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- 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