing sites that need cleanup to carry out the law’s purpose. In doing this, the Secretary must talk with the Administrator, the Commission, the affected States, and, for Indian lands, the tribe and the Secretary of the Interior. The Secretary and the Commission must decide the boundaries for each site. Sites covered by Public Law 92–314 in Grand Junction cannot be added as processing locations here. Within one year from November 8, 1978, the Secretary must assess public health risk from leftover radioactive materials and set cleanup priorities, relying mainly on the Administrator’s advice. The Secretary must tell each affected Governor, and the tribes or the Secretary of the Interior when appropriate, within 30 days after the site choices and priorities are made. Those choices and priorities are final and cannot be reviewed by a court. The law also requires including certain nearby properties named in section 7911(6)(B) when practical, and allows adding them later if needed. Any contaminated property near the TVA mill in Edgemont, South Dakota, must be treated as a processing site, with January 4, 1983, used for timing and crediting the State for prior cleanup spending. The Moab uranium milling site, about three miles northwest of Moab, Utah, identified in the Nuclear Regulatory Commission’s Final Environmental Impact Statement from March 1996 (Source Materials License No. SUA–917), is designated a processing site. The subchapter applies to Moab like 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 October 30, 2000. If money is available, the Secretary must clean up Moab safely and follow the remedial plan called for by section 3405(i) of Public Law 105–261, including restoring groundwater and moving contaminated material to a permanent site in Utah with any needed stabilization.

Full Legal Text

Title 42, §7912

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

(a)Specific and other site locations; remedial action; consultations; boundaries; Grand Junction, Colorado, site restriction
(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)Health hazard assessment; priorities for remedial action
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)Notification
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)Finality of determinations
The designations made, and priorities established, by the Secretary under this section shall be final and not be subject to judicial review.
(e)Certain real property or improved areas
(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.
In making the designation under this paragraph, the Secretary shall consult with the Administrator, the Commission and the State of South Dakota. The provisions of this subchapter shall apply to the site so designated in the same manner and to the same extent as to the sites designated under subsection (a) except that, in applying such provisions to such site, any reference in this subchapter to November 8, 1978, shall be treated as a reference to January 4, 1983, and in determining the State share under section 7917 of this title of the costs of remedial action, there shall be credited to the State, expenditures made by the State prior to January 4, 1983, which the Secretary determines would have been made by the State or the United States in carrying out the requirements of this subchapter.
(f)Designation of Moab Site as processing site
(1)Designation
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)Applicability
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)Remediation
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 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110