distribute byproduct material, pursuant to the terms of an agreement for cooperation to which such nation is party and which is made in accordance with section 123. "b. The Commission is also authorized to distribute byproduct material to any person outside the United States upon application therefor by such person and demand such charge for such material as would be charged for the material if it were distributed within the United States: Provided, however, That the Commission shall not distribute any such material to any person under this section if, in its opinion, such distribution would be inimical to the common defense and security: And provided further, That the Commission may require such reports regarding the use of material distributed pursuant to the provisions of this section as it deems necessary. "c. The Commission is authorized to license others to distribute byproduct material to any person outside the United States under the same conditions, except as to charges, as would be applicable if the material were distributed by the Commission. "SEC. 83. OWNERSHIP AND CUSTODY OF CERTAIN BY- 42 USC 2113. PRODUCT MATERIAL AND DISPOSAL SITES. 42 USC 2002, 2111. "a. Any license issued or renewed after the effective date of this section under section 62 or section 81 for any activity which results in the production of any byproduct material, as defined in section 11e. (2), shall contain such 42 USC 2014. terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such license "(1) the licensee will comply with decontamination, decommissioning, and reclamation standards. prescribed by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which such byproduct material is deposited, and "(2) ownership of any byproduct material, as de fined in section 11 e. (2), which resulted from such 42 USC 2014. Any license in effect on the date of the enactment of this or order. "(b) (1) (A) The Commission shall require by rule, Rule, regulation regulation, or order that prior to the termination of any license which is issued after the effective date of this section, title to the land, including any interests therein. (other than land owned by the United States or by a 42 USC 2092. State) which is used for the disposal of any byproduct material, as defined by section 11 e. (2), pursuant to such license shall be transferred to "(A) the United States, or "(B) the State in which such land is located, at the option of such State. "(2) Unless the Commission determines prior to such termination that transfer of title to such land and such byproduct material is not necessary or desirable to protect the public health, safety, or welfare or to minimize or eliminate danger to life or property. Such determination shall be made in accordance with section 181 of this Act. Notwithstanding any other provision of law or any such determination, such property and materials shall be maintained pursuant to a license issued by the Commission pursuant to section 84 (b) in such manner as will protect the public health, safety, and the environment. "(B) If the Commission determines by order that use of the surface or subsurface estates, or both, of the land transferred to the United States or to a State under subparagraph (A) would not endanger the public health, safety, welfare, or environment, the Commission, pursuant to such regulations as it may prescribe, shall permit the use of the surface or subsurface estates, or both. of such land in a manner consistent with the provisions of this section. If the Commission permits such use of such land, it shall provide the person who transferred such land with the right of first refusal with respect to such use of such land. "(2) If transfer to the United States of title to such byproduct material and such land is required under this section, the Secretary of Energy or any Federal agency designated by the President shall, following the Commission's determination of compliance under subsection c., assume title and custody of such byproduct material and land transferred as provided in this subsection. Such Secretary or Federal agency shall maintain such material and land in such manner as will protect the public health and safety and the environment. Such custody may be transferred to another officer or instrumentality of the United States only upon approval of the President. "(3) If transfer to a State of title to such byproduct material is required in accordance with this subsection, such State shall, following the Commission's determination of compliance under subsection d., assume title and custody of such byproduct material and land transferred as provided in this subsection. Such State shall maintain such material and land in such manner as will protect the public health, safety, and the environment. "(4) In the case of any such license under section 62, which was in effect on the effective date of this section, the Commission may require, before the termination of such license, such transfer of land and interests therein (as described in paragraph (1) of this subsection) to the United States or a State in which such land is located. at the option of such State, as may be necessary to protect the public health, welfare, and the environment from any effects associated with such byproduct material. In exercising the authority of this paragraph, the Commission shall take into consideration the status of the ownership of such land and interests therein and the ability of the licensee to transfer title and custody thereof to the United States or a State. "(5) The Commission may, pursuant to a license, or by rule or order, require the Secretary or other Federal agency or State having custody of such property and materials to undertake such monitoring, maintenance, and emergency measures as are necessary to protect the public health and safety and such other actions as the Commission deems necessary to comply with the standards promulgated pursuant to section 84 of this Act. The Secretary or such other Federal agency is authorized to carry