
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: 42USC7918]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 88--URANIUM MILL TAILINGS RADIATION CONTROL
 
                  SUBCHAPTER I--REMEDIAL ACTION PROGRAM
 
Sec. 7918. Remedial action and mineral recovery activities


(a) General standards for remedial action; Federal performance and State 
        participation; use of technology; promulgation of standards

    (1) The Secretary or such person as he may designate shall select 
and perform remedial actions at designated processing sites and disposal 
sites in accordance with the general standards prescribed by the 
Administrator pursuant to section 275 a. of the Atomic Energy Act of 
1954 [42 U.S.C. 2022(a)]. The State shall participate fully in the 
selection and performance of a remedial action for which it pays part of 
the cost. Such remedial action shall be selected and performed with the 
concurrence of the Commission and in consultation, as appropriate, with 
the Indian tribe and the Secretary of the Interior. Residual radioactive 
material from a processing site designated under this subchapter may be 
disposed of at a facility licensed under title II under the 
administrative and technical requirements of such title. Disposal of 
such material at such a site in accordance with such requirements shall 
be considered to have been done in accordance with the administrative 
and technical requirements of this subchapter.
    (2) The Secretary shall use technology in performing such remedial 
action as will insure compliance with the general standards promulgated 
by the Administrator under section 275 a. of the Atomic Energy Act of 
1954 [42 U.S.C. 2022(a)] and will assure the safe and environmentally 
sound stabilization of residual radioactive materials, consistent with 
existing law.
    (3) Notwithstanding paragraphs (1) and (2) of this subsection, after 
October 31, 1982, if the Administrator has not promulgated standards 
under section 275 a. of the Atomic Energy Act of 1954 [42 U.S.C. 
2022(a)] in final form by such date, remedial action taken by the 
Secretary under this subchapter shall comply with the standards proposed 
by the Administrator under such section 275 a. until such time as the 
Administrator promulgates the standards in final form.

(b) Mineral concentration evaluation; terms and conditions for mineral 
        recovery; payment of Federal and State share of net profits; 
        recovery costs; licenses

    Prior to undertaking any remedial action at a designated site 
pursuant to this subchapter, the Secretary shall request expressions of 
interest from private parties regarding the remilling of the residual 
radioactive materials and the site and, upon receipt of any expression 
of interest, the Secretary shall evaluate among other things the mineral 
concentration of the residual radioactive materials at each designated 
processing site to determine whether, as a part of any remedial action 
program, recovery of such minerals is practicable. The Secretary, with 
the concurrence of the Commission, may permit the recovery of such 
minerals, under such terms and conditions as he may prescribe to carry 
out the purposes of this subchapter. No such recovery shall be permitted 
unless such recovery is consistent with remedial action. Any person 
permitted by the Secretary to recover such mineral shall pay to the 
Secretary a share of the net profits derived from such recovery, as 
determined by the Secretary. Such share shall not exceed the total 
amount paid by the Secretary for carrying out remedial action at such 
designated site. After payment of such share to the United States under 
this subsection, such person shall pay to the State in which the 
residual radioactive materials are located a share of the net profits 
derived from such recovery, as determined by the Secretary. The person 
recovering such minerals shall bear all costs of such recovery. Any 
person carrying out mineral recovery activities under this paragraph 
shall be required to obtain any necessary license under the Atomic 
Energy Act of 1954 [42 U.S.C. 2011 et seq.] or under State law as 
permitted under section 274 of such Act [42 U.S.C. 2021].

(Pub. L. 95-604, title I, Sec. 108, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 
97-415, Sec. 18(b), Jan. 4, 1983, 96 Stat. 2078; Pub. L. 104-259, 
Sec. 4(b), Oct. 9, 1996, 110 Stat. 3174.)

                       References in Text

    Title II, referred to in subsec. (a)(1), is title II (Secs. 201-209) 
of Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3033, as amended, which 
enacted sections 2022, 2113, and 2114 of this title, amended sections 
2014, 2021, 2111, and 2201 of this title, and enacted provisions set out 
as notes under sections 2014, 2021, and 2113 of this title. For complete 
classification of title II to the Code, see Tables.
    The Atomic Energy Act of 1954, referred to in subsec. (b), is act 
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 
68 Stat. 921, and amended, which is classified generally to chapter 23 
(Sec. 2011 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2011 of this 
title and Tables.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-259 inserted at end ``Residual 
radioactive material from a processing site designated under this 
subchapter may be disposed of at a facility licensed under title II 
under the administrative and technical requirements of such title. 
Disposal of such material at such a site in accordance with such 
requirements shall be considered to have been done in accordance with 
the administrative and technical requirements of this subchapter.''
    1983--Subsec. (a)(2). Pub. L. 97-415, Sec. 18(b)(2), struck out 
provision that no such remedial action could be undertaken under this 
section before the promulgation by the Administrator of general 
standards pursuant to section 275 a. of the Atomic Energy Act of 1954.
    Subsec. (a)(3). Pub. L. 97-415, Sec. 18(b)(1), added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in sections 7911, 7913, 7915 of this 
title.
