Sec. 105. indian tribe cooperative agreements
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## Sec. 105 indian tribe cooperative agreements ###
(a)After notifying the Indian tribe of the designation pursuant to section 102 of this title, the Secretary, in consultation with the Secretary of the Interior, is authorized to enter into a cooperative agreement, subject to section 113, with any Indian tribe to perform remedial action at a designated processing site located on land of such Indian tribe. The Secretary shall, to the greatest extent practicable, enter into such agreements and carry out such remedial actions in accordance with the priorities established by him under section 102. In performing any remedial action under this section and in carrying out any continued monitoring or maintenance respecting residual radioactive materials associated with any site subject to a cooperative agreement under this section, the Secretary shall make full use of any qualified members of Indian tribes resident in the vicinity of any such site. Each such agreement shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this Act. Such terms and conditions shall require the following: ####
(1)The Indian tribe and any person holding any interest in such land shall execute a waiver
(A)releasing the United States of any liability or claim thereof by such tribe or person concerning such remedial action and
(B)holding the United States harmless against any claim arising out of the performance of any such remedial action. ####
(2)The remedial action shall be selected and performed in accordance with section 108 by the Secretary or such person as he may designate. ####
(3)The Secretary, the Commission, and the Administrator and their authorized representatives shall have a permanent right of entry at any time to inspect such processing site in furtherance of the provisions of this title, to carry out such agreement, and to enforce any rules described under this Act. Each agreement under this section shall take effect only upon concurrence of the Commission with the terms and conditions thereof. ###
(b)When the Secretary with the concurrences of the Commission determines removal of residual radioactive materials from a processing site on lands described in subsection
(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. Such materials shall be transferred to the Secretary (without payment therefor by the Secretary) and permanently retained and maintained by the Secretary under the conditions established in a license issued by the Commission, subject to section 104 (f)(2) and (h). **[**[42 U.S.C. 7915](/us/usc/t42/s7915)**]**
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Sec. 105
indian tribe cooperative agreements
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