§ 2296a. Remedial action program
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/usc/title-42/section-2296aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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).
(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.)
Connections59 cite this · traces to 1
Cited by 59 sections · top 32
U.S. Code
statutes-at-large
- Public Law 105–388To extend certain programs under the Energy Policy and Conservation Act and the Energy Conservation and Production Act, and for other purposes
- Public Law 106–317To make technical corrections to title X of the Energy Policy Act of 1992
- Public Law 107–222To amend title X of the Energy Policy Act of 1992, and for other purposes
- Public Law 104–259To extend the authorization of the Uranium Mill Tailings Radiation Control Act of 1978, and for other purposes
- Public Law 102–486To provide for improved energy efficiency
register
- NoticesNotice of the acceptance of claims and the availability of funds for reimbursement in fiscal year (FY) 2001
- NoticesNotice of acceptance of Title X claims during fiscal year (FY) 2021
- NoticesNotice of acceptance of title X claims during fiscal year (FY) 2023
- NoticesNotice of acceptance of title X claims during fiscal year (FY) 2024
- NoticesNotice of the Title X claims during fiscal year (FY) 2019
- NoticesNotice of the Title X claims during fiscal year (FY) 2017
- NoticesNotice of the Title X claims during fiscal year (FY) 2014
- UnknownFinal rule; Technical and administrative amendments
- NoticesNotice of the Title X claims during fiscal year (FY) 2020
- NoticesNotice of the acceptance of Title X claims for reimbursement in fiscal year (FY) 2009
- NoticesNotice of the acceptance of Title X claims for reimbursement in fiscal year (FY) 2008
- NoticesNotice of the acceptance of claims and the availability of funds for reimbursement in fiscal year (FY) 2002
- NoticesNotice of the acceptance of claims and the availability of funds for reimbursement in fiscal year (FY) 2003
- NoticesNotice of acceptance of Title X claims during fiscal year (FY) 2022
- NoticesRevised notice of the acceptance of Title X claims during fiscal year (FY) 2011
- NoticesNotice of acceptance of Title X claims during fiscal year (FY) 2025
- NoticesNotice of the acceptance of Title X claims during fiscal year (FY) 2012
- NoticesNotice of the Title X claims during fiscal year (FY) 2013
- NoticesNotice of the Title X claims during fiscal year (FY) 2016
- NoticesNotice of change in the acceptance of Title X claims during fiscal year (FY) 2011
- NoticesNotice of the acceptance of Title X claims for reimbursement in fiscal year (FY) 2006 and the acceptance of plans for subsequent remedial action
- NoticesNotice of the Title X claims during fiscal year (FY) 2015
- NoticesNotice of the Title X claims during fiscal year (FY) 2018
- NoticesNotice of the acceptance of Title X claims for reimbursement in fiscal year (FY) 2004
- NoticesNotice of the acceptance of Title X claims during fiscal year (FY) 2011
statute-compilations
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U.S. Code
19 references not yet in our index
- Pub. L. 102–486, title X, § 1001
- 106 Stat. 2946
- Pub. L. 104–259, § 3(a)
- 110 Stat. 3173
- Pub. L. 105–388, § 11(a)
- 112 Stat. 3484
- Pub. L. 106–317, § 1
- 114 Stat. 1277
- Pub. L. 107–222, § 1(a)
- 116 Stat. 1336
- Pub. L. 107–222
- Pub. L. 106–317, § 1(1)
- Pub. L. 106–317, § 1(2)
- Pub. L. 106–317, § 1(3)
- Pub. L. 105–388
- Pub. L. 104–259, § 3(a)(1)
- Pub. L. 104–259, § 3(a)(2)
- Pub. L. 104–259, § 3(a)(3)
- Pub. L. 104–259, § 3(a)(4)
Citation graph
cites case law
§ 2296a
Remedial action program
Fed. Reg.×50
Stat.×6
U.S.C.×2
Stat. Comp.×1
Pub. L.Pub. L. 102–486, title X, § 1001
Stat.106 Stat. 2946
Pub. L.Pub. L. 104–259, § 3(a)
Stat.110 Stat. 3173
Pub. L.Pub. L. 105–388, § 11(a)
Cites 20 · showing 6Cited by 59 across 4 sources