42 U.S.C. § 7914 — Acquisition and disposition of lands and

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 Page 7497 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7914 concurrence of the Commission, to acquire any designated processing site, including where ap- propriate any interest therein. In determining whether to require the State to acquire a des- ignated processing site or interest therein, con- sideration shall be given to the prevention of windfall profits. (b) Disposition and stabilization site for residual radioactive materials; Federal site available (1) If the Secretary with the concurrence of the Commission determines that removal of re- sidual radioactive material from a processing site is appropriate, the cooperative agreement shall provide that the State shall acquire land (including, where appropriate, any interest therein) to be used as a site for the permanent disposition and stabilization of such residual ra- dioactive materials in a safe and environ- mentally sound manner. (2) Acquisition by the State shall not be re- quired under this subsection if a site located on land controlled by the Secretary or made avail- able by the Secretary of the Interior pursuant to section 7916(2) of this title is designated by the Secretary, with the concurrence of the Commis- sion, for such disposition and stabilization. (c) Boundary limitations No State shall be required under subsection (a) or (b) to acquire any real property or improve- ment outside the boundaries of— (1) that portion of the processing site which is described in section 7911(6)(A) of this title, and (2) the site used for disposition of the resid- ual radioactive materials. (d) Purchasers of sites; notification; rules and regulations In the case of each processing site designated under this subchapter other than a site des- ignated on Indian land, the State shall take such action as may be necessary, and pursuant to regulations of the Secretary under this sub- section, to assure that any person who pur- chases such a processing site after the removal of radioactive materials from such site shall be notified in an appropriate manner prior to such purchase, of the nature and extent of residual radioactive materials removed from the site, in- cluding notice of the date when such action took place, and the condition of such site after such action. If the State is the owner of such site, the State shall so notify any prospective purchaser before entering into a contract, option, or other arrangement to sell or otherwise dispose of such site. The Secretary shall issue appropriate rules and regulations to require notice in the local land records of the residual radioactive mate- rials which were located at any processing site and notice of the nature and extent of residual radioactive materials removed from the site, in- cluding notice of the date when such action took place. For purposes of this subsection, the term ‘‘site’’ does not include 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 purposes of this subsection. (e) State disposition; terms and conditions; fair market value; offer of sale to prior owner (1) The terms and conditions of any coopera- tive agreement with a State under section 7913 of this title shall provide that in the case of any lands or interests therein acquired by the State pursuant to subsection (a), the State, with the concurrence of the Secretary and the Commis- sion, may— (A) sell such lands and interests, (B) permanently retain such land and inter- ests in lands (or donate such lands and inter- ests therein to another governmental entity within such State) for permanent use by such State or entity solely for park, recreational, or other public purposes, or (C) transfer such lands and interests to the United States as provided in subsection (f). No lands may be sold under subparagraph (A) without the consent of the Secretary and the Commission. No site may be sold under subpara- graph (A) or retained under subparagraph (B) if such site is used for the disposition of residual radioactive materials. (2) Before offering for sale any lands and inter- ests therein which comprise a processing site, the State shall offer to sell such lands and inter- ests at their fair market value to the person from whom the State acquired them. (f) Transfer of title to Secretary; payment from funds for administrative and legal costs; cus- tody of property; compliance with health and environmental standards for uranium mill tailings; transfer of title restriction (1) Each agreement under section 7913 of this title shall provide that title to— (A) the residual radioactive materials sub- ject to the agreement, and (B) any lands and interests therein which have been acquired by the State, under sub- section (a) or (b), for the disposition of such materials, shall be transferred by the State to the Sec- retary when the Secretary (with the concur- rence of the Commission) determines that reme- dial action is completed in accordance with the requirements imposed pursuant to this sub- chapter. No payment shall be made in connec- tion with the transfer of such property from funds appropriated for purposes of this chapter other than payments for any administrative and legal costs incurred in carrying out such trans- fer. (2) Custody of any property transferred to the United States under this subsection shall be as- sumed by the Secretary or such Federal agency as the President may designate. Notwith- standing any other provision of law, upon com- pletion of the remedial action program author- ized by this subchapter, such property and min- erals shall be maintained pursuant to a license issued by the Commission in such manner as will protect the public health, safety, and the environment. The Commission may, pursuant to such license or by rule or order, require the Sec- retary or other Federal agency having custody of such property and minerals to undertake such monitoring, maintenance, and emergency meas- ures necessary to protect public health and safe- 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.