Idaho State Statutes - Idaho Attorney Directory

(1) Legislative declaration.
The legislature hereby finds and declares that the existence of uranium mill
tailings at active and inactive mill operations could pose a potential
radiation health hazard. This section is enacted to protect the public health,
safety, and welfare by authorizing the state radiation control agency to
cooperate with the federal government in providing for the stabilization,
disposal, and control of such tailings in a safe and environmentally sound
manner.
(2) Terms defined. For the purposes of this section, the terms
"processing site" and "residual radioactive material" shall have the meanings
specified in section 101(6) and (7), respectively, of public law 95-604, 42
U.S.C., section 7901, et seq., as from time to time amended.
(3) Authorization to participate. The state radiation control agency is
hereby authorized to participate in federal implementation of the "Uranium
Mill Tailings Radiation Control Act of 1978" (P.L. 95-604), and for such
purpose the agency may:
(a) Enter into cooperative agreements with the secretary of energy to
perform remedial actions at processing sites designated by the secretary;
(b) Obtain written consent from the record owner of a designated
processing site to perform remedial actions at such site;
(c) Provide for reimbursement for the actual cost of any remedial action
in accordance with the terms of public law 95-604;
(d) Acquire and dispose of any designated processing site, including any
interest in such site, and any site to be used for the permanent
disposition and stabilization of residual radioactive materials.
(e) Participate in the selection and performance of remedial actions.
(4) Financial participation.
(a) The legislature accepts in principle the provisions of section 107(a)
of public law 95-604 which requires the state to pay ten percent (10%) of
the actual cost of any remedial action and administrative costs from
nonfederal moneys, reserving, however, the right and authority to limit
through yearly appropriations the amount of state moneys committed to such
costs.
(b) The state of Idaho may receive all or a share of the net profits
derived from the recovery of minerals from residual radioactive materials
at any designated processing site within the state in accordance with the
provisions of section 108(b) of public law 95-604.

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