
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7913]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 7913. State cooperative agreements


(a) Authority of Secretary; prompt commencement of preparations

    After notifying a State of the designation referred to in section 
7912 of this title, the Secretary subject to section 7923 of this title, 
is authorized 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 referred to in section 
7915 of this title). The Secretary shall, to the greatest extent 
practicable, enter into such agreements and carry out such remedial 
actions in accordance with the priorities established by him under 
section 7912 of this title. The Secretary shall commence preparations 
for cooperative agreements with respect to each designated processing 
site as promptly as practicable following the designation of each site.

(b) Terms and conditions; limitation of Federal assistance

    Each cooperative agreement under this section 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 Federal assistance to those costs which are 
directly required to complete the remedial action selected pursuant to 
section 7918 of this title.

(c) Written consent of record interest holder; waiver

    (1) Except where the State is required to acquire the processing 
site as provided in subsection (a) of section 7914 of this title, each 
cooperative 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 interest 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 liability or claim 
    thereof by such person, his heirs, successors, and assigns 
    concerning such remedial action, and
        (B) holding the United States harmless against any claim by such 
    person on behalf of himself, his heirs, successors, or assigns 
    arising out of the performance of any such remedial action.

(d) Inspection entries; termination of right of entry

    Each cooperative agreement under this section shall require the 
State to assure that the Secretary, the Commission, and the 
Administrator and their authorized representatives have a permanent 
right of entry at any time to inspect the processing site and the site 
provided pursuant to section 7914(b)(1) of this title in furtherance 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 described 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 Commission with the terms and conditions thereof.

(f) Reimbursement

    The Secretary may, in any cooperative agreement entered into under 
this section or section 7915 of this title, provide for reimbursement of 
the actual costs, as determined by the Secretary, 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 remedial 
action was undertaken and only with respect 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 
    Commission, and
        (2) the Secretary is satisfied that such action 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, Sec. 103, Nov. 8, 1978, 92 Stat. 3024.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7914, 7917 of this title.
