42 U.S.C. § 7913 — State cooperative agreements

Page 7496 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7913 authorized by title II of Pub. L. 92–314, June 16, 1972, 86 Stat. 222, which is not classified to the Code. AMENDMENTS 2018—Subsec. (f)(3). Pub. L. 115–232 substituted ‘‘(10 U.S.C. 8720 note; Public Law 105–261)’’ for ‘‘(10 U.S.C. 7420 note; Public Law 105–261)’’ in introductory provi- sions. 2000—Subsec. (f). Pub. L. 106–398 added subsec. (f). 1983—Subsec. (e)(3). Pub. L. 97–415 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 7913. State cooperative agreements (a) Authority of Secretary; prompt commence- ment of preparations After notifying a State of the designation re- ferred to in section 7912 of this title, the Sec- retary subject to section 7923 of this title, is au- thorized to enter into cooperative agreements with such State to perform remedial actions at each designated processing site in such State (other than a site located on Indian lands re- ferred to in section 7915 of this title). The Sec- retary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the prior- ities established by him under section 7912 of this title. The Secretary shall commence prep- arations for cooperative agreements with re- spect to each designated processing site as promptly as practicable following the designa- tion of each site. (b) Terms and conditions; limitation of Federal assistance Each cooperative agreement under this sec- tion shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this chapter, including, but not limited to, a limitation on the use of Fed- eral assistance to those costs which are directly required to complete the remedial action se- lected pursuant to section 7918 of this title. (c) Written consent of record interest holder; waiver (1) Except where the State is required to ac- quire the processing site as provided in sub- section (a) of section 7914 of this title, each co- operative agreement with a State under this section shall provide that the State shall obtain, in a form prescribed by the Secretary, written consent from any person holding any record in- terest in the designated processing site for the Secretary or any person designated by him to perform remedial action at such site. (2) Such written consent shall include a waiver by each such person on behalf of himself, his heirs, successors, and assigns— (A) releasing the United States of any liabil- ity or claim thereof by such person, his heirs, successors, and assigns concerning such reme- dial action, and (B) holding the United States harmless against any claim by such person on behalf of himself, his heirs, successors, or assigns aris- ing out of the performance of any such reme- dial action. (d) Inspection entries; termination of right of entry Each cooperative agreement under this sec- tion shall require the State to assure that the Secretary, the Commission, and the Adminis- trator and their authorized representatives have a permanent right of entry at any time to in- spect the processing site and the site provided pursuant to section 7914(b)(1) of this title in fur- therance of the provisions of this subchapter and to carry out such agreement and enforce this chapter and any rules prescribed under this chapter. Such right of entry under this section or section 7916 of this title into an area de- scribed in section 7911(6)(B) of this title shall terminate on completion of the remedial action, as determined by the Secretary. (e) Effective date Each agreement under this section shall take effect only upon the concurrence of the Commis- sion with the terms and conditions thereof. (f) Reimbursement The Secretary may, in any cooperative agree- ment entered into under this section or section 7915 of this title, provide for reimbursement of the actual costs, as determined by the Sec- retary, of any remedial action performed with respect to so much of a designated processing site as is described in section 7911(6)(B) of this title. Such reimbursement shall be made only to a property owner of record at the time such re- medial action was undertaken and only with re- spect to costs incurred by such property owner. No such reimbursement may be made unless— (1) such remedial action was completed prior to November 8, 1978, and unless the application for such reimbursement was filed by such owner within one year after an agreement under this section or section 7915 of this title is approved by the Secretary and the Commis- sion, and (2) the Secretary is satisfied that such ac- tion adequately achieves the purposes of this chapter with respect to the site concerned and is consistent with the standards established by the Administrator pursuant to section 2022(a) of this title. (Pub. L. 95–604, title I, § 103, Nov. 8, 1978, 92 Stat. 3024.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b), (d), and (f)(2), 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. § 7914. Acquisition and disposition of lands and materials (a) State acquisition; windfall profits prevention Each cooperative agreement under section 7913 of this title shall require the State, where deter- mined appropriate by the Secretary with the