Page:United States Statutes at Large Volume 92 Part 3.djvu/392

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3024

PUBLIC LAW 95-604—NOV. 8, 1978

Remedial action. Subject to the provisions of this title, the Secretary shall complete remedial action at the above listed sites before his authority terminates under this title. The Secretary shall within one year of the date of enactment of this Act also designate all other processing sites within the United States which he determines requires remedial action to carry out the purposes of this title. 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, 86 Stat. 222. may be designated by the Secretary as a processing site under this section. (b) Within one year from the date of the enactment of this Act, the Health hazard assessment. 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. Notification. (c) Within thirty days after making desi^ations 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) The desi^ations made, and priorities established, by the Secretary under this section shall be final and not be subject to judicial review. (e)(1) The designation of processing sites within one year after enactment under this section shall include, to the maximum extent • practicable, the areas referred to in section 101(6)(B). (2) Notwithstanding the one year limitation contained in this section, the Secretary may, after such one year period, include any area described in section 101(6)(B) 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 title. STATE COOPERATIVE AGREEMENTS

42 USC 7913.

Terms and Conditions.

SEC. 103. (a) After notifying a State of the designation referred to in section 102 of this title, the Secretary subject to section 113, is authorized to enter into cooperative agreements with such State to perform remedial actions at each designated processing site in such State (other than a site located on Indian lands referred to in section 105). The Secretary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the priorities established by him under section 102. The Secretary shall commence preparations for cooperative agreements with respect to each designated processing site as promptly as practicable following the designation of each site. (b) Each cooperative agreement under this section shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this Act, including, but not limited