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42 U.S.C. § 7914 — State cooperative agreements

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7914 — State cooperative agreements

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Stable record: federal_law:legal_authorities:record_usc_6c0decfc47e13df418d5f04c
Source file: Laws/federal/codes/united-states-code/title-42/section-7914-state-cooperative-agreements--54be8b40a0.md
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Source location: Title 42, Chapter 88, § 7914; chapter-088-uranium-mill-tailings-radiation-control.md

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**(a) Authority of Secretary; prompt commencement of preparations** After notifying a State of the designation referred to in [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim), the Secretary subject to [section 7923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7923&num=0&edition=prelim), is authorized to enter into cooperative agreements with such State to perform remedial actions at each designated processing site in such State (other than a site located on Indian lands referred to in [section 7915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7915&num=0&edition=prelim)). The Secretary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the priorities established by him under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim). The Secretary shall commence preparations for cooperative agreements with respect to each designated processing site as promptly as practicable following the designation of each site. **(b) Terms and conditions; limitation of Federal assistance** Each cooperative agreement under this section shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this chapter, including, but not limited to, a limitation on the use of Federal assistance to those costs which are directly required to complete the remedial action selected pursuant to [section 7918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7918&num=0&edition=prelim). **(c) Written consent of record interest holder; waiver** (1) Except where the State is required to acquire the processing site as provided in subsection (a) of [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914&num=0&edition=prelim), each cooperative agreement with a State under this section shall provide that the State shall obtain, in a form prescribed by the Secretary, written consent from any person holding any record interest in the designated processing site for the Secretary or any person designated by him to perform remedial action at such site. (2) Such written consent shall include a waiver by each such person on behalf of himself, his heirs, successors, and assigns— (A) releasing the United States of any liability or claim thereof by such person, his heirs, successors, and assigns concerning such remedial action, and (B) holding the United States harmless against any claim by such person on behalf of himself, his heirs, successors, or assigns arising out of the performance of any such remedial action. **(d) Inspection entries; termination of right of entry** Each cooperative agreement under this section shall require the State to assure that the Secretary, the Commission, and the Administrator and their authorized representatives have a permanent right of entry at any time to inspect the processing site and the site provided pursuant to [section 7914(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914/b/1&num=0&edition=prelim) in furtherance of the provisions of this subchapter and to carry out such agreement and enforce this chapter and any rules prescribed under this chapter. Such right of entry under this section or [section 7916 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7916&num=0&edition=prelim) into an area described in [section 7911(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911/6/B&num=0&edition=prelim) shall terminate on completion of the remedial action, as determined by the Secretary. **(e) Effective date** Each agreement under this section shall take effect only upon the concurrence of the Commission with the terms and conditions thereof. **(f) Reimbursement** The Secretary may, in any cooperative agreement entered into under this section or [section 7915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7915&num=0&edition=prelim), provide for reimbursement of the actual costs, as determined by the Secretary, of any remedial action performed with respect to so much of a designated processing site as is described in [section 7911(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911/6/B&num=0&edition=prelim). Such reimbursement shall be made only to a property owner of record at the time such remedial action was undertaken and only with respect to costs incurred by such property owner. No such reimbursement may be made unless— (1) such remedial action was completed prior to November 8, 1978, and unless the application for such reimbursement was filed by such owner within one year after an agreement under this section or [section 7915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7915&num=0&edition=prelim) is approved by the Secretary and the Commission, and (2) the Secretary is satisfied that such action adequately achieves the purposes of this chapter with respect to the site concerned and is consistent with the standards established by the Administrator pursuant to [section 2022(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2022/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7901 — Designation by Secretary as processing sites for subchapter I purposes

**(a) New Mexico cooperative agreement respecting certain residual radioactive materials; submission to Congressional committees** Within ninety days from the date of his receipt of the report and recommendations submitted by the Commission under [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), notwithstanding the limitations contained in section 7911(6)(A) and in [section 7925(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7925/a&num=0&edition=prelim), if the Commission determines, based on such study, that such sites cannot be regulated and controlled by the State or the Commission in the manner described in [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), the Secretary may designate either or both of the sites referred to in [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim) as a processing site for purposes of subchapter I. Following such designation, the Secretary may enter into cooperative agreements with New Mexico to perform remedial action pursuant to such subchapter I concerning only the residual radioactive materials at such site resulting from uranium produced for sale to a Federal agency prior to January 1, 1971, under contract with such agency. Any such designation shall be submitted by the Secretary, together with his estimate of the cost of carrying out such remedial action at the designated site, to the Committee on Interior and Insular Affairs and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Reso

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7901

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7915 — Acquisition and disposition of lands and materials

**(a) State acquisition; windfall profits prevention** Each cooperative agreement under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7913&num=0&edition=prelim) shall require the State, where determined appropriate by the Secretary with the concurrence of the Commission, to acquire any designated processing site, including where appropriate any interest therein. In determining whether to require the State to acquire a designated processing site or interest therein, consideration shall be given to the prevention of windfall profits. **(b) Disposition and stabilization site for residual radioactive materials; Federal site available** (1) If the Secretary with the concurrence of the Commission determines that removal of residual radioactive material from a processing site is appropriate, the cooperative agreement shall provide that the State shall acquire land (including, where appropriate, any interest therein) to be used as a site for the permanent disposition and stabilization of such residual radioactive materials in a safe and environmentally sound manner. (2) Acquisition by the State shall not be required under this subsection if a site located on land controlled by the Secretary or made available by the Secretary of the Interior pursuant to [section 7916(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7916/2&num=0&edition=prelim) is designated by the Secretary, with the concurrence of the Commission, for such disposition and stabilization. **(c) Boundary limitations** No State shall be required under subsection (a) or (b) to acquire any real property or improvement outside the boundaries of— (1) that portion of the processing site which is described in [sect

