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42 U.S.C. § 2111 — Domestic distribution
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 2112 or [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2114&num=0&edition=prelim). The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and (c) will encourage research and development. In distributing such material, the Commission shall give preference to applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Co
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Source file: Laws/federal/codes/united-states-code/title-42/section-2111-domestic-distribution--32c482976d.md
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Source location: Title 42, Chapter 23, § 2111; chapter-023-development-and-control-of-atomic-energy.md
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**(a) In general** No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 2112 or [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2114&num=0&edition=prelim). The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and (c) will encourage research and development. In distributing such material, the Commission shall give preference to applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Commission or in a manner other than as disclosed in the application therefor or approved by the Commission. The Commission is authorized to establish classes of byproduct material and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public.
**(b) Requirements**
(1) **In general** — Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of [section 2014(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e&num=0&edition=prelim), may only be transferred to and disposed of in a disposal facility that—
(A) is adequate to protect public health and safety; and
(B)
(i) is licensed by the Commission; or
(ii) is licensed by a State that has entered into an agreement with the Commission under [section 2021(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021/b&num=0&edition=prelim), if the licensing requirements of the State are compatible with the licensing requirements of the Commission.
(2) **Effect of subsection** — Nothing in this subsection affects the authority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of [section 2014(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e&num=0&edition=prelim), at a disposal facility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act ([42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.).
**(c) Treatment as low-level radioactive waste** Byproduct material, as defined in paragraphs (3) and (4) of [section 2014(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e&num=0&edition=prelim), disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of—
(1) section 2 of the Low-Level Radioactive Waste Policy Act ([42 U.S.C. 2021b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021b&num=0&edition=prelim)); or
(2) carrying out a compact that is—
(A) entered into in accordance with that Act ([42 U.S.C. 2021b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021b&num=0&edition=prelim) et seq.); and
(B) approved by Congress.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Management function** The Commission shall insure that the management of any byproduct material, as defined 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), is carried out in such manner as—
(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,11 So in original.
(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2022&num=0&edition=prelim), and
(3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.].
**(b) Rules, regulations, or orders for certain activities; civil penalty** In carrying out its authority under this section, the Commission is authorized to—
(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under [section 2111 of this title](https://u
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of sections 2021b to 2021j of this title:
(1) **Agreement State** — The term “agreement State” means a State that—
(A) has entered into an agreement with the Nuclear Regulatory Commission under [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2021&num=0&edition=prelim); and
(B) has authority to regulate the disposal of low-level radioactive waste under such agreement.
(2) **Allocation** — The term “allocation” means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title.
(3) **Commercial nuclear power reactor** — The term “commercial nuclear power reactor” means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title.
(4) **Compact** — The term “compact” means a compact entered into by two or more States pursuant to sections 2021b to 2021j of this title.
(5) **Compact commission** — The term “compact commission” means the regional commission, committee, or board established in a compact to administer such compact.
(6) **Compact region** — The term “compact region” means the area consisting of all States that are members of a compact.
(7) **Disposal** — The term “disposal” means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State.
(8) **Generate** — The term “generate”, when used in relation to low-level radioactive waste, means to pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2021b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Specific assurances in license for pretermination actions** Any license issued or renewed after the effective date of this section under section 2092 or [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2111&num=0&edition=prelim) for any activity which results in the production of any byproduct material, as defined 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), shall contain such terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such license—
(1) the licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which such byproduct material is deposited, and
(2) ownership of any byproduct material, as defined 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), which resulted from such licensed activity shall be transferred to (A) the United States or (B) in the State in which such activity occurred if such State exercises the option under subsection (b)(1) to acquire land used for the disposal of byproduct material.
Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination.
**(b) Transfer of title; health and environmental protection through maintenance of property and materials; use of surface or subsurface estates: first refusal rights of transferor; maintenance, monitoring, and emergency meas
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law.
**(b) Amount and type of financial protection for licensees**
(1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
**(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter.
**(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter.
**(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator.
**(e) Transfer to Administrator of certain functions of Secretary of the Interior
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815
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Federal law — U.S. Code and appendices · legal_authorities
Page 5377
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2021b
‘‘(b) The total amount obligated for the project by
the Secretary shall be 90 per centum of the costs of the
project.
‘‘(c) The authority of the Secretary to enter into con-
tracts under this Act shall be effective for any fiscal
year only to such extent or in such amounts as are pro-
vided in advance by appropriation Acts.
