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42 U.S.C. § 7917 — Financial assistance

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

42 U.S.C. § 7917 — Financial assistance

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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- chapter, or where otherwise necessary for the permanent disposition and stabilization of such materials in such manner— (1) the Secretary may acquire land and in- terests in land for such purposes by purchase, donation, or under any other authority of law or (2) the Secretary of the Interior may trans- fer permanently to the Secretary to carry out the purposes of this chapter, public lands under the jurisdiction of the Bureau of Land Management in the vicinity of processing sites in the following counties: (A) Apache County in the State of Arizona; (B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San Miguel Counties in the State of Colorado; (C) Boise County in the State of Idaho; (D) Billings and Bowman Counties in the State of North Dakota; (E) Grand and San Juan Counties in the State of Utah; (F) Converse and Fremont Counties in the State of Wyoming; and (G) Any other county in the vicinity of a processing site, if no site in the county in which a processing site is located is suitable. Any permanent transfer of lands under the juris- diction of the Bureau of Land Management by the Secretary of the Interior to the Secretary shall not take place until the Secretary com- plies with the requirements of the National En- vironmental Policy Act (42 U.S.C. 4321 et seq.) with respect to the selection of a site for the permanent disposition and stabilization of resid- ual radioactive materials. Section 1714 of title 43 shall not apply to this transfer of jurisdiction. Prior to acquisition of land under paragraph (1) or (2) of this subsection 1 in any State, the Sec- retary shall consult with the Governor of such State. No lands may be acquired under such paragraph (1) or (2) in any State in which there is no (1) processing site designated under this subchapter or (2) active uranium mill operation, unless the Secretary has obtained the consent of the Governor of such State. No lands controlled by any Federal agency may be transferred to the Secretary to carry out the purposes of this chap- ter without the concurrence of the chief admin- istrative officer of such agency. (Pub. L. 95–604, title I, § 106, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 100–616, § 2, Nov. 5, 1988, 102 Stat. 3192.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 classification of this Act to the Code, see Short Title note set out under sec- tion 7901 of this title and Tables. The National Environmental Policy Act, referred to in text, probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4321 of this title and Tables. AMENDMENTS 1988—Par. (2). Pub. L. 100–616 added par. (2) and con- cluding provisions and struck out former par. (2) and concluding provisions which read as follows: ‘‘(2) the Secretary of the Interior may make avail- able public lands administered by him for such pur- poses in accordance with other applicable provisions of law. Prior to acquisition of land under paragraph (1) or (2) of this subsection in any State, the Secretary shall consult with the Governor of such State. No lands may be acquired under such paragraph (1) or (2) in any State in which there is no (1) processing site designated under this subchapter or (2) active uranium mill operation, unless the Secretary has obtained the consent of the Governor of such State. No lands controlled by any Federal agency may be transferred to the Secretary to carry out the purposes of this chapter without the con- currence of the chief administrative officer of such agency.’’ § 7917. Financial assistance (a) Federal and non-Federal funds; administra- tive 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 Sec- retary shall pay 90 per centum of the actual cost of such remedial action, including the actual Page 7500 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7918 costs of acquiring such site (and any interest therein) or any disposition site (and any interest therein) pursuant to section 7913 of this title, 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 propor- tionate share of the administrative costs associ- ated 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. (Pub. L. 95–604, title I, § 107, Nov. 8, 1978, 92 Stat. 3029.) § 7918. Remedial action and mineral recovery ac- tivities (a) General standards for remedial action; Fed- eral performance and State participation; use of technology; promulgation of standards (1) The Secretary or such person as he may designate shall select and perform remedial ac- tions at designated processing sites and disposal sites in accordance with the general standards prescribed by the Administrator pursuant to section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)]. The State shall participate fully in the selection and performance of a reme- dial action for which it pays part of the cost. Such remedial action shall be selected and per- formed with the concurrence of the Commission and in consultation, as appropriate, with the In- dian tribe and the Secretary of the Interior. Re- sidual radioactive material from a processing site designated under this subchapter may be disposed of at a facility licensed under title II under the administrative and technical require- ments of such title. Disposal of such material at such a site in accordance with such require- ments shall be considered to have been done in accordance with the administrative and tech- nical requirements of this subchapter. (2) The Secretary shall use technology in per- forming such remedial action as will insure compliance with the general standards promul- gated by the Administrator under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] and will assure the safe and environ- mentally sound stabilization of residual radio- active materials, consistent with existing law. (3) Notwithstanding paragraphs (1) and (2) of this subsection, after October 31, 1982, if the Ad- ministrator has not promulgated standards under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 2022(a)] in final form by such date, remedial action taken by the Secretary under this subchapter shall comply with the standards proposed by the Administrator under such sec- tion 275 a. until such time as the Administrator promulgates the standards in final form. (b) Mineral concentration evaluation; terms and conditions for mineral recovery; payment of Federal and State share of net profits; recov- ery costs; licenses Prior to undertaking any remedial action at a designated site pursuant to this subchapter, the Secretary shall request expressions of interest from private parties regarding the remilling of the residual radioactive materials and the site and, upon receipt of any expression of interest, the Secretary shall evaluate among other things the mineral concentration of the residual radio- active materials at each designated processing site to determine whether, as a part of any re- medial action program, recovery of such min- erals is practicable. The Secretary, with the concurrence of the Commission, may permit the recovery of such minerals, under such terms and conditions as he may prescribe to carry out the purposes of this subchapter. No such recovery shall be permitted unless such recovery is con- sistent with remedial action. Any person per- mitted by the Secretary to recover such mineral shall pay to the Secretary a share of the net profits derived from such recovery, as deter- mined by the Secretary. Such share shall not ex- ceed the total amount paid by the Secretary for carrying out remedial action at such designated site. After payment of such share to the United States under this subsection, such person shall pay to the State in which the residual radio- active materials are located a share of the net profits derived from such recovery, as deter- mined by the Secretary. The person recovering such minerals shall bear all costs of such recov- ery. Any person carrying out mineral recovery activities under this paragraph shall be required to obtain any necessary license under the Atom- ic Energy Act of 1954 [42 U.S.C. 2011 et seq.] or under State law as permitted under section 274 of such Act [42 U.S.C. 2021]. (Pub. L. 95–604, title I, § 108, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 97–415, § 18(b), Jan. 4, 1983, 96 Stat. 2078; Pub. L. 104–259, § 4(b), Oct. 9, 1996, 110 Stat. 3174.) Editorial Notes REFERENCES IN TEXT Title II, referred to in subsec. (a)(1), is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which enacted sections 2022, 2113, and 2114 of this title, amended sections 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under sections 2014, 2021, and 2113 of this title. For complete classifica- tion of title II to the Code, see Tables. The Atomic Energy Act of 1954, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified prin- cipally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–259 inserted at end ‘‘Residual radioactive material from a processing site designated under this subchapter may be disposed of at a facility licensed under title II under the administra- tive and technical requirements of such title. Disposal of such material at such a site in accordance with such requirements shall be considered to have been done in accordance with the administrative and technical re- quirements of this subchapter.’’

