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

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

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

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Stable record: federal_law:legal_authorities:record_usc_d9ce2ad343da323a9de14cee
Source file: Laws/federal/codes/united-states-code/title-42/section-7916-indian-tribe-cooperative-agreements--b616f55155.md
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Source location: Title 42, Chapter 88, § 7916; chapter-088-uranium-mill-tailings-radiation-control.md

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**(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 States harmless against any claim arising out of the performance of any such remedial action. (2) The remedial action shall be selected and performed in accordance with [section 7918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7918&num=0&edition=prelim) by the Secretary or such person as he may designate. (3) The Secretary, the Commission, and the Administrator and their authorized representatives shall have a permanent right of entry at any time to inspect such processing site in furtherance of the provisions of this subchapter, to carry out such agreement, and to enforce any rules prescribed under this chapter. Each agreement under this section shall take effect only upon concurrence of the Commission with the terms and conditions thereof. **(b) Disposition and stabilization sites for residual radioactive materials; transfer to Secretary of the Interior** When the Secretary with the concurrence of the Commission determines removal of residual radioactive materials from a processing site on lands described in subsection (a) to be appropriate, he shall provide, consistent with other applicable provisions of law, a site or sites for the permanent disposition and stabilization in a safe and environmentally sound manner of such residual radioactive materials. Such materials shall be transferred to the Secretary (without payment therefor by the Secretary) and permanently retained and maintained by the Secretary under the conditions established in a license issued by the Commission, subject to section 7914(f)(2) and (h) of this title.

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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

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7918

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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. § 7914 — State cooperative agreements

**(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) Wri

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7914

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

42 U.S.C. § 7916 — Acquisition of land by Secretary; transfer

Page 7499 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7917 1 So in original. Probably should be ‘‘section’’. (b) Disposition and stabilization sites for resid- ual radioactive materials; transfer to Sec- retary of the Interior When the Secretary with the concurrence of the Commission determines removal of residual radioactive materials from a processing site on lands described in subsection (a) to be appro- priate, he shall provide, consistent with other applicable provisions of law, a site or sites for the permanent disposition and stabilization in a safe and environmentally sound manner of such residual radioactive materials. Such materials shall be transferred to the Secretary (without payment therefor by the Secretary) and perma- nently retained and maintained by the Sec- retary under the conditions established in a li- cense issued by the Commission, subject to sec- tion 7914(f)(2) and (h) of this title. (Pub. L. 95–604, title I, § 105, Nov. 8, 1978, 92 Stat. 3028.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classifica- tion of this Act to the Code, see Short Title note under section 7901 of this title and Tables. § 7916. Acquisition of land by Secretary; transfer of public lands by Secretary of the Interior to Secretary; consultations with Governor; consent of Governor; transfer from Federal agency to Secretary Where necessary or appropriate in order to consolidate in a safe and environmentally sound manner the location of residual radioactive ma- terials which are removed from processing sites under cooperative agreements under this sub- chap

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