Page:United States Statutes at Large Volume 92 Part 3.djvu/399

 PUBLIC LAW 95-604—NOV. 8, 1978 the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct. (3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. Section 402(d) of the Department of Energy Organization Act shall not apply with respect to the functions of the Secretary under this section. (4) No civil penalty may be assessed against the United States or any State or political subdivision of a State or any official or employee of the foregoing. (5) Nothing in this section shall prevent the Secretary from enforcing any provision of this title or any cooperative agreement or any such rule by injunction or other equitable remedy. (b) Subsection (a) shall not apply to any licensing requirement under the Atomic Energy Act of 1954. Such licensing requirements shall be enforced by the Commission as provided in such Act.

92 STAT. 3031

5 USC 500 et seq. Jurisdiction,

42 USC 7172.

42 USC 2011 note.

PUBLIC PARTICIPATION

SEC. 111. In carrying out the provisions of this title, including the 42 USC 7921. designation of processing sites, establishing priorities for such sites, the selection of remedial actions, and the execution of cooperative agreements, the Secretary, the Administrator, and the Commission shall encourage public participation and, where appropriate, the Secretary shall hold public hearings relative to such matters in the States where processing sites and disposal sites are located. TERMINATION;

AUTHORIZATION

SEC. 112. (a) The authority of the Secretary to perform remedial 42 USC 7922. action under this title shall terminate on the date seven years after the date of promulgation by the Administrator of general standards applicable to such remedial action unless such termination date is specifically extended by an Act of Congress enacted after the date of enactment of this Act. (b) The amounts authorized to be appropriated to carry out the " i purposes of this title by the Secretary, the Administrator, the Commission, and the Secretary of the Interior shall not exceed such amounts as are established m annual authorization Acts for fiscal year 1979 and each fiscal year thereafter applicable to the Department of Energy. Any sums appropriated for the purposes of this title shall be available until expended. LIMITATION

SEC. 113. The authority under this title to enter into contracts or 42 USC 7923. other obligations requiring the United States to make outlays may

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