---
kind: "section"
citation: "42 U.S.C. § 7918"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7918"
heading: "Remedial action and mineral recovery activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7918"
units:
  - "Chapter 88 — Uranium Mill Tailings Radiation Control"
  - "Subchapter I — Remedial Action Program"
---

# §7918. Remedial action and mineral recovery activities

- (a) **General standards for remedial action; Federal performance and State participation; use of technology; promulgation of standards—**
  - (1) The [Secretary](/usc/42/7911.md?p=1) or such [person](/usc/42/7911.md?p=5) as he may designate shall select and perform remedial actions at designated [processing sites](/usc/42/7911.md?p=6) and [disposal](/usc/42/2021b.md?p=7) sites in accordance with the general standards prescribed by the [Administrator](/usc/42/7911.md?p=3) pursuant to [section 275](/usc/42/275.md) a. of the Atomic Energy Act of 1954 [[42 U.S.C. 2022(a)](/usc/42/2022.md?p=a)]. The [State](/usc/42/2021b.md?p=14) 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](/usc/42/7911.md?p=2) and in consultation, as appropriate, with the [Indian tribe](/usc/42/7911.md?p=4) and the [Secretary](/usc/42/7911.md?p=1) of the Interior. [Residual radioactive material](/usc/42/7911.md?p=7) from a [processing site](/usc/42/7911.md?p=6) 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](/usc/42/2021b.md?p=7) 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](/usc/42/7911.md?p=1) shall use technology in performing such remedial action as will insure compliance with the general standards promulgated by the [Administrator](/usc/42/7911.md?p=3) under [section 275](/usc/42/275.md) a. of the Atomic Energy Act of 1954 [[42 U.S.C. 2022(a)](/usc/42/2022.md?p=a)] and will assure the safe and environmentally sound stabilization of [residual radioactive materials](/usc/42/7911.md?p=7), consistent with existing law.
  - (3) Notwithstanding paragraphs (1) and (2) of this subsection, after October 31, 1982, if the [Administrator](/usc/42/7911.md?p=3) has not promulgated standards under [section 275](/usc/42/275.md) a. of the Atomic Energy Act of 1954 [[42 U.S.C. 2022(a)](/usc/42/2022.md?p=a)] in final form by such date, remedial action taken by the [Secretary](/usc/42/7911.md?p=1) under this subchapter shall comply with the standards proposed by the [Administrator](/usc/42/7911.md?p=3) under such [section 275](/usc/42/275.md) a. until such time as the [Administrator](/usc/42/7911.md?p=3) promulgates the standards in final form.
- (b) **Mineral concentration evaluation; terms and conditions for mineral recovery; payment of Federal and State share of net profits; recovery costs; licenses—** Prior to undertaking any remedial action at a designated site pursuant to this subchapter, the [Secretary](/usc/42/7911.md?p=1) shall request expressions of interest from private parties regarding the remilling of the [residual radioactive materials](/usc/42/7911.md?p=7) and the site and, upon receipt of any expression of interest, the [Secretary](/usc/42/7911.md?p=1) shall evaluate among other things the mineral concentration of the [residual radioactive materials](/usc/42/7911.md?p=7) at each designated [processing site](/usc/42/7911.md?p=6) to determine whether, as a part of any remedial action program, recovery of such minerals is practicable. The [Secretary](/usc/42/7911.md?p=1), with the concurrence of the [Commission](/usc/42/7911.md?p=2), 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](/usc/42/7911.md?p=5) permitted by the [Secretary](/usc/42/7911.md?p=1) to recover such mineral shall pay to the [Secretary](/usc/42/7911.md?p=1) a share of the net profits derived from such recovery, as determined by the [Secretary](/usc/42/7911.md?p=1). Such share shall not exceed the total amount paid by the [Secretary](/usc/42/7911.md?p=1) for carrying out remedial action at such designated site. After payment of such share to the [United States](/usc/42/7911.md?p=10) under this subsection, such [person](/usc/42/7911.md?p=5) shall pay to the [State](/usc/42/2021b.md?p=14) in which the [residual radioactive materials](/usc/42/7911.md?p=7) are located a share of the net profits derived from such recovery, as determined by the [Secretary](/usc/42/7911.md?p=1). The [person](/usc/42/7911.md?p=5) recovering such minerals shall bear all costs of such recovery. Any [person](/usc/42/7911.md?p=5) 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](/usc/42/2011.md) et seq.] or under [State](/usc/42/2021b.md?p=14) law as permitted under [section 274](/usc/42/274.md) of such Act [[42 U.S.C. 2021](/usc/42/2021.md)].

## Source credit

(Pub. L. 95–604, title I, § 108, Nov. 8, 1978, 92 Stat. 3029; Pub. L. 97–415, § 18(b), Jan. 4, 1983, 96 Stat. 2078; Pub. L. 104–259, § 4(b), Oct. 9, 1996, 110 Stat. 3174.)

## Notes

### 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 sections 2022, 2113, and 2114 of this title, amended sections 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under sections 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).