--- kind: "section" citation: "42 U.S.C. § 7915" title: "42" title_heading: "The Public Health and Welfare" number: "7915" heading: "Indian tribe cooperative agreements" release: "119-102" url: "https://uscodex.org/usc/42/7915" units: - "Chapter 88 — Uranium Mill Tailings Radiation Control" - "Subchapter I — Remedial Action Program" --- # §7915. Indian tribe cooperative agreements - (a) **Authority of Secretary; priorities for remedial action; use of Indian personnel; terms and conditions—** After notifying the [Indian tribe](/usc/42/7911.md?p=4) of the designation pursuant to [section 7912 of this title](/usc/42/7912.md), the [Secretary](/usc/42/7911.md?p=1), in consultation with the [Secretary](/usc/42/7911.md?p=1) of the Interior, is authorized to enter into a cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A), subject to [section 7923 of this title](/usc/42/7923.md), with any [Indian tribe](/usc/42/7911.md?p=4) to perform remedial action at a designated [processing site](/usc/42/7911.md?p=6) located on land of such [Indian tribe](/usc/42/7911.md?p=4). The [Secretary](/usc/42/7911.md?p=1) shall, to the greatest extent practicable, enter into such [agreements](/usc/42/1320b–8.md?p=a-3-A) and carry out such remedial actions in accordance with the priorities established by him under [section 7912 of this title](/usc/42/7912.md). In performing any remedial action under this section and in carrying out any continued monitoring or maintenance respecting [residual radioactive materials](/usc/42/7911.md?p=7) associated with any site subject to a cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) under this section, the [Secretary](/usc/42/7911.md?p=1) shall make full use of any qualified members of [Indian tribes](/usc/42/7911.md?p=4) resident in the vicinity of any such site. Each such [agreement](/usc/42/1320b–8.md?p=a-3-A) shall contain such terms and conditions as the [Secretary](/usc/42/7911.md?p=1) deems appropriate and consistent with the purposes of this chapter. Such terms and conditions shall require the following: - (1) The [Indian tribe](/usc/42/7911.md?p=4) and any [person](/usc/42/7911.md?p=5) holding any interest in such land shall execute a waiver (A) releasing the [United States](/usc/42/7911.md?p=10) of any liability or [claim](/usc/42/1320a–7a.md?p=i-2) thereof by such tribe or [person](/usc/42/7911.md?p=5) concerning such remedial action and (B) holding the [United States](/usc/42/7911.md?p=10) harmless against any [claim](/usc/42/1320a–7a.md?p=i-2) 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](/usc/42/7918.md) by the [Secretary](/usc/42/7911.md?p=1) or such [person](/usc/42/7911.md?p=5) as he may designate. - (3) The [Secretary](/usc/42/7911.md?p=1), the [Commission](/usc/42/7911.md?p=2), and the [Administrator](/usc/42/7911.md?p=3) and their authorized [representatives](/usc/42/3058f.md?p=5) shall have a permanent right of entry at any time to inspect such [processing site](/usc/42/7911.md?p=6) in furtherance of the provisions of this subchapter, to carry out such [agreement](/usc/42/1320b–8.md?p=a-3-A), and to enforce any rules prescribed under this chapter. Each [agreement](/usc/42/1320b–8.md?p=a-3-A) under this section shall take effect only upon concurrence of the [Commission](/usc/42/7911.md?p=2) with the terms and conditions thereof. - (b) **Disposition and stabilization sites for residual radioactive materials; transfer to Secretary of the Interior—** When the [Secretary](/usc/42/7911.md?p=1) with the concurrence of the [Commission](/usc/42/7911.md?p=2) determines [removal](/usc/42/9601.md?p=23) of [residual radioactive materials](/usc/42/7911.md?p=7) from a [processing site](/usc/42/7911.md?p=6) on lands described in [subsection (a)](#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](/usc/42/7911.md?p=7). Such materials shall be transferred to the [Secretary](/usc/42/7911.md?p=1) (without payment therefor by the [Secretary](/usc/42/7911.md?p=1)) and permanently retained and maintained by the [Secretary](/usc/42/7911.md?p=1) under the conditions established in a license issued by the [Commission](/usc/42/7911.md?p=2), subject to section [7914(f)(2)](/usc/42/7914.md?p=f-2) and [(h)](/usc/42/7914.md?p=h) of this title. ## Source credit (Pub. L. 95–604, title I, § 105, Nov. 8, 1978, 92 Stat. 3028.) ## Notes ### Editorial Notes ### References in Text This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables.