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42 U.S.C. § 2113 — Ownership and custody of certain byproduct material and disposal sites

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

42 U.S.C. § 2113 — Ownership and custody of certain byproduct material and disposal sites

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Stable record: federal_law:legal_authorities:record_usc_dc4bc81c627778c2d67f5cd6
Source file: Laws/federal/codes/united-states-code/title-42/section-2113-ownership-and-custody-of-certain-byproduct-material-and-disposal-sites--bfd6d3493e.md
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Source location: Title 42, Chapter 23, § 2113; chapter-023-development-and-control-of-atomic-energy.md

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**(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 measures and other authorized action; licensee-transferor liability for fraud or negligence; administrative and legal costs limitation; government retransfers under [section 7914(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914/h&num=0&edition=prelim)** (1) (A) The Commission shall require by rule, regulation, or order that prior to the termination of any license which is issued after the effective date of this section, title to the land, including any interests therein (other than land owned by the United States or by a State) which is used for the disposal of any byproduct material, as defined by [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), pursuant to such license shall be transferred to— (i) the United States, or (ii) the State in which such land is located, at the option of such State, unless the Commission determines prior to such termination that transfer of title to such land and such byproduct material is not necessary or desirable to protect the public health, safety, or welfare or to minimize or eliminate danger to life or property. Such determination shall be made in accordance with [section 2231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2231&num=0&edition=prelim). Notwithstanding any other provision of law or any such determination, such property and materials shall be maintained pursuant to a license issued by the Commission pursuant to [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2111&num=0&edition=prelim) in such manner as will protect the public health, safety, and the environment. (B) If the Commission determines by order that use of the surface or subsurface estates, or both, of the land transferred to the United States or to a State under subparagraph (A) would not endanger the public health, safety, welfare, or environment, the Commission, pursuant to such regulations as it may prescribe, shall permit the use of the surface or subsurface estates, or both, of such land in a manner consistent with the provisions of this section. If the Commission permits such use of such land, it shall provide the person who transferred such land with the right of first refusal with respect to such use of such land. (2) If transfer to the United States of title to such byproduct material and such land is required under this section, the Secretary of Energy or any Federal agency designated by the President shall, following the Commission’s determination of compliance under subsection (c), assume title and custody of such byproduct material and land transferred as provided in this subsection. Such Secretary or Federal agency shall maintain such material and land in such manner as will protect the public health and safety and the environment. Such custody may be transferred to another officer or instrumentality of the United States only upon approval of the President. (3) If transfer to a State of title to such byproduct material is required in accordance with this subsection, such State shall, following the Commission’s determination of compliance under subsection (d), assume title and custody of such byproduct material and land transferred as provided in this subsection. Such State shall maintain such material and land in such manner as will protect the public health, safety, and the environment. (4) In the case of any such license under [section 2092 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2092&num=0&edition=prelim), which was in effect on the effective date of this section, the Commission may require, before the termination of such license, such transfer of land and interests therein (as described in paragraph (1) of this subsection) to the United States or a State in which such land is located, at the option of such State, as may be necessary to protect the public health, welfare, and the environment from any effects associated with such byproduct material. In exercising the authority of this paragraph, the Commission shall take into consideration the status of the ownership of such land and interests therein and the ability of the licensee to transfer title and custody thereof to the United States or a State. (5) The Commission may, pursuant to a license, or by rule or order, require the Secretary or other Federal agency or State having custody of such property and materials to undertake such monitoring, maintenance, and emergency measures as are necessary to protect the public health and safety and such other actions as the Commission deems necessary to comply with the standards promulgated pursuant to [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2114&num=0&edition=prelim). The Secretary or such other Federal agency is authorized to carry out maintenance, monitoring, and emergency measures, but shall take no other action pursuant to such license, rule or order, with respect to such property and materials unless expressly authorized by Congress after November 8, 1978. (6) The transfer of title to land or byproduct materials, 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), to a State or the United States pursuant to this subsection shall not relieve any licensee of liability for any fraudulent or negligent acts done prior to such transfer. (7) Material and land transferred to the United States or a State in accordance with this subsection shall be transferred without cost to the United States or a State (other than administrative and legal costs incurred in carrying out such transfer). Subject to the provisions of paragraph (1)(B) of this subsection, the United States or a State shall not transfer title to material or property acquired under this subsection to any person, unless such transfer is in the same manner as provided under [section 7914(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914/h&num=0&edition=prelim). (8) The provisions of this subsection respecting transfer of title and custody to land shall not apply in the case of lands held in trust by the United States for any Indian tribe or lands owned by such Indian tribe subject to a restriction against alienation imposed by the United States. In the case of such lands which are used for the disposal of 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), the licensee shall be required to enter into such arrangements with the Commission as may be appropriate to assure the long-term maintenance and monitoring of such lands by the United States. **(c) Compliance with applicable standards and license requirements; determination upon termination of license** Upon termination on 11 So in original. Probably should be “of”. any license to which this section applies, the Commission shall determine whether or not the licensee has complied with all applicable standards and requirements under such license.

