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42 U.S.C. § 7942 — Designation by Secretary as processing sites for subchapter I purposes

submitted 48 years ago by Pub. L. 95-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 342 words · no verdicts yet

in plain englishAI-generated · not legal advice

If New Mexico and the Commission cannot adequately control waste at the two study sites, the Secretary can officially designate them as cleanup sites. The Secretary can then make a cleanup agreement with New Mexico, but only for waste from uranium sold to the federal government before 1971. A designation cannot take effect until 120 legislative days after Congress receives it.

(a) Designation and cooperative agreement. Within 90 days of getting the Commission's study and recommendations from section 7941, the Secretary may designate one or both of the two named sites as a "processing site" under subchapter I — but only if the Commission's study found that the state or Commission cannot adequately regulate and control the material there. This designation can happen even though sections 7911(6)(A) and 7925(a) would normally limit it.

After making that designation, the Secretary may sign a cooperative agreement with New Mexico to do remedial (cleanup) work under subchapter I. That agreement covers only the leftover radioactive material at the site that came from uranium sold to a federal agency before January 1, 1971, under a contract with that agency — not other radioactive material at the site.

Any such designation, along with the Secretary's cost estimate for the cleanup, must go to three congressional committees: the House Committee on Interior and Insular Affairs, the House Committee on Energy and Commerce, and the Senate Committee on Energy and Natural Resources.

(b) Waiting period. A designation cannot take effect until 120 calendar days have passed after those committees receive it. Days when either chamber of Congress is in a break of more than three days do not count toward that 120 days.

(c) Rest of subchapter I applies. Except for what subsection (a) specifically says differently, any cleanup work at a site designated under this section follows all the normal rules of subchapter I — including how its funding is authorized under section 7922(b).

the actual law source: uscode.house.gov ↗public domain
(a) New Mexico cooperative agreement respecting certain residual radioactive materials; submission to Congressional committees

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) Effective date
(1)

1 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) Subchapter I provisions applicable

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).

Source credit: (Pub. L. 95–604, title III, § 302, Nov. 8, 1978, 92 Stat. 3042; H. Res. 549, Mar. 25, 1980.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-604 · 92 Stat. 3042

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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