Volume 86 · 223
Public Law 92–314
To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.
Approved June 16, 1972
Statutory text
AN ACT
To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Sec. 101.
There is hereby authorized to be appropriated to the Atomic Energy Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended:
For “Operating expenses”, $2,110,480,000 not to exceed $126,400,000 in operating costs for the high energy physics program category.
For “Plant and capital equipment”, including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following:
Nuclear Material.—
Project 73–1–a, in-tank solidification systems auxiliaries, Richland, Washington, $2,500,000. Project 73–1–b, waste management effluent diversion control facilities, separations areas, Richland, Washington, $1,000,000. Project 73–1–c, expansion of weighing and sampling facility for gaseous diffusion plant, Portsmouth, Ohio, $1,400,000. Project 73–1–d, component test facility, Oak Ridge, Tennessee, $20,475,000. Project 73–1–e, radioactive waste management improvements, Savannah River, South Carolina, $1,300,000. Project 73–1–f, safety improvements, reactor areas, Savannah River, South Carolina, $2,000,000. Project 73–1–g, contaminated soil removal facility, Richland, Washington, $1,400,000. Project 73–1–h, Rover fuels processing facilities, National Reactor Testing Station, Idaho, $3,250,000. Project 73–1–i, radioactive solid waste reduction facility, Los Alamos Scientific Laboratory, New Mexico, $750,000.
Nuclear Material.—
Project 73–2–a, atmospheric pollution control facilities, heavy water plant. Savannah River, South Carolina, $4,300,000. Project 73–2–b, improved sanitary waste treatment facilities, Savannah River, South Carolina, $1,100,000.
Atomic Weapons.—
Project 73–3–a, weapons production, development, and test installations, $10,000,000. Project 73–3–b, laser fusion laboratory, Los Alamos Scientific Laboratory, New Mexico, $5,200,000. Project 73–3–c, laser fusion laboratory, Lawrence Livermore Laboratory, California, $6,800,000. Project 73–3–d, classified facilities, sites Undesignated, $15,000,000.
Atomic Weapons.—
Project 73–4–a, new sewage disposal plant, Mound Laboratory, Miamisburg, Ohio, $700,000. Project 73–4–b, land acquisition, Rocky Flats, Colorado, $8,000,000.
Reactor Development.—
Project 73–5–a, Liquid Metal Engineering Center facility modifications, Santa Susana, California, $3,000,000. Project 73–5–b, modifications to EBRII, National Reactor Testing Station, Idaho, $4,000,000. Project 73–5–c, modifications to Power Burst Facility. National Reactor Testing Station, Idaho, $1,500,000. Project 73–5–d, modifications to TREAT facility, National Reactor Testing Station, Idaho, $1,500,000. Project 73–5–e, research building safety modifications. Mound Laboratory, Miamisburg, Ohio, $3,000,000. Project 73–5–f, Pu–238 fuel form fabrication facility, Savannah River, South Carolina, $8,000,000. Project 73–5–g, modifications to reactors, $3,000,000. Project 73–5–h, S8G prototype nuclear propulsion plant, West Milton, New York, $56,000,000.
Physical Research.—
Project 73–6–a, accelerator improvements, zero gradient synchrotron, Argonne National Laboratory, Illinois, $400,000. Project 73–6–b, accelerator and reactor improvements, Brookhaven National Laboratory, New York, $475,000. Project 73–6–c, accelerator improvements, Cambridge Electron Accelerator, Massachusetts, $75,000. Project 73–6–d, accelerator improvements, Lawrence Berkeley Laboratory, California, $525,000. Project 73–6–e, accelerator improvements, Stanford Linear Accelerator Center, California, $1,025,000. Project 73–6–f, accelerator and reactor improvements, medium and low-energy physics, $600,000.
Biology and Medicine.—
Project 73–7–a, high-energy heavy ion facility (BEVALAC), Lawrence Berkeley Laboratory, California, $2,000,000.
Biology and Medicine.—
Project 73–8–a, replacement of laboratory service systems, Oak Ridge National Laboratory, Tennessee, $1,200,000.
Administrative.—
Project 73–9–a, addition to headquarters building (AE only), Germantown, Maryland, $1,500,000.
General Plant Projects.—
$49,050,000.
Capital Equipment.—
Acquisition and fabrication of capital equipment not related to construction, $164,080,000.
Sec. 102. Limitations.—
The Commission is authorized to start any project set forth in subsections 101(b)(1), (3), (5), (6), and (7) only if the currently estimated cost of that, project does not exceed by more than 25 per centum the estimated cost set forth for that project.
The Commission is authorized to start any project under subsections 101(b)(2), (4), (8), and (9) only if the currently estimated cost of that project, does not exceed by more than 10 per centum the estimated cost set forth for that project.
The Commission is authorized to start any project under subsection 101(b)(10) only if it is in accordance with the following:
The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000, provided that the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy.
The total cost of all projects undertaken under subsection 101 (b)(10) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum.
Sec. 103.
The Commission is authorized to perform construction,
Construction design services.
design services for any Commission construction project whenever (1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Commission and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction.
Sec. 104.
When so specified in an appropriation Act, transfers of
Transfer of amounts.
amounts between “Operating expenses” and “Plant and capital equipment” may be made as provided in such appropriation Act.
