42 U.S.C. § 2114 — Authorities of Commission respecting cer-

Page 5417 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2114 1 So in original. Probably should be ‘‘of’’. 1 So in original. of such property and materials to undertake such monitoring, maintenance, and emergency measures as are necessary to protect the public health and safety and such other actions as the Commission deems necessary to comply with the standards promulgated pursuant to section 2114 of this title. The Secretary or such other Federal agency is authorized to carry out main- tenance, monitoring, and emergency measures, but shall take no other action pursuant to such license, rule or order, with respect to such prop- erty and materials unless expressly authorized by Congress after November 8, 1978. (6) The transfer of title to land or byproduct materials, as defined in section 2014(e)(2) of this title, to a State or the United States pursuant to this subsection shall not relieve any licensee of liability for any fraudulent or negligent acts done prior to such transfer. (7) Material and land transferred to the United States or a State in accordance with this sub- section shall be transferred without cost to the United States or a State (other than administra- tive and legal costs incurred in carrying out such transfer). Subject to the provisions of para- graph (1)(B) of this subsection, the United States or a State shall not transfer title to ma- terial or property acquired under this subsection to any person, unless such transfer is in the same manner as provided under section 7914(h) of this title. (8) The provisions of this subsection respecting transfer of title and custody to land shall not apply in the case of lands held in trust by the United States for any Indian tribe or lands owned by such Indian tribe subject to a restric- tion against alienation imposed by the United States. In the case of such lands which are used for the disposal of byproduct material, as de- fined in section 2014(e)(2) of this title, the li- censee shall be required to enter into such ar- rangements with the Commission as may be ap- propriate to assure the long-term maintenance and monitoring of such lands by the United States. (c) Compliance with applicable standards and li- cense requirements; determination upon ter- mination of license Upon termination on 1 any license to which this section applies, the Commission shall deter- mine whether or not the licensee has complied with all applicable standards and requirements under such license. (Aug. 1, 1946, ch. 724, title I, § 83, as added Pub. L. 95–604, title II, § 202(a), Nov. 8, 1978, 92 Stat. 3033; amended Pub. L. 96–106, § 22(c), (e), Nov. 9, 1979, 93 Stat. 800; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT Effective date of this section, referred to in subsecs. (a) and (b)(1)(A), (4), is three years after Nov. 8, 1978, see section 202(b) of Pub. L. 95–604, set out as an Effective Date note below. AMENDMENTS 1979—Subsec. (a). Pub. L. 96–106, § 22(c), substituted ‘‘Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination’’ for ‘‘Any license in effect on No- vember 8, 1978, shall either contain such terms and con- ditions on renewal thereof after the effective date of this section, or comply with paragraphs (1) and (2) upon the termination of such license, whichever first oc- curs’’. Subsec. (b)(1)(A). Pub. L. 96–106, § 22(e), among other changes, substituted reference to section 2111 of this title for reference to section 2114(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–604, title II, § 202(b), Nov. 8, 1978, 92 Stat. 3036, provided that: ‘‘This section [enacting this sec- tion] shall be effective three years after the enactment of this Act [Nov. 8, 1978].’’ CONSOLIDATION OF LICENSES AND PROCEDURES Pub. L. 95–604, title II, § 209, Nov. 8, 1978, 92 Stat. 3041, provided that: ‘‘The Nuclear Regulatory Commission shall consolidate, to the maximum extent practicable, licenses and licensing procedures under amendments made by this title [see Effective Date of 1978 Amend- ment note set out under section 2014 of this title] with licenses and licensing procedures under other authori- ties contained in the Atomic Energy Act of 1954 [this chapter].’’ [Provision effective Nov. 8, 1978, see section 208 of Pub. L. 95–604, set out as an Effective Date of 1978 Amendment note under section 2014 of this title]. § 2114. Authorities of Commission respecting cer- tain byproduct material (a) Management function The Commission shall insure that the manage- ment of any byproduct material, as defined in section 2014(e)(2) of this title, is carried out in such manner as— (1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radio- logical hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission de- termines to be appropriate,,1 (2) conforms with applicable general stand- ards promulgated by the Administrator of the Environmental Protection Agency under sec- tion 2022 of this title, and (3) conforms to general requirements estab- lished by the Commission, with the concur- rence of the Administrator, which are, to the maximum extent practicable, at least com- parable to requirements applicable to the pos- session, transfer, and disposal of similar haz- ardous material regulated by the Adminis- trator under the Solid Waste Disposal Act, as amended [42 U.S.C. 6901 et seq.]