
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: 42USC7914]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 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 determined appropriate by the Secretary with 
the concurrence of the Commission, to acquire any designated processing 
site, including where appropriate any interest therein. In determining 
whether to require the State to acquire a designated processing site or 
interest therein, consideration 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 residual 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 radioactive materials in a safe and 
environmentally sound manner.
    (2) Acquisition by the State shall not be required under this 
subsection if a site located on land controlled by the Secretary or made 
available by the Secretary of the Interior pursuant to section 7916(2) 
of this title is designated by the Secretary, with the concurrence of 
the Commission, for such disposition and stabilization.

(c) Boundary limitations

    No State shall be required under subsection (a) or (b) of this 
section to acquire any real property or improvement 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 residual 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 designated on Indian land, the State shall take such 
action as may be necessary, and pursuant to regulations of the Secretary 
under this subsection, to assure that any person who purchases 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, including 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 materials which were located at any processing site 
and notice of the nature and extent of residual radioactive materials 
removed from the site, including 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 cooperative 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) of this section, the State, with the concurrence of the 
Secretary and the Commission, may--
        (A) sell such lands and interests,
        (B) permanently retain such land and interests in lands (or 
    donate such lands and interests 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) of this section.

No lands may be sold under subparagraph (A) without the consent of the 
Secretary and the Commission. No site may be sold under subparagraph (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 interests therein which 
comprise a processing site, the State shall offer to sell such lands and 
interests 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; custody 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 subject to the agreement, 
    and
        (B) any lands and interests therein which have been acquired by 
    the State, under subsection (a) or (b) of this section, for the 
    disposition of such materials,

shall be transferred by the State to the Secretary when the Secretary 
(with the concurrence of the Commission) determines that remedial action 
is completed in accordance with the requirements imposed pursuant to 
this subchapter. No payment shall be made in connection 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 transfer.
    (2) Custody of any property transferred to the United States under 
this subsection shall be assumed by the Secretary or such Federal agency 
as the President may designate. Notwithstanding any other provision of 
law, upon completion of the remedial action program authorized by this 
subchapter, such property and minerals 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 Secretary or other 
Federal agency having custody of such property and minerals to undertake 
such monitoring, maintenance, and emergency measures necessary to 
protect public health and safety and other actions as the Commission 
deems necessary to comply with the standards of section 2022(a) of this 
title. The Secretary or such other Federal agency is authorized to carry 
out maintenance, monitoring and emergency measures under this 
subsection, but shall take no other action pursuant to such license, 
rule or order with respect to such property and minerals 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) of this section.

(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) of this section shall provide for 
the prompt reimbursement 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 
received 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 disturbance 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 
Secretary of Energy and the Commission, from disposing of any subsurface 
mineral rights by sale or lease (in accordance with laws of the United 
States applicable to the sale, lease, or other disposal 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 Secretary of the Interior takes such action as 
the Commission deems necessary pursuant to a license 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 Secretary 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 Commission, 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, Sec. 104, Nov. 8, 1978, 92 Stat. 3025; Pub. L. 
104-259, Sec. 4(a), Oct. 9, 1996, 110 Stat. 3174.)


                               Amendments

    1996--Subsec. (d). Pub. L. 104-259 inserted at end ``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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2022, 2113, 7913, 7915 of 
this title.
