3 1 in the vicinity of the mill or processing site which has be 2 4 come contaminated with radionuclides, including radium-226, derived from the site. (c) The term "Secretary" shall mean the Secretary of 5 Energy. 6 SEC. 4. The Secretary is hereby authorized and directed 7 to enter into cooperative arrangements with any State iden8 tified in or pursuant to section 2 of this Act under which the 9 Secretary will provide not in excess of 75 per centum of the 10 costs of joint Federal/State programs to assess radiation 11 levels and to perform appropriate remedial action to limit 12 exposure of individuals to radiation emanating from residual 13 radioactive materials. 14 SEC. 5. Each cooperative arrangement referred to in sec15 tion 4 of this Act shall include, but not be limited to, terms 16 which provide that: 17 (a) The selection of appropriate remedial action shall 18 be determined by the Secretary upon consultation with the 19 State, the Environmental Protection Agency, and others, 20 as appropriate and shall be submitted to the Nuclear Regula21 tory Commission for review and concurrence. 22 (b) The Secretary may determine that, for some sites, 23 the appropriate remedial action is to move the residual radio24 active materials to a more suitable location for long-term 25 stabilization or other disposition. Unless otherwise deter 4 1 mined by the Secretary, State ownership of the residual 2 radioactive materials and the land upon which those mate3 rials are originally located must be accomplished before a 4 remedial action is undertaken involving the removal of tail5 ings from an existing site. The requirement for State owner6 ship shall not apply to lands in the general vicinity of the 7 processing site which may require decontamination activities 8 as a result of incidental spread of radioactive substances, or to lands or structures where radioactive materials removed 10 from the processing site have been used for construction11 related purposes. Subject to the Secretary's approval, the 12 requirement for State ownership of the land may be met 13 by means of a purchase option exercisable at any time. 14 within two years after remedial work is completed. 9 15 (c) Unless otherwise determined by the Secretary, any 16 remedial action shall be performed by the Department of 17 Energy or its authorized contractor and shall be paid for in 18 accordance with the provisions of section 4 of this Act. 19 (d) The Secretary shall have a right of approval of any 20 disposal or custody plan. 222 21 (e) In the event that any lands are acquired by a State as required by subsection (b) of this section, and the pro 23 ceeds of subsequent sale or disposal in any manner exceed the 24 cost of acquisition, the Secretary shall be reimbursed out of 25 such proceeds by the State in proportion to the Secretary's 1 5 share of the total costs involved in the program of assessment and performance of remedial action on such lands; and in the 3 event the State does not dispose of the lands within two years 4 after the acquisition thereof or the completion of remedial 5 action, whichever comes later, the Secretary shall be so re6 imbursed by the State on the basis of the increase in value of 7 the lands over the acquisition costs. 8 (f) The United States shall be released from any radio9 active materials-related liability or claim thereof related to 10 any remedial action from the date of enactment of this Act 11 through and including the completion of any remedial action 12 authorized by this Act. The United States as used herein in13 cludes the executive departments, the military departments, 14 the independent establishments of the United States, and cor15 porations primarily acting as instrumentalities or agencies of 16 the United States, but does not include any contractor with 17 the United States. 18 (g) Unless otherwise determined by the Secretary in 19 consultation with the Nuclear Regulatory Commission and 20 the Environmental Protection Agency, the State shall have 21 responsibility for the designation of the disposal site within 22 the State and ownership of any residual radioactive materials 23 involved in any remedial action effort pursuant to subsection 24 (b) of this section, and shall retain ownership of the land 25 on which they are located. 1 6 (h) The law of the State in which the processing site 2 is located shall be applied to determine all questions of title, 3 rights of heirs, and trespass. 4 (i) The Secretary will be provided such reports, ac5 counting and rights of inspection as the Secretary deems 6 appropriate. 7 SEC. 6. The provisions of sections 2, 3, 4, and 5 of this 8 Act shall not apply to the assessment and performance of 9 remedial action in connection with residual radioactive 10 materials resulting from uranium ore processing operations 11 formerly conducted on lands (a) held in trust by the United 12 States for any Indian, or for any Indian tribe, band, group, 13 pueblo or community (hereinafter referred to as "Indian 14 tribe"), or (b) owned by any Indian tribe subject to .a 15 restriction against alienation imposed by the United States. 16 With respect to such materials, the Secretary is hereby 17 authorized and directed to enter into cooperative arrange18 ments with the Secretary of the Interior and with the Indian 19 tribes residing on such lands, under which the Secretary 20 will provide 100 per centum of the costs of a program to 21 assess radiation levels and to perform appropriate remedial 22 action to limit the exposure of individuals to radiation 23 emanating from residual radioactive materials. 24 SEC. 7. The cooperative arrangements referred to in 7 1 Section 6 shall include, but need not be limited to, terms 2 which provide that: 3 (a) The need for and selection of appropriate remedial 4 action shall be determined by the Secretary, with the con 5 currence of the Secretary of the Interior, and upon consul 6 tation with the Indian tribe, the Environmental Protection 7 Agency, and others, as appropriate and shall be submitted to 8 the Nuclear Regulatory Commission for review and con 9 currence. 10 (b) Any remedial action shall be performed by the 11 Department of Energy or its authorized contractor and 12 shall be paid for by the Department of Energy. 13 (c) Unless otherwise determined by the Secretary, the 14 Secretary of the Interior shall have the responsibility for 15 the continued custody of any residual radioactive materials 16 involved in any remedial action effort. 17 (d) The United States shall be released from any 18 radioactive materials-related liability or claim thereof re19 lated to any remedial action from the date of enactment of 20 this Act through and including the completion of any 21 remedial action authorized by this Act; however, this pro22 vision does not affect the trust responsibilities of the Secre23 tary of the Interior as described in section 6 of this Act. 24 The United States as used herein includes the executive 25 departments, the military departments, the independent |