---
kind: "section"
citation: "42 U.S.C. § 7911"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7911"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7911"
units:
  - "Chapter 88 — Uranium Mill Tailings Radiation Control"
  - "Subchapter I — Remedial Action Program"
---

# §7911. Definitions


For purposes of this subchapter—

- (1) The term “Secretary” means the Secretary of Energy.
- (2) The term “Commission” means the Nuclear Regulatory Commission.
- (3) The term “Administrator” means the Administrator of the Environmental Protection [Agency](/usc/42/8262.md?p=1).
- (4) The term “Indian tribe” means any tribe, band, clan, group, pueblo, or community of Indians recognized as eligible for services provided by the [Secretary](#1) of the Interior to Indians.
- (5) The term “person” means any individual, association, partnership, [corporation](/usc/42/2297h.md?p=2), firm, joint venture, trust, government entity, and any other entity, except that such term does not include any Indian or [Indian tribe](#4).
- (6) The term “processing site” means—
  - (A) any site, including the mill, containing [residual radioactive materials](#7) at which all or substantially all of the uranium was produced for sale to any [Federal agency](#9) prior to January 1, 1971 under a contract with any [Federal agency](#9), except in the case of a site at or near Slick Rock, Colorado, unless—
    - (i) such site was owned or controlled as of January 1, 1978, or is thereafter owned or controlled, by any [Federal agency](#9), or
    - (ii) a license (issued by the [Commission](#2) or its predecessor [agency](/usc/42/8262.md?p=1) under the Atomic Energy Act of 1954 [[42 U.S.C. 2011](/usc/42/2011.md) et seq.] or by a [State](/usc/42/2021b.md?p=14) as permitted under [section 274](/usc/42/274.md) of such Act [[42 U.S.C. 2021](/usc/42/2021.md)]) for the production at such site of any uranium or thorium product derived from ores is in effect on January 1, 1978, or is issued or renewed after such date; and
  - (B) any other real property or improvement thereon which—
    - (i) is in the vicinity of such site, and
    - (ii) is determined by the [Secretary](#1), in consultation with the [Commission](#2), to be contaminated with [residual radioactive materials](#7) derived from such site.

  Any ownership or control of an area by a [Federal agency](#9) which is acquired pursuant to a cooperative agreement under this subchapter shall not be treated as ownership or control by such [agency](/usc/42/8262.md?p=1) for purposes of [subparagraph (A)(i)](#6-A-i). A license for the production of any uranium product from [residual radioactive materials](#7) shall not be treated as a license for production from ores within the meaning of [subparagraph (A)(ii)](#6-A-ii) if such production is in accordance with [section 7918(b) of this title](/usc/42/7918.md?p=b).

- (7) The term “residual radioactive material” means—
  - (A) waste (which the [Secretary](#1) determines to be radioactive) in the form of [tailings](#8) resulting from the processing of ores for the extraction of uranium and other valuable constituents of the ores; and
  - (B) other waste (which the [Secretary](#1) determines to be radioactive) at a [processing site](#6) which relate to such processing, including any residual stock of unprocessed ores or low-grade materials.
- (8) The term “tailings” means the remaining portion of a metal-bearing ore after some or all of such metal, such as uranium, has been extracted.
- (9) The term “Federal agency” includes any executive [agency](/usc/42/8262.md?p=1) as defined in [section 105 of title 5](/usc/5/105.md).
- (10) The term “United States” means the 48 contiguous [States](/usc/42/2021b.md?p=14) and Alaska, Hawaii, Puerto Rico, the District of Columbia, and the territories and possessions of the United States.

## Source credit

(Pub. L. 95–604, title I, § 101, Nov. 8, 1978, 92 Stat. 3022.)

## Notes

### Editorial Notes

### References in Text

The Atomic Energy Act of 1954, referred to in par. (6)(A)(ii), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, 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 section 2011 of this title and Tables.