Title 42, The Public Health and WelfareRelease 119-110

§7915 Indian Tribe Cooperative Agreements

Title 42 › CHAPTER 88 — URANIUM MILL TAILINGS RADIATION CONTROL › SUBCHAPTER I — REMEDIAL ACTION PROGRAM › § 7915

Last updated Sep 22, 2026|Official source

Summary

After telling the tribe about the designation under section 7912 and talking with the Secretary of the Interior, the Secretary may make a cooperative agreement under section 7923 with a tribe to clean up a designated processing site on tribal land. The Secretary must follow the cleanup priorities in section 7912 when possible. The work should use qualified tribe members nearby when it can. Agreements must include terms the Secretary finds proper and must require: the tribe and landowners to sign waivers releasing and holding the United States harmless; the cleanup be chosen and done by the Secretary or a person the Secretary names under section 7918; and that the Secretary, the Commission, the Administrator, and their reps have a permanent right to enter the site to inspect, carry out the agreement, and enforce rules. An agreement only takes effect if the Commission agrees. If the Secretary and the Commission decide removal is appropriate, the Secretary must provide one or more sites for permanent, safe disposal and stabilization of the leftover radioactive materials. Those materials are transferred to the Secretary of the Interior at no cost and kept and maintained permanently under a Commission license, subject to sections 7914(f)(2) and (h).

Full Legal Text

Title 42, §7915

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

(a)Authority of Secretary; priorities for remedial action; use of Indian personnel; terms and conditions
After notifying the Indian tribe of the designation pursuant to section 7912 of this title, the Secretary, in consultation with the Secretary of the Interior, is authorized to enter into a cooperative agreement, subject to section 7923 of this title, with any Indian tribe to perform remedial action at a designated processing site located on land of such Indian tribe. 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. In performing any remedial action under this section and in carrying out any continued monitoring or maintenance respecting residual radioactive materials associated with any site subject to a cooperative agreement under this section, the Secretary shall make full use of any qualified members of Indian tribes resident in the vicinity of any such site. Each such agreement shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this chapter. Such terms and conditions shall require the following:
(1)The Indian tribe and any person holding any interest in such land shall execute a waiver (A) releasing the United States of any liability or claim thereof by such tribe or person concerning such remedial action and (B) holding the United States harmless against any claim arising out of the performance of any such remedial action.
(2)The remedial action shall be selected and performed in accordance with section 7918 of this title by the Secretary or such person as he may designate.
(3)The Secretary, the Commission, and the Administrator and their authorized representatives shall have a permanent right of entry at any time to inspect such processing site in furtherance of the provisions of this subchapter, to carry out such agreement, and to enforce any rules prescribed under this chapter.
Each agreement under this section shall take effect only upon concurrence of the Commission with the terms and conditions thereof.
(b)Disposition and stabilization sites for residual radioactive materials; transfer to Secretary of the Interior
When the Secretary with the concurrence of the Commission determines removal of residual radioactive materials from a processing site on lands described in subsection (a) to be appropriate, he shall provide, consistent with other applicable provisions of law, a site or sites for the permanent disposition and stabilization in a safe and environmentally sound manner of such residual radioactive materials. Such materials shall be transferred to the Secretary (without payment therefor by the Secretary) and permanently retained and maintained by the Secretary under the conditions established in a license issued by the Commission, subject to section 7914(f)(2) and (h) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7915

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110