§ 1677. — Nuclear resource development health hazards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1677]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER VI--MISCELLANEOUS
Sec. 1677. Nuclear resource development health hazards
(a) Study
The Secretary and the Service shall conduct, in conjunction with
other appropriate Federal agencies and in consultation with concerned
Indian tribes and organizations, a study of the health hazards to Indian
miners and Indians on or near Indian reservations and in Indian
communities as a result of nuclear resource development. Such study
shall include--
(1) an evaluation of the nature and extent of nuclear resource
development related health problems currently exhibited among
Indians and the causes of such health problems;
(2) an analysis of the potential effect of ongoing and future
nuclear resource development on or near Indian reservations and
communities;
(3) an evaluation of the types and nature of activities,
practices, and conditions causing or affecting such health problems,
including uranium mining and milling, uranium mine tailing deposits,
nuclear powerplant operation and construction, and nuclear waste
disposal;
(4) a summary of any findings and recommendations provided in
Federal and State studies, reports, investigations, and inspections
during the five years prior to December 17, 1980, that directly or
indirectly relate to the activities, practices, and conditions
affecting the health or safety of such Indians; and
(5) the efforts that have been made by Federal and State
agencies and mining and milling companies to effectively carry out
an education program for such Indians regarding the health and
safety hazards of such nuclear resource development.
(b) Health care plan; development
Upon completion of such study the Secretary and the Service shall
take into account the results of such study and develop a health care
plan to address the health problems studied under subsection (a) of this
section. The plan shall include--
(1) methods for diagnosing and treating Indians currently
exhibiting such health problems;
(2) preventive care for Indians who may be exposed to such
health hazards, including the monitoring of the health of
individuals who have or may have been exposed to excessive amounts
of radiation, or affected by other nuclear development activities
that have had or could have a serious impact upon the health of such
individuals; and
(3) a program of education for Indians who, by reason of their
work or geographic proximity to such nuclear development activities,
may experience health problems.
(c) Reports to Congress
The Secretary and the Service shall submit to Congress the study
prepared under subsection (a) of this section no later than the date
eighteen months after December 17, 1980. The health care plan prepared
under subsection (b) of this section shall be submitted in a report no
later than the date one year after the date that the study prepared
under subsection (a) of this section is submitted to Congress. Such
report shall include recommended activities for the implementation of
the plan, as well as an evaluation of any activities previously
undertaken by the Service to address such health problems.
(d) Intergovernmental Task Force; establishment and functions
(1) There is established an Intergovernmental Task Force to be
composed of the following individuals (or their designees): the
Secretary of Energy, the Administrator of the Environmental Protection
Agency, the Director of the United States Bureau of Mines, the Assistant
Secretary for Occupational Safety and Health, and the Secretary of the
Interior.
(2) The Task Force shall identify existing and potential operations
related to nuclear resource development that affect or may affect the
health of Indians on or near an Indian reservation or in an Indian
community and enter into activities to correct existing health hazards
and insure that current and future health problems resulting from
nuclear resource development activities are minimized or reduced.
(3) The Secretary shall be Chairman of the Task Force. The Task
Force shall meet at least twice each year. Each member of the Task Force
shall furnish necessary assistance to the Task Force.
(e) Medical care
In the case of any Indian who--
(1) as a result of employment in or near a uranium mine or mill,
suffers from a work related illness or condition;
(2) is eligible to receive diagnosis and treatment services from
a Service facility; and
(3) by reason of such Indian's employment, is entitled to
medical care at the expense of such mine or mill operator;
the Service shall, at the request of such Indian, render appropriate
medical care to such Indian for such illness or condition and may
recover the costs of any medical care so rendered to which such Indian
is entitled at the expense of such operator from such operator. Nothing
in this subsection shall affect the rights of such Indian to recover
damages other than such costs paid to the Service from the employer for
such illness or condition.
(Pub. L. 94-437, title VIII, Sec. 807, formerly title VII, Sec. 707, as
added Pub. L. 96-537, Sec. 8(b), Dec. 17, 1980, 94 Stat. 3179; amended
Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172; renumbered
title VIII, Sec. 807, and amended Pub. L. 102-573, title VII,
Sec. 701(a), (b), title VIII, Sec. 813(b), Oct. 29, 1992, 106 Stat.
4572, 4590.)
Amendments
1992--Subsec. (f). Pub. L. 102-573, Sec. 813(b), struck out subsec.
(f) which authorized appropriation of $300,000 to carry out the study as
provided in subsec. (a), such amount to be expended by the date eighteen
months after Dec. 17, 1980.
Change of Name
``United States Bureau of Mines'' substituted for ``Bureau of
Mines'' in subsec. (d)(1) pursuant to section 10(b) of Pub. L. 102-285,
set out as a note under section 1 of Title 30, Mineral Lands and Mining.
Nuclear Resource Development Health Hazards; Study and Report
Pub. L. 100-713, title VII, Sec. 717, Nov. 23, 1988, 102 Stat. 4837,
provided that:
``(a) The Secretary of Health and Human Services (acting through the
Indian Health Service), the Secretary of the Interior (acting through
the Bureau of Indian Affairs), and the Secretary of Energy shall jointly
conduct a study for the purpose of determining--
``(1) the number of active nuclear resource development sites on
Indian lands in the United States;
``(2) the Federal agencies that carry out Federal
responsibilities with respect to each such site;
``(3) the health hazards that exist as a result of such sites;
``(4) the remedial actions which have been undertaken with
respect to such health hazards;
``(5) remedial actions that are needed with respect to such
health hazards; and
``(6) the amount of funds that would be necessary each year to
implement and maintain such needed remedial actions and the date by
which the remedial actions would be implemented if sufficient funds
were to provide for the remedial actions.
``(b) By no later than the date that is 2 years after the date of
enactment of this Act [Nov. 23, 1988], a report shall be submitted to
the Congress describing the findings and conclusions made as a result of
carrying out the study required in subsection (a).''
