§ 7918. Remedial action and mineral recovery activities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–604 title I § 108 · 92 Stat. 3021

   Enacted · 42 U.S.C. § 7918

   Pub. L. 95–604, title I, § 108, Nov. 8, 1978, 92 Stat. 3029

   Source evidence

   Code source credit
   Pub. L. 95–604, title I, § 108, Nov. 8, 1978, 92 Stat. 3029

   Enacted provision · exact public law section
   Sec. 108. remedial action (a) (1) The Secretary or such person as he may designate 42 USC 7918. 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. 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. (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 Post, p. 3039. Act of 1954 and will assure the safe and environmentally sound stabilization of residual radioactive materials, consistent with existing law. No such remedial action may be undertaken under this section before the promulgation by the Administrator of such standards. (b) Evaluation. Prior to undertaking any remedial action at a designated site pursuant to this title, the Secretary shall request expressions of interest from private parties regarding the remilling of the residual radioactive materials at 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 title. No such recovery shall be permitted unless such recovery is consistent with remedial action. Amy 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 42 USC 2011 note. 42 USC 2021. Atomic Energy Act of 1954 or under State law as permitted under section 274 of such Act.

2. 1983

   Pub. L. 97–415 § 18(b)(2) · 96 Stat. 2067

   Struck · 42 U.S.C. § 7918(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) The second sentence of section 108(a)(2) of the Uranium Mill Tailings Radiation Control Act of 1978 is repealed.

3. 1983

   Pub. L. 97–415 § 18(b)(1) · 96 Stat. 2067

   Added · 42 U.S.C. § 7918(a)(3)

   Pub. L. 97–415, § 18(b)(1), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 97–415, § 18(b)(1), added par. (3).

   Enacted provision · exact public law section
   (1) Section 108(a) of the Uranium Mill Tailings Radiation Control Act of 1978 is amended by adding the following new paragraph at the end thereof: “(3) Notwithstanding paragraphs (1) and (2) of this subsection, after October 31, 1982, if the Administrator has not promulgated Ante, p. 2077; post, p. 2080. standards under section 275 a. of the Atomic Energy Act of 1954 in final form by such date, remedial action taken by the Secretary under this title 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 ”.

4. 1996

   Pub. L. 104–259 § 4(b) · 110 Stat. 3173

   Inserted · 42 U.S.C. § 7918(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Section 108.— Section 108(a)(1) (42 U.S.C. 7918(a)(1)) is amended by adding at the end the following: “Residual radioactive material from a processing site designated under this title 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 title.”.

4 of 4 references resolved to an enrolled provision