42 USC § 7941 - Study of authority for regulation and control of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Congress and Secretary; basis for determination of inadequacy of authority; interim regulation pending completion of study

---
identifier: "/us/usc/t42/s7941"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 7941 - Study of authority for regulation and control of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Congress and Secretary; basis for determination of inadequacy of authority; interim regulation pending completion of study"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "7941"
section_name: "Study of authority for regulation and control of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Congress and Secretary; basis for determination of inadequacy of authority; interim regulation pending completion of study"
chapter_number: 88
chapter_name: "URANIUM MILL TAILINGS RADIATION CONTROL"
subchapter_number: "II"
subchapter_name: "STUDY AND DESIGNATION OF TWO MILL TAILING SITES IN NEW MEXICO"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 95–604, title III, § 301, Nov. 8, 1978, 92 Stat. 3042.)"
---


# § 7941. Study of authority for regulation and control of residual radioactive materials at New Mexico sites for protection of public health, safety, and the environment; report to Congress and Secretary; basis for determination of inadequacy of authority; interim regulation pending completion of study

42 U.S.C. 201142 U.S.C. 2021November 8, 197842 U.S.C. 2021

The Commission, in consultation with the Attorney General and the Attorney General of the State of New Mexico, shall conduct a study to determine the extent and adequacy of the authority of the Commission and the State of New Mexico to require, under the Atomic Energy Act of 1954 (as amended by title II of this Act) [ et seq.] or under State authority as permitted under section 274 of such Act [] or under other provision of law, the owners of the following active uranium mill sites to undertake appropriate action to regulate and control all residual radioactive materials at such sites to protect public health, safety, and the environment: the former Homestake-New Mexico Partners site near Milan, New Mexico, and the Anaconda carbonate process tailings site near Bluewater, New Mexico. Such study shall be completed and a report thereof submitted to the Congress and to the Secretary within one year after , together with such recommendations as may be appropriate. If the Commission determines that such authority is not adequate to regulate and control such materials at such sites in the manner provided in the first sentence of this section, the Commission shall include in the report a statement of the basis for such determination. Nothing in this chapter shall be construed to prevent or delay action by a State as permitted under section 274 of the Atomic Energy Act of 1954 [] or under any other provision of law or by the Commission to regulate such residual radioactive materials at such sites prior to completion of such study.

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**Source Credit**: (Pub. L. 95–604, title III, § 301, Nov. 8, 1978, 92 Stat. 3042.)

## Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning , , , known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note under  and Tables.

The Atomic Energy Act of 1954, referred to in text, is , as added by , , which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

Title II of this Act, referred to in text, is title II (§§ 201–209) of , , , which enacted sections 2022, 2113, 2114 of this title, amended sections 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under sections 2014, 2021, and 2113 of this title. For complete classification of title II to the Code, see Tables.