Sec. 402. National strategic uranium reserve
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In this section: The term program means the program established under subsection (b)(1). The term Uranium Reserve means the uranium reserve operated pursuant to the program. Not later than 60 days after the date of enactment of this Act, the Secretary, subject to the availability of appropriations, shall establish a program to operate a uranium reserve in accordance with this section. In establishing the program and operating the Uranium Reserve, the Secretary shall use the authority granted to the Secretary by sections 53, 63, and 161 g. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 , 2093, 2201(g)).
The purposes of the Uranium Reserve are— to provide assurance of the availability of uranium recovered in the United States in the event of a market disruption; and to support strategic fuel cycle capabilities in the United States. The Secretary shall exclude from the Uranium Reserve uranium that is recovered in the United States by an entity that— is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.
The Secretary may acquire for the Uranium Reserve only uranium recovered from a facility described in paragraph (2), including, subject to paragraph (3), uranium ore that has been mined. A facility referred to in paragraph
(1)is a facility that— is licensed by the Commission as of the date of enactment of this Act; is not located on Tribal land; and is not the subject of an enforcement action that— was taken— in response to a violation of a regulation in part 40 of title 10, Code of Federal Regulations (or successor regulations); and during the 1-year period ending on the date on which the uranium is acquired for the Uranium Reserve; and was characterized as escalated enforcement ; or as of the date of enactment of this Act, is licensed by a State that has entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2021(b) ); is not located on Tribal land; and is not the subject of an enforcement action that— was taken— in response to a violation of an applicable State requirement that is compatible with the regulations of the Commission in part 40 of title 10, Code of Federal Regulations (or successor regulations); and during the 1-year period ending on the date on which the uranium is acquired for the Uranium Reserve; and was subject to further administrative actions, further orders, or the equivalent of further administrative actions or orders. Except as provided in subparagraph (B), with respect to any uranium ore acquired by a facility described in paragraph
(2)that has been mined, the Secretary may acquire for the Uranium Reserve only uranium extracted from a conventional mine that is not located on— Tribal land; Federal land temporarily withdrawn from location and entry pursuant to the record of decision described in the notice of availability entitled Notice of Availability of Record of Decision for the Northern Arizona Proposed Withdrawal (77 Fed. Reg. 2317 (January 17, 2012)); or Federal land that, as of October 1, 2020, is permanently withdrawn from location and entry under sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq.). The Secretary may acquire for the Uranium Reserve uranium recovered from material obtained as a result of removal or remedial actions carried out on abandoned mine land located on Tribal land. Not later than 90 days after the date of enactment of this Act, the Secretary shall publish a request for information to help the Secretary evaluate— options for the operation and management of the Uranium Reserve; contractual mechanisms pursuant to which the Secretary could acquire uranium; and the quantities, form, transportation, and storage of uranium in the Uranium Reserve. For each fiscal year beginning after the date of enactment of this Act, the Secretary shall include in the budget justification submitted to Congress pursuant to section 1105 of title 31, United States Code— a request for amounts for the acquisition, transportation, and storage of uranium in the Uranium Reserve; or an explanation of why amounts are not requested for the acquisition, transportation, or storage of uranium in the Uranium Reserve.
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- 77 FR 2317
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