§2113 Ownership and custody of certain byproduct material and disposal sites

Summary

Requires any new or renewed license after the law’s effective date for activities that produce byproduct material to include rules that make sure the site is cleaned up and that the leftover material and any land used to dispose of it are turned over before the license ends. Byproduct material means material produced by the licensed activity. The licensee must meet cleanup and reclamation standards for ore-processing and disposal sites. Title to disposal land not already owned by the United States or a State must be transferred either to the United States or, if the State chooses, to that State. The Nuclear regulatory agency may allow limited use of the land’s surface or underground if it finds such use safe and must give the person who transferred the land a right of first refusal for that use. If the United States takes title, the Secretary of Energy or a federal agency the President names will take custody after the agency finds the site meets requirements and must maintain it to protect health, safety, and the environment; custody can move to another federal office only with the President’s approval. If a State takes title, the State will assume custody after the agency’s finding and must maintain the property to protect health, safety, and the environment. The agency can require the custodian to do monitoring, maintenance, and emergency actions. The federal custodian may carry out those actions but may not take other actions under the license unless Congress authorizes them after November 8, 1978. Transfer does not remove the licensee’s liability for fraudulent or negligent acts done before transfer. Transfers to the United States or a State are free except for administrative and legal costs. Lands held in trust for Indian tribes or owned by tribes with restrictions are treated differently: the transfer rules do not apply, and the licensee must make arrangements so the United States will handle long-term maintenance and monitoring.