Post, p. 3039. out maintenance, monitoring, and emergency measures, but shall take no other action pursuant to such license, rule or order, with respect to such property and materials unless expressly authorized by Congress after the date of enactment of this Act. "(6) The transfer of title to land or byproduct materials, as defined in section 11 e. (2), to a State or the United States pursuant to this subsection shall not re- 42 USC 2014. lieve any licensee of liability for any fraudulent or negligent acts done prior to such transfer. "(7) Material and land transferred to the United States or a State in accordance with this subsection shall be transferred without cost to the United States or a State (other than administrative and legal costs incurred in carrying out such transfer). Subject to the provisions of paragraph (1)(B) of this subsection, the United States or a State shall not transfer title to material or property acquired under this subsection to any person, unless such transfer is in the same manner as provided under section 104 (h) of the Uranium Mill Tailings Radiation Control Act of 1978. "(8) The provisions of this subsection respecting transfer of title and custody to land shall not apply in the case of lands held in trust by the United States for any Indian tribe or lands owned by such Indian tribe subject to a restriction against alienation imposed by the United States. In the case of such lands which are used for the disposal of byproduct material, as defined in section 11 e. (2), the licensee shall be required to enter into such arrangements with the Commission as may be appropri ate to assure the long-term maintenance and monitoring of such lands by the United States. "c. Upon termination on any license to which this section applies, the Commission shall determine whether or not the licensee has complied with all applicable standards and requirements under such license." 68 "SEC. 84. AUTHORITIES OF COMMISSION RESPECTING 42 USC 2114. CERTAIN BYPRODUCT MATERIAL. "a. The Commission shall insure that the management of any byproduct material, as defined in section 11 e. (2), 42 USC 2014. is carried out in such manner as "(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and nonradiological hazards associated with the processing and with the possession and transfer of such material, "(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under section 275, and Infra. "(3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as 42 USC 6901 amended. "b. In carrying out its authority under this section, the Commission is authorized to note. Rule, regulation or order. "(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under section 81 of this Act to conduct monitoring, 42 USC 2111. perform remedial work, and to comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and "(2) make such studies and inspections and to conduct such monitoring as may be necessary. Any violation by any person other than the United Civil penalty. States or any officer or employee of the United States or a State of any rule, regulation, or order or licensing pro vision, of the Commission established under this section ante, p. 3033. or section 83 shall be subject to a civil penalty in the same manner and in the same amount as violations subject to a civil penalty under section 234. Nothing in this section 42 USC 2282. affects any authority of the Commission under any other provision of this Act." 69 as Public Law 95-604 (92 Stat. 3033) (1978), sec. 202(a), added sec. 83 and sec. 202(b) provided that sec. 83 should become effective three years after enactment of P.L. 95-604 (i.e.. on November 8, 1981). 6 Public Law 95-604 (92 Stat. 3039) (1978). sec. 205(a), added sec. 84. "CHAPTER 9. MILITARY APPLICATION OF ATOMIC ENERGY "SEC. 91. AUTHORITY. "a. The Commission is authorized to "(1) conduct experiments and do research and development work in the military application of atomic energy; and "(2) engage in the production of atomic weapons, or atomic weapon parts, except that such activities shall be carried on only to the extent that the express consent and direction of the President of the United States has been obtained, which consent and direction shall be obtained at least once each year. "b. The President from time to time may direct the Commission (1) to deliver such quantities of special nuclear material or atomic weapons to the Department of Defense for such use as he deems necessary in the interest of national defense, or (2) to authorize the Department of Defense to manufacture, produce, or acquire any atomic weapon or utilization facility for military purposes: Provided, however, That such authorization shall not extend to the production of special nuclear material other than that incidental to the operation of such utilization facilities. "c. The President may authorize the Commission or the Department of Defense, with the assistance of the other, to cooperate with another nation and, notwithstanding the provisions of section 57, 62, or 81, to transfer by sale, lease, or loan to that nation, in accordance with terms and conditions of a program approved by the President "(1) nonnuclear parts of atomic weapons provided that such nation has made substantial progress in the development of atomic weapons, and other nonnuclear parts of atomic weapons systems involving Restricted Data provided that such transfer will not contribute significantly to that nation's atomic weapon design, development, or fabrication capability; for the purpose of improving that nation's state of training and operational readiness; "(2) utilization facilities for military applications; and "(3) source, byproduct, or special nuclear material for research on, development of, production of, or use in utilization facilities for military applications; and "(4) source, byproduct, or special nuclear material for research on, development of, or use in atomic weapons: Provided, however, That the transfer of such material to that nation is necessary to Authority. 42 U.S.C. sec. 2121. |