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

Page 5414 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2099 of September 13, 1945, Executive Order 9701 of March 4, 1946, the Atomic Energy Act of 1946, or Executive Order 9908 of December 5, 1947, in any patent, conveyance, lease, permit, or other au- thorization or instrument disposing of any in- terest in public or acquired lands of the United States, is released, remised, and quitclaimed to the person or persons entitled upon August 19, 1958 under the grant from the United States or successive grants to the ownership, occupancy, or use of the land under the applicable Federal or State laws: Provided, however, That in cases where any such reservation on acquired lands of the United States has been heretofore released, remised, or quitclaimed subsequent to August 12, 1954, in reliance upon authority deemed to have been contained in the Atomic Energy Act of 1946, as amended, or the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], as heretofore amend- ed, the same shall be valid and effective in all respects to the same extent as if public lands and not acquired lands had been involved. The foregoing release shall be subject to any rights which may have been granted by the United States pursuant to any such reservation, but the releases shall be subrogated to the rights of the United States. (c) Prior locations Notwithstanding the provisions of the Atomic Energy Act of 1946, as amended, and particularly section 5(b)(7) thereof, or the provisions of sec- tions 501 to 505 of title 30, and particularly sec- tion 503 of title 30, any mining claim, heretofore located under the mining laws of the United States, for or based upon a discovery of a min- eral deposit which is a source material and which, except for the possible contrary con- struction of said Atomic Energy Act, would have been locatable under such mining laws, shall, in- sofar as adversely affected by such possible con- trary construction, be valid and effective, in all respects to the same extent as if said mineral deposit were a locatable mineral deposit other than a source material. (Aug. 1, 1946, ch. 724, title I, § 68, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 934; amended Pub. L. 85–681, § 3, Aug. 19, 1958, 72 Stat. 632; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1946, referred to in subsecs. (b) and (c), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified generally to chapter 14 (§ 1801 et seq.) of this title prior to the general amendment by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. The act of Aug. 1, 1946, ch. 724, is now known as the Atomic Energy Act of 1954, and is classified principally to this chapter. Section 5(b)(7) thereof, referred to in subsec. (c), means section 5(b)(7) of act Aug. 1, 1946, ch. 724, 60 Stat. 762, which was classified to section 1805(b)(7) of this title and was omitted in the general amendment of the Atomic Energy Act of 1946 by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. 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 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. Ex. Ord. No. 9908, eff. Dec. 5, 1947, 12 F.R. 8223; Ex. Ord. No. 9701 eff. Mar. 7, 1946, 11 F.R. 2369, and Ex. Ord. No. 9613, eff. Sept. 13, 1945, 10 F.R. 11789, referred to in subsec. (b), related to reservation of source material in certain lands owned by the United States; reservation of rights to fissionable materials in lands owned by the United States; and withdrawal and reservation for the use of the United States lands containing radio-active mineral substances. Ex. Ord. No. 10596, eff. Feb. 15, 1955, 20 F.R. 1007, revoked Ex. Ord. No. 9908, which had re- voked Ex. Ord. No. 9701, which had earlier revoked Ex. Ord. No. 9613. PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(b)(7) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1958—Pub. L. 85–681, which directed the general amendment of this section and set out a new section catchline and text of subsec. (b), was executed by sub- stituting ‘‘Public and acquired lands’’ for ‘‘Public lands’’ in section catchline and amending only subsec. (b) generally. Prior to amendment, subsec. (b) related to reissuance of patent, conveyance, lease, permit, or other authorization without reservation to the United States of source materials and certain rights, subject to conditions. § 2099. Prohibitions against issuance of license The Commission shall not license any person to transfer or deliver, receive possession of or title to, or import into or export from the United States any source material if, in the opinion of the Commission, the issuance of a li- cense to such person for such purpose would be inimical to the common defense and security or the health and safety of the public. (Aug. 1, 1946, ch. 724, title I, § 69, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 934; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(d)(2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. SUBCHAPTER VII—BYPRODUCT MATERIALS § 2111. Domestic distribution (a) In general No person may transfer or receive in inter- state commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any by- product material, except to the extent author- ized by this section, section 2112 or section 2114 of this title. 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 dis- tributed by the Commission for a charge, the Page 5415 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2112 Commission shall establish prices on such equi- table basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not dis- courage the use of such material or the develop- ment of sources of supply of such material inde- pendent of the Commission, and (c) will encour- age research and development. In distributing such material, the Commission shall give pref- erence to applicants proposing to use such mate- rial either in the conduct of research and devel- opment or in medical therapy. The Commission shall not permit the distribution of any byprod- uct 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 viola- tion of law or regulation of the Commission or in a manner other than as disclosed in the appli- cation therefor or approved by the Commission. The Commission is authorized to establish class- es of byproduct material and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public. (b) Requirements (1) In general Except as provided in paragraph (2), byprod- uct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, may only be transferred to and disposed of in a disposal fa- cility that— (A) is adequate to protect public health and safety; and (B)(i) is licensed by the Commission; or (ii) is licensed by a State that has entered into an agreement with the Commission under section 2021(b) of this title, if the li- censing requirements of the State are com- patible with the licensing requirements of the Commission. (2) Effect of subsection Nothing in this subsection affects the au- thority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, at a disposal fa- cility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (c) Treatment as low-level radioactive waste Byproduct material, as defined in paragraphs (3) and (4) of section 2014(e) of this title, disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of— (1) section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or (2) carrying out a compact that is— (A) entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and (B) approved by Congress. (Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 935; amended Pub. L. 93–377, § 4, Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 205(b), Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(e)(3)(A), Aug. 8, 2005, 119 Stat. 807.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (b)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chap- ter 82 (§ 6901 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Low-Level Radioactive Waste Policy Act, re- ferred to in subsec. (c)(2)(A), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102, Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2021b of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 1805(c)(2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2005—Pub. L. 109–58 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). 1978—Pub. L. 95–604 inserted reference to section 2114 of this title. 1974—Pub. L. 93–377 substituted ‘‘qualified applicants with or without charge’’ for ‘‘licensees with or without charge’’, and struck out ‘‘Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material’’ before ‘‘The Commission shall not’’. § 2112. Foreign distribution of byproduct mate- rial (a) Cooperation with other Nations The Commission is authorized to cooperate with any nation by distributing byproduct mate- rial, and to distribute byproduct material, pur- suant to the terms of an agreement for coopera- tion to which such nation is party and which is made in accordance with section 2153 of this title. (b) Distribution to individuals The Commission is also authorized to dis- tribute byproduct material to any person out- side the United States upon application therefor by such person and demand such charge for such material as would be charged for the material if it were distributed within the United States: Provided, however, That the Commission shall not distribute any such material to any person under this section if, in its opinion, such dis- tribution would be inimical to the common de- fense and security: And provided further, That the Commission may require such reports re- garding the use of material distributed pursuant to the provisions of this section as it deems nec- essary.