§2296a Remedial Action Program

Summary

Companies with federal licenses for active uranium or thorium processing sites must pay for cleanup, decommissioning, reclamation, and other remedial work when their activities produced leftover radioactive material. The Energy Secretary must pay back licensed operators at least once a year for the part of those costs that the Secretary finds came from byproduct material created because of sales to the United States, but only for costs paid by December 31, 2007, or costs paid later under a cleanup plan the Secretary approves. The Secretary will set rules for how much is paid. For uranium mill tailings the payment per dry short ton is capped at $6.25 times the dry short tons that were at the site on October 24, 1992. Total payments to active uranium sites cannot exceed $350,000,000. Payments to the active thorium site cannot exceed $365,000,000 and may be used only for off‑site disposal, with yearly limits of $90,000,000 (FY2002), $55,000,000 (FY2003), and $20,000,000 each year for FY2004–FY2007. These amounts rise each year for inflation using an index the Secretary chooses. By December 31, 2008, the Secretary must check if available funds plus the $6.25 limit exceed what is needed; if so, the Secretary may raise payments above $6.25 per ton on a pro rata basis where costs exceed that cap. Byproduct material moved from the Edgemont Mill to a disposal site because of cleanup is eligible for reimbursement under these rules.