§2296a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Companies with active federal licenses to process uranium or thorium must pay to clean up their sites, but the Secretary of Energy must reimburse certain cleanup costs. The Secretary must pay at least once a year for costs that are tied to leftover material made when those companies sold material to the United States. Reimbursement covers costs paid by December 31, 2007, or costs paid after that date if they follow a cleanup plan the Secretary approves. The Secretary decides exact payment amounts under rules he issues. Limits apply. For uranium mill tailings, payment per site cannot exceed $6.25 times the dry short tons of such material at the site on October 24, 1992. Total payments to active uranium sites cannot be more than $350,000,000. Payments to the active thorium site cannot exceed $365,000,000 and are only for off‑site disposal, with yearly caps of $90,000,000 (FY2002), $55,000,000 (FY2003), and $20,000,000 for each of FY2004–FY2007. These amounts rise with inflation by an index the Secretary picks. By December 31, 2008, the Secretary must check if available funds plus the $6.25 limit exceed what is owed; if there is extra money, he may prorate payments above $6.25 per dry short ton. Material moved from the Edgemont Mill to a disposal site because of cleanup can be reimbursed the same way.

Title 42, §2296a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), 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)(1)The Secretary of Energy shall, subject to paragraph (2), reimburse at least annually a licensee described in subsection (a) 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, 2007; or

(ii)incurred by a licensee after December 31, 2007, in accordance with a plan for subsequent decontamination, decommissioning, reclamation, and other remedial action approved by the Secretary.

(2)(A)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), and generated as an incident of sales to the United States.

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

(C)Payments made under paragraph (1) to the licensee of the active thorium site shall not exceed $365,000,000, and may only be made for off-site disposal. Such payments shall not exceed the following amounts:

(i)$90,000,000 in fiscal year 2002.

(ii)$55,000,000 in fiscal year 2003.

(iii)$20,000,000 in fiscal year 2004.

(iv)$20,000,000 in fiscal year 2005.

(v)$20,000,000 in fiscal year 2006.

(vi)$20,000,000 in fiscal year 2007.

(D)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)(i)The Secretary shall determine as of December 31, 2008, 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).

(ii)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) exceed the $6.25 per dry short ton limitation described in paragraph (2) of such subsection.

(3)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).

Notes & Related Subsidiaries

Editorial Notes

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

2002—Subsec. (b)(2)(C). Pub. L. 107–222 substituted “$365,000,000” for “$140,000,000” and inserted at end “Such payments shall not exceed the following amounts: “(i) $90,000,000 in fiscal year 2002. “(ii) $55,000,000 in fiscal year 2003. “(iii) $20,000,000 in fiscal year 2004. “(iv) $20,000,000 in fiscal year 2005. “(v) $20,000,000 in fiscal year 2006. “(vi) $20,000,000 in fiscal year 2007. Any amounts authorized to be paid in a fiscal year under this subparagraph that are not paid in that fiscal year may be paid in subsequent fiscal years.” 2000—Subsec. (b)(1)(B)(i). Pub. L. 106–317, § 1(1), substituted “2007” for “2002”. Subsec. (b)(1)(B)(ii). Pub. L. 106–317, § 1(2), substituted “incurred by a licensee after

December 31, 2007,” for “placed in escrow not later than

December 31, 2002,”. Subsec. (b)(2)(E)(i). Pub. L. 106–317, § 1(3), substituted “

December 31, 2008” for “

July 31, 2005”. 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, § 3(a)(1), substituted “$6.25” for “$5.50”. Subsec. (b)(2)(B). Pub. L. 104–259, § 3(a)(2), substituted “$350,000,000” for “$270,000,000”. Subsec. (b)(2)(C). Pub. L. 104–259, § 3(a)(3), substituted “$65,000,000” for “$40,000,000”. Subsec. (b)(2)(E). Pub. L. 104–259, § 3(a)(4), (5), substituted “$6.25” for “$5.50” wherever appearing.

§2296a Remedial action program

Summary

Title 42, §2296a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata