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Acquisition. 42 U.S.C. Bec. 2096.

41 U.S.C. 252(c).

260 (b).)

ports of ownership, possession, extraction, refining, shipment, or other handling of source material as it may deem necessary, except that such reports shall not be required with respect to (a) any source material prior to removal from its place of deposit in nature, or (b) quantities of source material which in the opinion of the Commission are unimportant or the reporting of which will discourage independent prospecting for new deposits.

"SEC. 66. ACQUISITION.-The Commission is authorized and directed, to the extent it deems necessary to effectuate the provisions of this Act

"a. to purchase, take, requisition, condemn, or otherwise acquire supplies of source material;

"b. to purchase, condemn, or otherwise acquire any interest in real property containing deposits of source material; and

"c. to purchase, condemn, or otherwise acquire rights to enter upon any real property deemed by the Commission to have possibilities of containing deposits of source material in order to conduct prospecting and exploratory operations for such deposits.

Any purchase made under this section may be made with(See 41 U.S.C. out regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advanced payments may be made under contracts for such purposes. The Commission may establish guaranteed prices for all source material delivered to it within a specified time. Just compensation shall be made for any right, property, or interest in property taken, requisitioned, condemned, or otherwise acquired under this section.

Operations on lands belonging to the United States. 42 U.S.C. sec. 2097.

Public and
acquired lands.
42 U.S.C.
sec. 2098.

"SEC. 67. OPERATIONS ON LANDS BELONGING TO THE UNITED STATES.-The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this Act, to issue leases or permits for prospecting for, exploration for, mining of, or removal of deposits of source material in lands belonging to the United States: Provided, however, That notwithstanding any other provisions of law, such leases or permits may be issued for lands administered for national park, monument, and wildlife purposes only when the President by Executive Order declares that the requirements of the common defense and security make such action necessary.

"SEC. 68. PUBLIC AND ACQUIRED LANDS.-63

"a. No individual, corporation, partnership, or association, which had any part, directly or indirectly, in the development of the atomic energy program, may benefit

63 Public Law 85-681 (72 Stat. 623) (1958), sec. 3, amended the title to sec. 68. Before amendment it read "PUBLIC LANDS.

by any location, entry, or settlement upon the public domain made after such individual, corporation, partnership, or association took part in such project, if such individual, corporation, partnership, or association, by reason of having had such part in the development of the atomic energy program, acquired confidential official information as to the existence of deposits of such uranium, thorium, or other materials in the specific lands upon which such location, entry, or settlement is made, and subsequent to the date of the enactment of this Act made such location, entry, or settlement or caused the same to be made for his, or its, or their benefit.

reservation.

"b. Any reservation of radioactive mineral substances, Release of fissionable materials, or source material, together with the right to enter upon the land and prospect for, mine, and remove the same, inserted pursuant to Executive Order 9613 of September 13, 1945, Executive Order 9701 of March 4, 1946, the Atomic Energy Act of 1946, or Executive Order 9908 of December 5, 1947, in any patent, conveyance, lease, permit, or other authorization or instrument disposing of any interest in public or acquired lands of the United States, is hereby released, remised, and quitclaimed to the person or persons entitled upon the date of this Act under the grant from the United States or successive grants to the ownership, occupancy, or use of the land under applicable Federal or State laws: Provided, however, That in cases where any such reservation on acquired lands of the United States has been heretofore released, remised, or quitclaimed subsequent to August 12, 1954, in reliance upon authority deemed to have been contained in the Atomic Energy Act of 1946, as amended, or the Atomic Energy Act of 1954, as heretofore amended, the same shall be valid and effective in all respects to the same extent as if public lands and not acquired lands had been involved. The foregoing release shall be subject to any rights which may have been granted by the United States pursuant to any such reservation, but the releases shall be subrogated to the rights of the United States.64

"c. Notwithstanding the provisions of the Atomic En- 60 Stat. 775. ergy Act of 1946, as amended, and particularly section 5 (b) (7) thereof,65 or the provisions of the Act of August

Public Law 85-681 (72 Stat. 632) (1958), sec. 3, amended sec. 68 by substituting a new subsec. b. Before amendment subsec. b. read as follows:

"b. In cases where any patent, conveyance, lease, permit, or other authorization has been issued, which reserved to the United States source materials and the right to enter upon the land and prospect for, mine, and remove the same, the head of the Government agency which issued the patent, conveyance, lease, permit, or other authorization shall, on application of the holder thereof, issue a new or supplemental patent, conveyance, lease, permit, or other authorization without such reservation. If any rights have been granted by the United States pursuant to any such reservation then such patent shall be made subject to those rights, but the patentee shall be subrogated to the rights of the United States." 65 See Atomic Energy Act of 1946, appendix B, infra, sec. 5(b) (7).

30 U.S.C. 501-505, 503.

Prohibition. 42 U.S.C. sec. 2099.

Domestic distribution. 42 U.S.C. sec. 2111.

12, 1953 (67 Stat. 539), and particularly section 3 thereof, any mining claim, heretofore located under the mining laws of the United States, for or based upon a discovery of a mineral deposit which is a source material and which, except for the possible contrary construction of said Atomic Energy Act, would have been locatable under such mining laws, shall, insofar as adversely affected by such possible contrary construction, be valid and effective, in all respects to the same extent as if said mineral deposit were a locatable mineral deposit other than a source material.

"SEC. 69. PROHIBITION.-The Commission shall not license any person to transfer or deliver, receive possession of or title to, or import into or export from the United States any source material if, in the opinion of the Commission, the issuance of a license to such person for such purpose would be inimical to the common defense and security or the health and safety of the public.

"CHAPTER 8. BYPRODUCT MATERIAL

"SEC. 81. DOMESTIC DISTRIBUTION.-No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 82 or section 84.66 The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants 67 with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and (c) will encourage research and development. In distributing such material, the Commission shall give preference to

66 Public Law 95-604 (92 Stat. 3039) (1978), sec. 205 (b), amended the first sentence of sec. 81. Before amendment it read as follows: "No person may transfer or receive in interstate commerce, manufacture, produce transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section or by section 82."

7 Sec. 4 of Public Law 93-377 (88 Stat. 475) (1974) changed the word "licensees" to "qualified applicants" and deleted the following sentence, which was previously the fifth sentence of sec. 81:

"Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material.'

applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Commission or in a manner other than as disclosed in the application therefor or approved by the Commission. The Commission is authorized to establish classes of byproduct material and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public. "SEC. 82. FOREIGN DISTRIBUTION OF BYPRODUCT MATERIAL.

Foreign dis tribution of byproduct

42 U.S.C.

sec. 2112.

"a. The Commission is authorized to cooperate with material. any nation by distributing byproduct material, and to 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 U.S.C. 2113. PRODUCT MATERIAL AND DISPOSABLE SITES.

2111.

"a. Any license issued or renewed after the effective date of this section under section 62 or section 81 for any 42 U.S.C. 2002, activity which results in the production of any byproduct material, as defined in section 11e. (2), shall contain terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such license-

42 U.S.C. 2014.

42 U.S.C. 2014.

Rule, regulation or order.

"(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

66

(2) ownership of any byproduct material, as defined in section 11 e. (2), which resulted from such licensed activity shall be transferred to (A) the United States or (B) in the State in which such activity occurred if such State exercises the option under subsection b. (1) to acquire land used for the disposal of byproduct material.

"Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination." 68

"(b) (1) (A) The Commission shall require by rule, 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 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

"(i) the United States, or

"(ii) the State in which such land is located, at the option of such State.

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 81 of this Act 70 in such manner as will protect the public health, safety, and the environ

ment.

"(B) If the Commission determines by order that use of the surface or subsurface estates, or both, of the land

69 Public Law 96-106 (93 Stat. 800) (1979) sec. 22(c) amended last sentence of sec. 83a. Before amendment this sentence read as follows:

Any license in effect on the date of the enactment of this section shall either contain such terms and conditions on renewal thereof after the effective date of this section, or comply with paragraphs (1) and (2) upon the termination of such license, whichever first occurs.

69 Public Law 96-106 (93 Stat. 800) (1979) sec. 22 (e) (1) amended sec: 83(b) (1) (A) by striking out all that follows "transferred to-" through "Unless". Before amendment this part read as follows:

"(A) the United States, or

"(B) the State in which such land is located, at the option of such State.

"(2) Unless

70 Public Law 96-106 (93 Stat. 800) (1979) sec. 22(e) (2) amended sec. 83(b) (1) (A) by inserting "section 81 of this Act" in lieu of "section 84b".

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