. (b) Rules, regulations, or orders for certain ac- tivities; civil penalty In carrying out its authority under this sec- tion, the Commission is authorized to— Page 5418 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2121 (1) by rule, regulation, or order require per- sons, officers, or instrumentalities exempted from licensing under section 2111 of this title to conduct monitoring, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to pro- tect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and (2) make such studies and inspections and to conduct such monitoring as may be necessary. Any violation by any person other than the United States or any officer or employee of the United States or a State of any rule, regulation, or order or licensing provision, of the Commis- sion established under this section or section 2113 of this title shall be subject to a civil pen- alty in the same manner and in the same amount as violations subject to a civil penalty under section 2282 of this title. Nothing in this section affects any authority of the Commission under any other provision of this chapter. (c) Alternative requirements or proposals In the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct ma- terial as defined in section 2014(e)(2) of this title, a licensee may propose alternatives to specific requirements adopted and enforced by the Com- mission under this chapter. Such alternative proposals may take into account local or re- gional conditions, including geology, topog- raphy, hydrology and meteorology. The Com- mission may treat such alternatives as satis- fying Commission requirements if the Commis- sion determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and en- forced by the Commission for the same purpose and any final standards promulgated by the Ad- ministrator of the Environmental Protection Agency in accordance with section 2022 of this title. (Aug. 1, 1946, ch. 724, title I, § 84, as added Pub. L. 95–604, title II, § 205(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L. 97–415, §§ 20, 22(a), Jan. 4, 1983, 96 Stat. 2079, 2080; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, as amended, referred to in subsec. (a)(3), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally 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. AMENDMENTS 1983—Subsec. (a)(1). Pub. L. 97–415, § 22(a), inserted provision that the Commission is to take into account the risk to the public health, safety, and the environ- ment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate. Subsec. (c). Pub. L. 97–415, § 20, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 8, 1978, see section 208 of Pub. L. 95–604, set out as an Effective Date of 1978 Amend- ment note under section 2014 of this title. SUBCHAPTER VIII—MILITARY APPLICATION OF ATOMIC ENERGY § 2121. Authority of Commission (a) Research and development; weapons produc- tion; hazardous wastes; transfers of tech- nologies The Commission is authorized to— (1) conduct experiments and do research and development work in the military application of atomic energy; (2) engage in the production of atomic weap- ons, or atomic weapon parts, except that such activities shall be carried on only to the ex- tent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year; (3) provide for safe storage, processing, transportation, and disposal of hazardous waste (including radioactive waste) resulting from nuclear materials production, weapons production and surveillance programs, and naval nuclear propulsion programs; (4) carry out research on and development of technologies needed for the effective negotia- tion and verification of international agree- ments on control of special nuclear materials and nuclear weapons; and (5) under applicable law (other than this paragraph) and consistent with other missions of the Department of Energy, make transfers of federally owned or originated technology to State and local governments, private industry, and universities or other nonprofit organiza- tions so that the prospects for commercializa- tion of such technology are enhanced. (b) Material for Department of Defense use The President from time to time may direct the Commission (1) to deliver such quantities of special nuclear material or atomic weapons to the Department of Defense for such use as he deems necessary in the interest of national de- fense, or (2) to authorize the Department of De- fense to manufacture, produce, or acquire any atomic weapon or utilization facility for mili- tary purposes: Provided, however, That such au- thorization shall not extend to the production of special nuclear material other than that inci- dental to the operation of such utilization facili- ties.