U.S Code last checked for updates: Nov 22, 2024
§ 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). 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
(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;
(Pub. L. 94–437, title VIII, § 807, formerly title VII, § 707, as added Pub. L. 96–537, § 8(b), Dec. 17, 1980, 94 Stat. 3179; amended Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172; renumbered title VIII, § 807, and amended Pub. L. 102–573, title VII, § 701(a), (b), title VIII, § 813(b), Oct. 29, 1992, 106 Stat. 4572, 4590.)
cite as: 25 USC 1677