42 U.S.C. § 7911 — Definitions
submitted 48 years ago by Pub. L. 95-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 514 words · no verdicts yet
This section defines key terms for the uranium mill-tailings subchapter, including Secretary, Commission, Administrator, Indian tribe, person, processing site, residual radioactive material, tailings, Federal agency, and United States.
For this subchapter: (1) “Secretary” means the Secretary of Energy. (2) “Commission” means the Nuclear Regulatory Commission. (3) “Administrator” means the EPA Administrator. (4) “Indian tribe” means a recognized tribe, band, clan, group, pueblo, or community eligible for Interior Department Indian services. (5) “Person” includes an individual, association, partnership, corporation, firm, joint venture, trust, government entity, or other entity, but not an Indian or Indian tribe. (6) “Processing site” means (A) a site, including a mill, containing residual radioactive materials where all or almost all uranium was produced for sale to a Federal agency before January 1, 1971 under a Federal-agency contract, except a Slick Rock, Colorado-area site unless (i) a Federal agency owned or controlled it on January 1, 1978 or later, or (ii) a Commission or predecessor, or permitted State*, license for producing uranium or thorium products from ores was effective January 1, 1978 or issued or renewed later; and (B) nearby real property or improvements the Secretary, consulting the Commission, determines contaminated by materials from that site. Federal ownership or control acquired through a subchapter cooperative agreement does not count for (A)(i). A license to produce uranium from residual material is not an ore-production license under (A)(ii) if production follows section 7918(b). (7) “Residual radioactive material” means (A) Secretary-determined radioactive tailings waste from processing ore to extract uranium or other valuable constituents and (B) other Secretary-determined radioactive processing-site waste related to that processing, including leftover unprocessed ore or low-grade material. (8) “Tailings” means the remaining metal-bearing ore after some or all metal, such as uranium, is extracted. (9) “Federal agency” includes an executive agency defined in section 105 of title 5. (10) “United States” means the 48 contiguous States, Alaska, Hawaii, Puerto Rico, the District of Columbia, and United States territories and possessions.
For purposes of this subchapter—
The term “Secretary” means the Secretary of Energy.
The term “Commission” means the Nuclear Regulatory Commission.
The term “Administrator” means the Administrator of the Environmental Protection Agency.
The term “Indian tribe” means any tribe, band, clan, group, pueblo, or community of Indians recognized as eligible for services provided by the Secretary of the Interior to Indians.
The term “person” means any individual, association, partnership, corporation, firm, joint venture, trust, government entity, and any other entity, except that such term does not include any Indian or Indian tribe.
The term “processing site” means—
any site, including the mill, containing residual radioactive materials at which all or substantially all of the uranium was produced for sale to any Federal agency prior to January 1, 1971 under a contract with any Federal agency, except in the case of a site at or near Slick Rock, Colorado, unless—
such site was owned or controlled as of January 1, 1978, or is thereafter owned or controlled, by any Federal agency, or
a license (issued by the Commission or its predecessor agency 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]) for the production at such site of any uranium or thorium product derived from ores is in effect on January 1, 1978, or is issued or renewed after such date; and
any other real property or improvement thereon which—
is in the vicinity of such site, and
is determined by the Secretary, in consultation with the Commission, to be contaminated with residual radioactive materials derived from such site.
Any ownership or control of an area by a Federal agency which is acquired pursuant to a cooperative agreement under this subchapter shall not be treated as ownership or control by such agency for purposes of subparagraph (A)(i). A license for the production of any uranium product from residual radioactive materials shall not be treated as a license for production from ores within the meaning of subparagraph (A)(ii) if such production is in accordance with section 7918(b) of this title.
The term “residual radioactive material” means—
waste (which the Secretary determines to be radioactive) in the form of tailings resulting from the processing of ores for the extraction of uranium and other valuable constituents of the ores; and
other waste (which the Secretary determines to be radioactive) at a processing site which relate to such processing, including any residual stock of unprocessed ores or low-grade materials.
The term “tailings” means the remaining portion of a metal-bearing ore after some or all of such metal, such as uranium, has been extracted.
The term “Federal agency” includes any executive agency as defined in section 105 of title 5.
The term “United States” means the 48 contiguous States and Alaska, Hawaii, Puerto Rico, the District of Columbia, and the territories and possessions of the United States.
Source credit: (Pub. L. 95–604, title I, § 101, Nov. 8, 1978, 92 Stat. 3022.)
- 1978Enacted · Pub. L. 95-604 · 92 Stat. 3022
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-604 on 1978-11-08.
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