42 U.S.C. § 7915 — Indian tribe cooperative agreements

submitted 48 years ago by Pub. L. 95-604 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 464 words · no verdicts yet

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After notifying a tribe of a site designation, the Secretary may sign a cleanup agreement with that tribe, using qualified tribal members for the work. The agreement must include liability waivers and inspection rights. When leftover radioactive material must be moved off tribal land, the Secretary provides a disposal site and keeps the material under a Commission license.

(a) Authority of Secretary; priorities for remedial action; use of Indian personnel; terms and conditions. Once the Secretary notifies an Indian tribe that a site on its land has been designated, the Secretary, working with the Secretary of the Interior, may sign a cooperative agreement with that tribe to clean up the site — subject to section 7923's spending limits. The Secretary must follow the priority order set under section 7912 as much as practical, and must make full use of qualified tribal members living near the site for both the cleanup and later monitoring or maintenance. Each agreement must include terms the Secretary decides fit this chapter's purposes, and must require: (1) the tribe and anyone with an interest in the land to sign a waiver releasing the United States from liability and agreeing not to bring claims over the cleanup; (2) the cleanup be chosen and carried out under section 7918's standards, by the Secretary or someone the Secretary picks; and (3) the Secretary, Commission, and Administrator (and their representatives) have permanent right of entry to inspect the site, enforce the agreement, and enforce this chapter's rules. Any such agreement only takes effect once the Commission agrees to its terms. (b) Disposition and stabilization sites for residual radioactive materials; transfer to Secretary of the Interior. If the Secretary and Commission agree it's appropriate to remove leftover radioactive material from a tribal site, the Secretary must provide a site (or sites) to permanently and safely dispose of it. That material is transferred to the Secretary at no cost, and the Secretary permanently keeps and maintains it under the terms of a Commission license, following the same rules in sections 7914(f)(2) and 7914(h).

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Pub. L. 95–604, title I, § 105, Nov. 8, 1978, 92 Stat. 3028.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-604 · 92 Stat. 3028

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-604 on 1978-11-08.

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