Title 42, The Public Health and WelfareRelease 119-110

§2296a Remedial Action Program

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER XIX — REMEDIAL ACTION AND URANIUM REVITALIZATION › Part A — Remedial Action at Active Processing Sites › § 2296a

Last updated Sep 22, 2026|Official source

Summary

License holders must pay for cleanup, decommissioning, and other remedial work at active uranium or thorium processing sites when their licensed activities produced the waste. The Secretary of Energy must reimburse those licensees at least once a year for the part of those cleanup costs that came from byproduct material created because of sales to the United States. Reimbursement covers costs paid on or before December 31, 2007, or costs paid after that date if they follow a cleanup plan the Secretary approves. Reimbursements follow money limits. For uranium mill tailings, a licensee’s refund cannot exceed $6.25 multiplied by the dry short tons of eligible byproduct that were at the site on October 24, 1992 and were created by sales to the United States. All uranium site payments together cannot exceed $350,000,000. The active thorium site may receive up to $365,000,000 only for off‑site disposal, with yearly limits of $90,000,000 for fiscal year 2002, $55,000,000 for 2003, and $20,000,000 for each fiscal year 2004 through 2007 (unused yearly amounts may be used later). These dollar limits are increased each year for inflation using an index the Secretary chooses. The Secretary must check by December 31, 2008 whether extra funding is available; if so, they may distribute amounts above $6.25 per dry short ton on a prorated basis. Byproduct moved from the Edgemont Mill to a disposal site during cleanup can be reimbursed if it otherwise qualifies.

Full Legal Text

Title 42, §2296a

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

(a)In general
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)Reimbursement
(1)In general
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)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), 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 $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.
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.
(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 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)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) 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).

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2296a

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110