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

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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

42 U.S.C. § 2011 — Congressional declaration of policy

Page 5360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2011 Sec. 2297f–2. Regulation of Restricted Data. SUBCHAPTER VII—DECONTAMINATION AND DECOMMISSIONING 2297g. Uranium Enrichment Decontamination and Decommissioning Fund. 2297g–1. Deposits. 2297g–2. Department facilities. 2297g–3. Employee provisions. 2297g–4. Reports to Congress. SUBCHAPTER VIII—UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION 2297h. Definitions. 2297h–1. Sale of Corporation. 2297h–2. Method of sale. 2297h–3. Establishment of private corporation. 2297h–4. Transfers to private corporation. 2297h–5. Leasing of gaseous diffusion facilities. 2297h–6. Transfer of contracts. 2297h–7. Liabilities. 2297h–8. Employee protections. 2297h–9. Ownership limitations. 2297h–10. Uranium transfers and sales. 2297h–10a. Incentives for additional downblending of highly enriched uranium by the Rus- sian Federation. 2297h–10b. Secretarial determinations; congres- sional notification. 2297h–11. Low-level waste. 2297h–12. AVLIS. 2297h–13. Application of certain laws. Editorial Notes CODIFICATION The Atomic Energy Act of 1954, which is classified principally to this chapter, is act Aug. 1, 1946, ch. 724. It was originally enacted as the Atomic Energy Act of 1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con- sisted of sections 1 to 21 and was classified generally to chapter 14 (§ 1801 et seq.) of this title. The Atomic En- ergy Act of 1946 was renamed the Atomic Energy Act of 1954 and amended generally by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, and was subsequently transferred to this chapter. Sections that were enacted as part of the 1954 general amendment are shown herein as having been added to act Aug. 1, 1946, and not as amending it, due to the

