42 USC 7913 - State cooperative agreements

U.S Code last checked for updates: May 02, 2024

§ 7913.

State cooperative agreements

(a)

Authority of Secretary; prompt commencement of preparations

(b)

Terms and conditions; limitation of Federal assistance

(c)

Written consent of record interest holder; waiver

(1)

Except where the State is required to acquire the processing site as provided in subsection (a) of section 7914 of this title, each cooperative agreement with a State under this section shall provide that the State shall obtain, in a form prescribed by the Secretary, written consent from any person holding any record interest in the designated processing site for the Secretary or any person designated by him to perform remedial action at such site.

(2)

Such written consent shall include a waiver by each such person on behalf of himself, his heirs, successors, and assigns—

(A)

releasing the United States of any liability or claim thereof by such person, his heirs, successors, and assigns concerning such remedial action, and

(B)

holding the United States harmless against any claim by such person on behalf of himself, his heirs, successors, or assigns arising out of the performance of any such remedial action.

(d)

Inspection entries; termination of right of entry

(e)

Effective date

(f)

Reimbursement

The Secretary may, in any cooperative agreement entered into under this section or section 7915 of this title, provide for reimbursement of the actual costs, as determined by the Secretary, of any remedial action performed with respect to so much of a designated processing site as is described in section 7911(6)(B) of this title. Such reimbursement shall be made only to a property owner of record at the time such remedial action was undertaken and only with respect to costs incurred by such property owner. No such reimbursement may be made unless—

(1)

such remedial action was completed prior to November 8, 1978, and unless the application for such reimbursement was filed by such owner within one year after an agreement under this section or section 7915 of this title is approved by the Secretary and the Commission, and

(2)

the Secretary is satisfied that such action adequately achieves the purposes of this chapter with respect to the site concerned and is consistent with the standards established by the Administrator pursuant to section 2022(a) of this title.

(Pub. L. 95–604, title I, § 103, Nov. 8, 1978, 92 Stat. 3024.)

cite as: 42 USC 7913