
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-317 Section 1]
[CITE: 42USC2296a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
       SUBCHAPTER XIX--REMEDIAL ACTION AND URANIUM REVITALIZATION
 
           Part A--Remedial Action at Active Processing Sites
 
Sec. 2296a. Remedial action program


(a) In general

    Except as provided in subsection (b) of this section, the costs of 
decontamination, decommissioning, reclamation, and other remedial action 
at an active uranium or thorium processing site shall be borne by 
persons licensed under section 2092 or 2111 of this title for any 
activity at such site which results or has resulted in the production of 
byproduct material.

(b) Reimbursement

                           (1) In general

        The Secretary of Energy shall, subject to paragraph (2), 
    reimburse at least annually a licensee described in subsection (a) 
    of this section for such portion of the costs described in such 
    subsection as are--
            (A) determined by the Secretary to be attributable to 
        byproduct material generated as an incident of sales to the 
        United States; and
            (B) either--
                (i) incurred by such licensee not later than December 
            31, 2002; or
                (ii) placed in escrow not later than December 31, 2002, 
            in accordance with a plan for subsequent decontamination, 
            decommissioning, reclamation, and other remedial action 
            approved by the Secretary.

                             (2) Amount

        (A) To individual active site uranium licensees

            The amount of reimbursement paid to any licensee under 
        paragraph (1) shall be determined by the Secretary in accordance 
        with regulations issued pursuant to section 2296a-1 of this 
        title and, for uranium mill tailings only, shall not exceed an 
        amount equal to $6.25 multiplied by the dry short tons of 
        byproduct material located on October 24, 1992, at the site of 
        the activities of such licensee described in subsection (a) of 
        this section, and generated as an incident of sales to the 
        United States.

        (B) To all active site uranium licensees

            Payments made under paragraph (1) to active site uranium 
        licensees shall not in the aggregate exceed $350,000,000.

        (C) To thorium licensees

            Payments made under paragraph (1) to the licensee of the 
        active thorium site shall not exceed $140,000,000, and may only 
        be made for off-site disposal.

        (D) Inflation escalation index

            The amounts in subparagraphs (A), (B), and (C) of this 
        paragraph shall be increased annually based upon an inflation 
        index. The Secretary shall determine the appropriate index to 
        apply.

        (E) Additional reimbursement

            (i) Determination of excess

                The Secretary shall determine as of July 31, 2005, 
            whether the amount authorized to be appropriated pursuant to 
            section 2296a-2 of this title, when considered with the 
            $6.25 per dry short ton limit on reimbursement, exceeds the 
            amount reimbursable to the licensees under subsection (b)(2) 
            of this section.
            (ii) In the event of excess

                If the Secretary determines under clause (i) that there 
            is an excess, the Secretary may allow reimbursement in 
            excess of $6.25 per dry short ton on a prorated basis at 
            such sites where the costs reimbursable under subsection 
            (b)(1) of this section exceed the $6.25 per dry short ton 
            limitation described in paragraph (2) of such subsection.

                       (3) Byproduct location

        Notwithstanding the requirement of paragraph (2)(A) that 
    byproduct material be located at the site on October 24, 1992, 
    byproduct material moved from the site of the Edgemont Mill to a 
    disposal site as the result of the decontamination, decommissioning, 
    reclamation, and other remedial action of such mill shall be 
    eligible for reimbursement to the extent eligible under paragraph 
    (1).

(Pub. L. 102-486, title X, Sec. 1001, Oct. 24, 1992, 106 Stat. 2946; 
Pub. L. 104-259, Sec. 3(a), Oct. 9, 1996, 110 Stat. 3173; Pub. L. 105-
388, Sec. 11(a), Nov. 13, 1998, 112 Stat. 3484.)

                          Codification

    Section was enacted as part of the Energy Policy Act of 1992, and 
not as part of the Atomic Energy Act of 1954 which comprises this 
chapter.


                               Amendments

    1998--Subsec. (b)(2)(C). Pub. L. 105-388 substituted 
``$140,000,000'' for ``$65,000,000''.
    1996--Subsec. (b)(2)(A). Pub. L. 104-259, Sec. 3(a)(1), substituted 
``$6.25'' for ``$5.50''.
    Subsec. (b)(2)(B). Pub. L. 104-259, Sec. 3(a)(2), substituted 
``$350,000,000'' for ``$270,000,000''.
    Subsec. (b)(2)(C). Pub. L. 104-259, Sec. 3(a)(3), substituted 
``$65,000,000'' for ``$40,000,000''.
    Subsec. (b)(2)(E). Pub. L. 104-259, Sec. 3(a)(4), (5), substituted 
``$6.25'' for ``$5.50'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 2296a-1, 2296a-2 of this 
title.