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

42 U.S.C. § 2114 — Authorities of Commission respecting certain byproduct material

**(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

42 U.S.C. § 2014 — Definitions

The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter: **(a)** The term “agency of the United States” means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch. **(b)** The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim). **(c)** The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation. **(d)** The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device. **(e)** The term “byproduct material” means— (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source mater

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2014

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

42 U.S.C. § 2092 — License requirements for transfers

Unless authorized by a general or specific license issued by the Commission which the Commission is authorized to issue, no person may transfer or receive in interstate commerce, transfer, deliver, receive possession of or title to, or import into or export from the United States any source material after removal from its place of deposit in nature, except that licenses shall not be required for quantities of source material which, in the opinion of the Commission, are unimportant.

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

42 U.S.C. § 2111 — Domestic distribution

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2111

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

42 U.S.C. § 2231 — Applicability of administrative procedure provisions; definitions

**(a) In general** The provisions of subchapter II of chapter 5, and chapter 7, of title 5 shall apply to all agency action taken under this chapter, and the terms “agency” and “agency action” shall have the meaning specified in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim): Provided, however, That in the case of agency proceedings or actions which involve Restricted Data, defense information, safeguards information protected from disclosure under the authority of [section 2167 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2167&num=0&edition=prelim) or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim), the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim) to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data, defense information, such safeguards information, or information protected from dissemination under the authority of [section 2168 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2168&num=0&edition=prelim) were not involved. **(b) Efficient licensing reviews** The Commission shall provide for efficient and timely reviews and proceedings for the granting, suspen

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

42 U.S.C. § 2021 — Cooperation with States

**(a) Purpose** It is the purpose of this section— (1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this chapter of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials; (2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials; (3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials; (4) to establish procedures and criteria for discontinuance of certain of the Commission’s regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States; (5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and (6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable. **(b) Agreements with States** Except as provided in subsection (c), the Commission is authorized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under subchapters V, VI, and VII of this division, and [section 2201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2201&num=0&edition=prelim), with respect to any one or more of the following materials within the State: (1) Byproduct materials (as defined in [section 2014(e) of this title

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

42 U.S.C. § 2113 — Ownership and custody of certain byprod-

Page 5416 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2113 (c) Distributor’s license The Commission is authorized to license oth- ers to distribute byproduct material to any per- son outside the United States under the same conditions, except as to charges, as would be ap- plicable if the material were distributed by the Commission. (Aug. 1, 1946, ch. 724, title I, § 82, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2113. Ownership and custody of certain byprod- uct material and disposal sites (a) Specific assurances in license for pretermination actions Any license issued or renewed after the effec- tive date of this section under section 2092 or section 2111 of this title for any activity which results in the production of any byproduct ma- terial, as defined in section 2014(e)(2) of this title, shall contain such terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such li- cense— (1) the licensee will comply with decon- tamination, decommissioning, and reclama- tion standards prescribed by the Commission for sites (A) at which ores were processed pri- marily for their source material content and (B) at which such byproduct material is depos- ited, and (2) ownership of any byproduct material, as defined in section 2014(e)(2) of this title, 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 sub- section (b)(1) to acquire land used for the dis- posal of byproduct material. Any license which is in effect on the effective date of this section and which is subsequen

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