2018 US Code
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
| 42 U.S.C. § 2296a (2018) |
| §2296a. Remedial action program |
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(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 generalThe 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. 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. Payments made under paragraph (1) to active site uranium licensees shall not in the aggregate exceed $350,000,000. 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. 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. 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). 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. 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). |
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(Pub. L. 102–486, title X, §1001, Oct. 24, 1992, 106 Stat. 2946; Pub. L. 104–259, §3(a), Oct. 9, 1996, 110 Stat. 3173; Pub. L. 105–388, §11(a), Nov. 13, 1998, 112 Stat. 3484; Pub. L. 106–317, §1, Oct. 19, 2000, 114 Stat. 1277; Pub. L. 107–222, §1(a), Aug. 21, 2002, 116 Stat. 1336.) |
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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. AMENDMENTS2002—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. |
| United States Code, 2018 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 |
| section 2296a |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 106 Stat. 2946 110 Stat. 3173 112 Stat. 3484 114 Stat. 1277 116 Stat. 1336 |
| Public Law 102-486, Public Law 104-259, Public Law 105-388, Public Law 106-317, Public Law 107-222 |
