42 U.S.C. § 7918 — Remedial action and mineral recovery ac-

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.’’ Page 7501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7922 1983—Subsec. (a)(2). Pub. L. 97–415, § 18(b)(2), struck out provision that no such remedial action could be un- dertaken under this section before the promulgation by the Administrator of general standards pursuant to section 275 a. of the Atomic Energy Act of 1954. Subsec. (a)(3). Pub. L. 97–415, § 18(b)(1), added par. (3). § 7919. Rules The Secretary may prescribe such rules con- sistent with the purposes of this chapter as he deems appropriate pursuant to title V of the De- partment of Energy Organization Act [42 U.S.C. 7191 et seq.]. (Pub. L. 95–604, title I, § 109, Nov. 8, 1978, 92 Stat. 3030.) 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 under section 7901 of this title and Tables. The Department of Energy Organization Act, referred to in text, is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565. Title V of the Department of Energy Organization Act is classified generally to subchapter V (§ 7191 et seq.) of chapter 84 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7920. Enforcement (a) Civil penalty; appellate review; action to re- cover civil penalty; sovereign immunity; eq- uitable remedies (1) Any person who violates any provision of this subchapter or any cooperative agreement entered into pursuant to this subchapter or any rule prescribed under this chapter concerning any designated processing site, disposition site, or remedial action shall be subject to an assess- ment by the Secretary of a civil penalty of not more than $1,000 per day per violation. Such as- sessment shall be made by order after notice and an opportunity for a public hearing, pursuant to section 554 of title 5. (2) Any person against whom a penalty is as- sessed under this section may, within sixty cal- endar days after the date of the order of the Sec- retary assessing such penalty, institute an ac- tion in the United States court of appeals for the appropriate judicial circuit for judicial re- view of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or set- ting aside in whole or in part, the order of the Secretary, or the court may remand the pro- ceeding to the Secretary for such further action as the court may direct. (3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, the Secretary shall insti- tute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. Sec- tion 7172(d) of this title shall not apply with re- spect to the functions of the Secretary under this section. (4) No civil penalty may be assessed against the United States or any State or political sub- division of a State or any official or employee of the foregoing. (5) Nothing in this section shall prevent the Secretary from enforcing any provision of this subchapter or any cooperative agreement or any such rule by injunction or other equitable rem- edy. (b) Atomic energy licensing requirements Subsection (a) shall not apply to any licensing requirement under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]. Such licensing re- quirements shall be enforced by the Commission as provided in such Act. (Pub. L. 95–604, title I, § 110, Nov. 8, 1978, 92 Stat. 3030.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(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. 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. § 7921. Public participation; public hearings In carrying out the provisions of this sub- chapter, including the designation of processing sites, establishing priorities for such sites, the selection of remedial actions, and the execution of cooperative agreements, the Secretary, the Administrator, and the Commission shall en- courage public participation and, where appro- priate, the Secretary shall hold public hearings relative to such matters in the States where processing sites and disposal sites are located. (Pub. L. 95–604, title I, § 111, Nov. 8, 1978, 92 Stat. 3031.) § 7922. Termination of authority of Secretary (a) Exceptions; ‘‘byproduct material’’ defined (1) The authority of the Secretary to perform remedial action under this subchapter shall ter- minate on September 30, 1998, except that— (A) the authority of the Secretary to per- form 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 receiv- ing and disposing of residual radioactive mate- rial 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 de- signed, 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.