Collapse to view only § 2296a. Remedial action program
- § 2296a. Remedial action program
- § 2296a-1. Regulations
- § 2296a-2. Authorization of appropriations
- § 2296a-3. Definitions
§ 2296a. Remedial action program
(a) In general
(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.
(2) Amount
(A) To individual active site uranium licensees
(B) To all active site uranium licensees
(C) To thorium licenseesPayments 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
(E) Additional reimbursement
(i) Determination of excess
(ii) In the event of excess
(3) Byproduct location
(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.)
§ 2296a–1. Regulations
Within 180 days of October 24, 1992, the Secretary shall issue regulations governing reimbursement under section 2296a of this title. An active uranium or thorium processing site owner shall apply for reimbursement hereunder by submitting a request for the amount of reimbursement, together with reasonable documentation in support thereof, to the Secretary. Any such request for reimbursement, supported by reasonable documentation, shall be approved by the Secretary and reimbursement therefor shall be made in a timely manner subject only to the limitations of section 2296a of this title.
(Pub. L. 102–486, title X, § 1002, Oct. 24, 1992, 106 Stat. 2947.)
§ 2296a–2. Authorization of appropriations
(a) In general
(b) Source
(Pub. L. 102–486, title X, § 1003, Oct. 24, 1992, 106 Stat. 2947; Pub. L. 104–259, § 3(b), Oct. 9, 1996, 110 Stat. 3174; Pub. L. 105–388, § 11(b), Nov. 13, 1998, 112 Stat. 3485; Pub. L. 107–222, § 1(b), Aug. 21, 2002, 116 Stat. 1336.)
§ 2296a–3. DefinitionsFor purposes of this part:
(1) The term “active uranium or thorium processing site” means—
(A) any uranium or thorium processing site, including the mill, containing byproduct material for which a license (issued by the Nuclear Regulatory Commission or its predecessor agency under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], or by a State as permitted under section 274 of such Act (42 U.S.C. 2021)) for the production at such site of any uranium or thorium derived from ore—
(i) was in effect on January 1, 1978;
(ii) was issued or renewed after January 1, 1978; or
(iii) for which an application for renewal or issuance was pending on, or after January 1, 1978; and
(B) any other real property or improvement on such real property that is determined by the Secretary or by a State as permitted under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021) to be—
(i) in the vicinity of such site; and
(ii) contaminated with residual byproduct material;
(2) The term “byproduct material” has the meaning given such term in section 11 e. (2) of the Atomic Energy Act of 1954,1
1 So in original. The comma probably should not appear.
(42 U.S.C. 2014(e)(2)); and(3) The term “decontamination, decommissioning, reclamation, and other remedial action” means work performed prior to or subsequent to October 24, 1992, which is necessary to comply with all applicable requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.), or where appropriate, with requirements established by a State that is a party to a discontinuance agreement under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021).
(Pub. L. 102–486, title X, § 1004, Oct. 24, 1992, 106 Stat. 2947.)