42 U.S.C. § 7915 — Indian tribe cooperative agreements

Page 7498 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7915 ty and other actions as the Commission deems necessary to comply with the standards of sec- tion 2022(a) of this title. The Secretary or such other Federal agency is authorized to carry out maintenance, monitoring and emergency meas- ures under this subsection, but shall take no other action pursuant to such license, rule or order with respect to such property and min- erals unless expressly authorized by Congress after November 8, 1978. The United States shall not transfer title to property or interest therein acquired under this subsection to any person or State, except as provided in subsection (h). (g) Reimbursement; fair market value; deposits in Treasury Each agreement under section 7913 of this title which permits any sale described in subsection (e)(1)(A) shall provide for the prompt reimburse- ment to the Secretary from the proceeds of such sale. Such reimbursement shall be in an amount equal to the lesser of— (1) that portion of the fair market value of the lands or interests therein which bears the same ratio to such fair market value as the Federal share of the costs of acquisition by the State to such lands or interest therein bears to the total cost of such acquisition, or (2) the total amount paid by the Secretary with respect to such acquisition. The fair market value of such lands or interest shall be determined by the Secretary as of the date of the sale by the State. Any amounts re- ceived by the Secretary under this subchapter shall be deposited in the Treasury of the United States as miscellaneous receipts. (h) Subsurface mineral rights; sale, lease, or other disposition; restoration costs for dis- turbance of residual radioactive materials No provision of any agreement under section 7913 of this title shall prohibit the Secretary of the Interior, with the concurrence of the Sec- retary of Energy and the Commission, from dis- posing of any subsurface mineral rights by sale or lease (in accordance with laws of the United States applicable to the sale, lease, or other dis- posal of such rights) which are associated with land on which residual radioactive materials are disposed and which are transferred to the United States as required under this section if the Sec- retary of the Interior takes such action as the Commission deems necessary pursuant to a li- cense issued by the Commission to assure that the residual radioactive materials will not be disturbed by reason of any activity carried on following such disposition. If any such materials are disturbed by any such activity, the Sec- retary of the Interior shall insure, prior to the disposition of the minerals, that such materials will be restored to a safe and environmentally sound condition as determined by the Commis- sion, and that the costs of such restoration will be borne by the person acquiring such rights from the Secretary of the Interior or from his successor or assign. (Pub. L. 95–604, title I, § 104, Nov. 8, 1978, 92 Stat. 3025; Pub. L. 104–259, § 4(a), Oct. 9, 1996, 110 Stat. 3174.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(1), 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. AMENDMENTS 1996—Subsec. (d). Pub. L. 104–259 inserted at end ‘‘For purposes of this subsection, the term ‘site’ does not in- clude any property described in section 7911(6)(B) of this title which is in a State which the Secretary has certified has a program which would achieve the pur- poses of this subsection.’’ § 7915. Indian tribe cooperative agreements (a) Authority of Secretary; priorities for remedial action; use of Indian personnel; terms and conditions After notifying the Indian tribe of the designa- tion pursuant to section 7912 of this title, the Secretary, in consultation with the Secretary of the Interior, is authorized to enter into a coop- erative agreement, subject to section 7923 of this title, 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 estab- lished by him under section 7912 of this title. In performing any remedial action under this sec- tion and in carrying out any continued moni- toring or maintenance respecting residual radio- active materials associated with any site sub- ject to a cooperative agreement under this sec- tion, the Secretary shall make full use of any qualified members of Indian tribes resident in the vicinity of any such site. Each such agree- ment 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 waiv- er (A) releasing the United States of any li- ability or claim thereof by such tribe or per- son 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 by the Secretary or such person as he may designate. (3) The Secretary, the Commission, and the Administrator and their authorized represent- atives shall have a permanent right of entry at any time to inspect such processing site in furtherance of the provisions of this sub- chapter, to carry out such agreement, and to enforce any rules prescribed under this chap- ter. Each agreement under this section shall take ef- fect only upon concurrence of the Commission with the terms and conditions thereof. 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