§7918 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must pick and carry out cleanup work at certain processing and disposal sites. The cleanup must follow the standards the Administrator issues under section 275a of the Atomic Energy Act of 1954. If a State helps pay, the State must join in picking and doing the cleanup. The Commission must agree to the chosen cleanup. The Secretary must talk with any affected Indian tribe and the Secretary of the Interior when needed. The Secretary must use technology that meets the Administrator’s standards and keeps the leftover radioactive material safe and stable. If the Administrator had not finalized those standards by October 31, 1982, the Secretary must follow the Administrator’s proposed standards until the final ones are issued. Leftover radioactive material may be put in a facility licensed under Title II, and following that facility’s rules counts as following this law. Before doing cleanup, the Secretary must ask private parties if they want to remill (reprocess) the leftover materials to recover minerals. The Secretary will check how much mineral is there and can allow recovery only if it still fits the cleanup plan and the Commission agrees. Any private party doing recovery must pay all recovery costs, get any required licenses under the Atomic Energy Act or State law allowed under section 274, and pay the United States a share of net profits up to the amount the Secretary spent on cleanup. After paying the United States, the party must pay the State a share of the net profits as the Secretary decides.

Title 42, §7918

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

(a)(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)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].

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title II, referred to in subsec. (a)(1), is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which enacted section 2022, 2113, and 2114 of this title, amended section 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under section 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, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 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, § 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, § 18(b)(1), added par. (3).

§7918 Remedial action and mineral recovery activities