42 U.S.C. § 7917

Financial assistance

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(a) Federal and non-Federal funds; administrative costs

In the case of any designated processing site for which an agreement is executed with any State for remedial action at such site, the Secretary shall pay 90 per centum of the actual cost of such remedial action, including the actual costs of acquiring such site (and any interest therein) or any disposition site (and any interest therein) pursuant to section 7913 of this title, and the State shall pay the remainder of such costs from non-Federal funds. The Secretary shall not pay the administrative costs incurred by any State to develop, prepare, and carry out any cooperative agreement executed with such State under this subchapter, except the proportionate share of the administrative costs associated with the acquisition of lands and interests therein acquired by the State pursuant to this subchapter.

(b) Indian land processing sites

In the case of any designated processing site located on Indian lands, the Secretary shall pay the entire cost of such remedial action.

(Pub. L. 95–604, title I, § 107, Nov. 8, 1978, 92 Stat. 3029.)

Notes of Decisions

Cited in 4 cases, 1985–1994 · leading case: State, Dep't of Health v. Mill, 887 P.2d 993 (Colo. 1994).

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State, Dep't of Health v. Mill, 887 P.2d 993 (Colo. 1994). · cites it 2× “42 U.S.C. § 7917 (a). In contrast, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.”

Mill v. State, Dep't of Health, 868 P.2d 1099 (Colo. Ct. App. 1994). “42 U.S.C. § 7917 (1988). Significantly, private owners of sites that are not acquired through purchase or condemnation, are required to pay nothing for the consensual remedial cleanup of their property.”

Dunn v. United States, 842 F.2d 1420 (3rd Cir. 1988). “42 U.S.C. § 7917 . 9 Within this system, UMTRCA mandates a three-phase program for site cleanup.”

Am. Mining Cong. v. Thomas, 772 F.2d 617 (10th Cir. 1985). “Under the statutory scheme the federal government and the affected state share the costs of the remedial action taken to control mill tailings, see 42 U.S.C. § 7917 , with the possibility of later reimbursement from private parties, id.”

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