Sec. 105. Amendment of Prior Year Acts.—
Section 101 of Public Law 91–14, as amended, is further amended by striking from
subsection (b)(1), project 70–1–b, bedrock waste storage, the figure “$1,300,000” and substituting therefor the figure “$4,300,000”.
Section 101 of Public Law 91–273, as amended, is further
amended by (1) striking; from subsection (b)(1), project 71–1–e, gaseous diffusion production support facilities, the figure “$45,700,000” and substituting therefor the figure “$72,020,000”, (2) striking from subsection (b)(1), project 71–1–f, process equipment modifications, gaseous diffusion plants, the figure “$10,400,000” and substituting therefor the figure “$34,400,000”, (3) striking from subsection (b)(6), project 71–0–a, National Nuclear Science Information Center, the words “AE only” and substituting therefor the words “American Museum of Atomic Energy”, and further striking the figure “$600,000” and substituting therefor the figure “$3,500,000”, and (4) striking from subsection (b)(9), project 71–9, fire, safety, and adequacy of operating conditions projects, the figure “$45,700,000” and substituting therefor the figure “$69,000,000”.
Section 101 of Public Law 92–84, as amended, is further
amended by (1) striking from subsection (b)(1), project 72–1–f, component preparation laboratories, the figure “$3,000,000” and substituting therefor the figure “$25,300,000”, (2) Striking from subsection (b)(2), project 72–2–b, weapons neutron research facility, the words “(AE only)” and further striking the figure “$585,000” and substituting therefor the figure “$4,400,000”, (3) striking from subsection (b)(3), Project 72–3–b, national radioactive waste repository, the words “Lyons, Kansas” and substituting therefor the words “site undetermined” and further adding after the words “Provided, That” the words “with respect to any site in the State of Kansas”, and (4) striking from subsection (b)(5), project 72–5–a, radiobiology and therapy research facility, the words “(AE only)” and further striking the figure “$345,000” and substituting therefor the figure “$1,600,000”.
Sec. 106. Rescission.—
Public Law 91–44, as amended, is further amended by rescinding therefrom authorization for the following projects, except for funds heretofore obligated:
Project 70–2–a, rebuilding of gaseous diffusion plant cooling tower, Portsmouth, Ohio, $1,000,000. Project 70–4–b, research and development test plants, Project Rover, Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, Nevada, $1,000,000.
Public Law 91–273, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows:
Project 71–3–b, research and development test plants, Project Rover, Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, Nevada, $1,000,000.
TITLE II
Sec. 201.
The Congress recognizes and assumes the compassionate responsibility of the United States to provide to the State of Colorado financial assistance to undertake remedial action to limit the exposure of individuals to radiation emanating from uranium mill tailings which have been used as a construction related material in the area of Grand Junction, Colorado.
Sec. 202.
The Atomic Energy Commission is hereby authorized to enter into a cooperative arrangement with the State of Colorado under which the Commission will provide not in excess of 75 per centum of the costs of a State program, in the area of Grand Junction, Colorado, of assessment of, and appropriate remedial action to limit the exposure of individuals to, radiation emanating from uranium mill tailings which have been used as a construction related material. Such arrangement shall include, but need not be limited to, provisions that require:
that the basis for undertaking remedial action shall be applicable guidelines published by the Surgeon General of the United States;
that the need for and selection of appropriate remedial action to be undertaken in any instance shall be determined by the Commission upon application by the property owner of record to the State of Colorado within four years of the date of enactment of this Act and recommendation by and consultation with the State and others as deemed appropriate;
that any remedial action shall be performed by the State of Colorado or its authorized contractor and shall be paid for by the State of Colorado;
that the United States shall be released from any mill tailings related liability or claim thereof upon completion of remedial action or waiver thereof by the property owner of record on behalf of himself, his heirs, successors, and assigns; and further, the United States shall be held harmless against any claim arising out of the performance of any remedial action;
that the State of Colorado shall retain custody and control of and responsibility for any uranium mill tailings removed from any site as part of remedial action;
that the law of the State of Colorado shall be applied to determine all questions of title, rights of heirs, trespass, and so forth; and
that the Atomic Energy Commission shall be provided such reports, accounting, and rights of inspection as the Commission deems appropriate:
Cooperative arrangement, submittal to congressional committee.
Provided, That before such arrangement or amendment thereto shall become effective, it shall be submitted to the Joint Committee on Atomic Energy and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee on Atomic Energy, after having received the arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such thirty-day period.
Sec. 203.
The Atomic Energy Commission shall prescribe such rules and regulations as it deems necessary and appropriate to carry out the provisions of this title II. Notwithstanding the provisions of
subsection (a)(2) of section 553 of title 5, United States Code, such rules and regulations shall be subject to the notice and public participation requirements of that section.
Sec. 204.
For the purpose of carrying out the provisions of this
Appropriation.
title II, there is included in subsection 101(a) of this Act authorization of appropriations in the amount of $5,000,000.
TITLE III
Sec. 301.
Section 161 of the Atomic Energy Act of 1954, as amended,
Nuclear power reactors, licensing fees.
is amended by adding at the end thereof the following new subsection:
“w.
prescribe and collect from any other Government agency, which applies for or is issued a license for a utilization facility designed to produce electrical or heat energy pursuant to section 103 or 104b, any fee, charge, or price which it may require, in
accordance with the provisions of section 483a of title 31 of the United States Code or any other law, of applicants for, or holders of, such licenses.”.
Approved June 16, 1972.