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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. § 2021 — Cooperation with States

Page 5371 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2021 1 So in original. Probably should not be capitalized. the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. § 2020. Licensing of Government agencies Nothing in this chapter shall preclude any Government agency now or hereafter authorized by law to engage in the production, marketing, or distribution of electric energy from obtaining a license under section 2133 of this title, if quali- fied under the provisions of said section, for the construction and operation of production or uti- lization facilities for the primary purpose of pro- ducing electric energy for disposition for ulti- mate public consumption. (Aug. 1, 1946, ch. 724, title I, § 273, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 2021. Cooperation with States (a) Purpose It is the purpose of this

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

42 U.S.C. § 2022 — Health and environmental standards for uranium mill tailings

**(a) Promulgation and revision of rules for protection from hazards at inactive or depository sites** As soon as practicable, but not later than October 1, 1982, the Administrator of the Environmental Protection Agency (hereinafter referred to in this section as the “Administrator”) shall, by rule, promulgate standards of general application (including standards applicable to licenses under section 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7914(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914/h&num=0&edition=prelim)]) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with residual radioactive materials (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911&num=0&edition=prelim)]) located at inactive uranium mill tailings sites and depository sites for such materials selected by the Secretary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911&num=0&edition=prelim) et seq.]. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of 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.]. In establishing such standards, the Administrator shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and

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

42 U.S.C. § 2022 — Health and environmental standards for

Page 5389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2022 1 So in original. Probably should be ‘‘States’’. site closure, and environmental monitoring, as necessary to meet the performance objectives established by the Commission for a licensed low-level radioactive waste disposal facility. The Commission shall specify and publish such requirements in a manner and form deemed ap- propriate by the Commission. (Pub. L. 96–573, § 8, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1858.) Editorial Notes CODIFICATION Section was enacted as part of the Low-Level Radio- active Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. § 2021i. Licensing review and approval In order to ensure the timely development of new low-level radioactive waste disposal facili- ties, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an application for a disposal facility license in ac- cordance with the laws applicable to such appli- cation, except that the Commission and the agreement state 1 shall— (1) not later than 12 months after January 15, 1986, establish procedures and develop the technical capability for processing applica- tions for such licenses; (2) to the extent practicable, complete all activities associated with the review and proc- essing of any application for such a license (except for public hearings) no later than 15 months after the date of receipt of such appli- cation; and (3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings. (Pub. L. 96–573, § 9, as added Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1859.) Editorial Notes CODIFICATION Section was enacted as part of the Low-Level R

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

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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

42 U.S.C. § 7917 — 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 materials which are removed from processing sites under cooperative agreements under this subchapter, or where otherwise necessary for the permanent disposition and stabilization of such materials in such manner— (1) the Secretary may acquire land and interests in land for such purposes by purchase, donation, or under any other authority of law or (2) the Secretary of the Interior may transfer permanently to the Secretary to carry out the purposes of this chapter, public lands under the jurisdiction of the Bureau of Land Management in the vicinity of processing sites in the following counties: (A) Apache County in the State of Arizona; (B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San Miguel Counties in the State of Colorado; (C) Boise County in the State of Idaho; (D) Billings and Bowman Counties in the State of North Dakota; (E) Grand and San Juan Counties in the State of Utah; (F) Converse and Fremont Counties in the State of Wyoming; and (G) Any other county in the vicinity of a processing site, if no site in the county in which a processing site is located is suitable. Any permanent transfer of lands under the jurisdiction of the Bureau of Land Management by the Secretary of the Interior to the Secretary shall not take place until the Secretary complies with the requirements of the National Environmental Policy Act ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) with respect to the selection of a site for the permanent disposition and stabilization of residual radioactive materials. [Section 1714 of title 43](https://uscode

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