§7913 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary may enter into cooperative agreements with a State to clean up each designated processing site in that State, except for sites on Indian lands. The Secretary must start preparing those agreements quickly after a site is designated and must try to follow the cleanup priorities the Secretary set. Each agreement must include whatever terms the Secretary thinks are needed and must limit federal money to only the costs directly needed to finish the chosen cleanup. Each agreement must usually require the State to get written consent, in a form the Secretary sets, from anyone who holds a recorded interest in the site, unless the State must buy the site under section 7914(a). That written consent must release and hold the United States harmless from claims about the cleanup. The agreement must also guarantee permanent right of entry at any time for the Secretary, the Commission, the Administrator, and their representatives to inspect and enforce the work; entry into certain parts ends when the Secretary determines the cleanup is finished. Agreements only take effect if the Commission agrees. The Secretary may repay a property owner of record for actual cleanup costs for certain parts of a site if the work was completed before November 8, 1978, the owner files an application within one year after the agreement is approved, and the Secretary finds the work met required standards.

Title 42, §7913

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)(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)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)Each agreement under this section shall take effect only upon the concurrence of the Commission with the terms and conditions thereof.

(f)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b), (d), and (f)(2), was in the original “this Act”, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see

Short Title

note under section 7901 of this title and Tables.

§7913 State cooperative agreements