‘‘SEC. 4. Not later than February 1, 1981, and on Feb-
ruary 1 of each calendar year thereafter during the
term of the project, the Secretary shall transmit to the
Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate an up-to-date report
containing a detailed description of the activities of
the Secretary in carrying out the project, including
agreements entered into and the costs incurred during
the period reported on and the activities to be under-
taken in the next fiscal year and the estimated costs
thereof.
‘‘SEC. 5. (a) Other than the costs and responsibilities
established by this Act for the project, nothing in this
Act shall be construed as affecting any rights, obliga-
tions, or liabilities of the commercial operator of the
Center, the State, or any person, as is appropriate, aris-
ing under the Atomic Energy Act of 1954 [this chapter]
or under any other law, contract, or agreement for the
operation, maintenance, or decontamination of any fa-
cility or property at the Center or for any wastes at the
Center. Nothing in this Act shall be construed as af-
fecting any applicable licensing requirement of the
Atomic Energy Act of 1954 or the Energy Reorganiza-
tion Act of 1974 [section 5801 et seq. of this title]. This
Act shall not apply or be extended to any facility or
property at the Center which is not used in conducting
the proje
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2021b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2021b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5414
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2099
of September 13, 1945, Executive Order 9701 of
March 4, 1946, the Atomic Energy Act of 1946, or
Executive Order 9908 of December 5, 1947, in any
patent, conveyance, lease, permit, or other au-
thorization or instrument disposing of any in-
terest in public or acquired lands of the United
States, is released, remised, and quitclaimed to
the person or persons entitled upon August 19,
1958 under the grant from the United States or
successive grants to the ownership, occupancy,
or use of the land under the applicable Federal
or State laws: Provided, however, That in cases
where any such reservation on acquired lands of
the United States has been heretofore released,
remised, or quitclaimed subsequent to August
12, 1954, in reliance upon authority deemed to
have been contained in the Atomic Energy Act
of 1946, as amended, or the Atomic Energy Act of
1954 [42 U.S.C. 2011 et seq.], as heretofore amend-
ed, the same shall be valid and effective in all
respects to the same extent as if public lands
and not acquired lands had been involved. The
foregoing release shall be subject to any rights
which may have been granted by the United
States pursuant to any such reservation, but the
releases shall be subrogated to the rights of the
United States.
(c) Prior locations
Notwithstanding the provisions of the Atomic
Energy Act of 1946, as amended, and particularly
section 5(b)(7) thereof, or the provisions of sec-
tions 501 to 505 of title 30, and particularly sec-
tion 503 of title 30, any mining claim, heretofore
located under the mining laws of the United
States, for or based upon a discovery of a min-
eral deposit which is a source material and
which, except for the possible contrary con-
struction
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2111
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6921
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6901
Sec.
6985.
Special study and demonstration projects on
recovery of useful energy and materials.
6986.
Grants for resource recovery systems and im-
proved solid waste disposal facilities.
6987.
Authorization of appropriations.
SUBCHAPTER IX—REGULATION OF
UNDERGROUND STORAGE TANKS
6991.
Definitions and exemptions.
6991a.
Notification.
6991b.
Release detection, prevention, and correction
regulations.
6991c.
Approval of State programs.
6991d.
Inspections, monitoring, testing, and correc-
tive action.
6991e.
Federal enforcement.
6991f.
Federal facilities.
6991g.
State authority.
6991h.
Study of underground storage tanks.
6991i.
Operator training.
6991j.
Use of funds for release prevention and com-
pliance.
6991k.
Delivery prohibition.
6991l.
Tanks on tribal lands.
6991m.
Authorization of appropriations.
SUBCHAPTER X—DEMONSTRATION MEDICAL
WASTE TRACKING PROGRAM
6992.
Scope of demonstration program for medical
waste.
6992a.
Listing of medical wastes.
6992b.
Tracking of medical waste.
6992c.
Inspections.
6992d.
Enforcement.
6992e.
Federal facilities.
6992f.
Relationship to State law.
6992g.
Repealed.
6992h.
Health impacts report.
6992i.
General provisions.
6992j.
Effective date.
6992k.
Authorization of appropriations.
SUBCHAPTER I—GENERAL PROVISIONS
§ 6901. Congressional findings
(a) Solid waste
The Congress finds with respect to solid
waste—
(1)
that
the
continuing
technological
progress and improvement in methods of man-
ufacture, packaging, and marketing of con-
sumer products has resulted in an ever-mount-
ing increase, and in a change in the character-
istics, of the mass material discarded by the
purchaser of such products;
(2) that the econo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.