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7915

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7912 — 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. (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 of the Interior to Indians. (5) The term “person” means any individual, association, partnership, corporation, firm, joint venture, trust, government entity, and any other entity, except that such term does not include any Indian or Indian tribe. (6) The term “processing site” means— (A) any site, including the mill, containing residual radioactive materials at which all or substantially all of the uranium was produced for sale to any Federal agency prior to January 1, 1971 under a contract with any Federal agency, 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, or (ii) a license (issued by the Commission or its predecessor agency under the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.] or by a State as permitted under section 274 of such Act [[42 U.S.C. 2021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim)]) 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 vic

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7912

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7918 — Financial assistance

**(a) Federal and non-Federal funds; administrative costs** In the case of any designated processing site for which an agreement is executed with any State for remedial action at such site, the Secretary shall pay 90 per centum of the actual cost of such remedial action, including the actual costs of acquiring such site (and any interest therein) or any disposition site (and any interest therein) pursuant to [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7913&num=0&edition=prelim), and the State shall pay the remainder of such costs from non-Federal funds. The Secretary shall not pay the administrative costs incurred by any State to develop, prepare, and carry out any cooperative agreement executed with such State under this subchapter, except the proportionate share of the administrative costs associated with the acquisition of lands and interests therein acquired by the State pursuant to this subchapter. **(b) Indian land processing sites** In the case of any designated processing site located on Indian lands, the Secretary shall pay the entire cost of such remedial action.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7923 — Termination of authority of Secretary

**(a) Exceptions; “byproduct material” defined** (1) The authority of the Secretary to perform remedial action under this subchapter shall terminate on September 30, 1998, except that— (A) the authority of the Secretary to perform groundwater restoration activities under this subchapter is without limitation, and (B) the Secretary may continue operation of the disposal site in Mesa County, Colorado (known as the Cheney disposal cell) for receiving and disposing of residual radioactive material from processing sites and of byproduct material from property in the vicinity of the uranium milling site located in Monticello, Utah, until the Cheney disposal cell has been filled to the capacity for which it was designed, or September 30, 2031, whichever comes first. (2) For purposes of this subsection, the term “byproduct material” has the meaning given that term in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim). **(b) Authorization of appropriations** The amounts authorized to be appropriated to carry out the purposes of this subchapter by the Secretary, the Administrator, the Commission, and the Secretary of the Interior shall not exceed such amounts as are established in 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 subchapter shall be available until expended.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7923

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7916 — Indian tribe cooperative agreements

**(a) Authority of Secretary; priorities for remedial action; use of Indian personnel; terms and conditions** After notifying the Indian tribe of the designation pursuant to [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim), the Secretary, in consultation with the Secretary of the Interior, is authorized to enter into a cooperative agreement, subject to [section 7923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7923&num=0&edition=prelim), with any Indian tribe to perform remedial action at a designated processing site located on land of such Indian tribe. The Secretary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the priorities established by him under [section 7912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7912&num=0&edition=prelim). In performing any remedial action under this section and in carrying out any continued monitoring or maintenance respecting residual radioactive materials associated with any site subject to a cooperative agreement under this section, the Secretary shall make full use of any qualified members of Indian tribes resident in the vicinity of any such site. Each such agreement shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this chapter. Such terms and conditions shall require the following: (1) The Indian tribe and any person holding any interest in such land shall execute a waiver (A) releasing the United States of any liability or claim thereof by such tribe or person concerning such remedial action and (B) holding the United S

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7916

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7914 — Acquisition and disposition of lands and

Page 7496 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7913 authorized by title II of Pub. L. 92–314, June 16, 1972, 86 Stat. 222, which is not classified to the Code. AMENDMENTS 2018—Subsec. (f)(3). Pub. L. 115–232 substituted ‘‘(10 U.S.C. 8720 note; Public Law 105–261)’’ for ‘‘(10 U.S.C. 7420 note; Public Law 105–261)’’ in introductory provi- sions. 2000—Subsec. (f). Pub. L. 106–398 added subsec. (f). 1983—Subsec. (e)(3). Pub. L. 97–415 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 7913. State cooperative agreements (a) Authority of Secretary; prompt commence- ment of preparations After notifying a State of the designation re- ferred to in section 7912 of this title, the Sec- retary subject to section 7923 of this title, is au- thorized to enter into cooperative agreements with such State to perform remedial actions at each designated processing site in such State (other than a site located on Indian lands re- ferred to in section 7915 of this title). The Sec- retary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the prior- ities established by him under section 7912 of this title. The Secretary shall commence prep- arations for cooperative agreements with re- spect to each designated processing site as promptly as practicable following the designa- tion of each site. (b) Terms and conditions; limitation of Federal assistance Each cooperative agreement under this sec- tion shal

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7914

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