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.
Reimbursement
In general
Amount
To individual active site uranium licensees
section 2296a–1 of this titleThe amount of reimbursement paid to any licensee under paragraph (1) shall be determined by the Secretary in accordance with regulations issued pursuant to 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 , at the site of the activities of such licensee described in subsection (a), and generated as an incident of sales to the United States.
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.
To thorium licensees
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.
Additional reimbursement
Determination of excess
section 2296a–2 of this titleThe Secretary shall determine as of , whether the amount authorized to be appropriated pursuant to , when considered with the $6.25 per dry short ton limit on reimbursement, exceeds the amount reimbursable to the licensees under subsection (b)(2).
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.
Byproduct location
Notwithstanding the requirement of paragraph (2)(A) that byproduct material be located at the site on , 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, § 1001106 Stat. 2946Pub. L. 104–259, § 3(a)110 Stat. 3173Pub. L. 105–388, § 11(a)112 Stat. 3484Pub. L. 106–317, § 1114 Stat. 1277Pub. L. 107–222, § 1(a)116 Stat. 1336(, , ; , , ; , , ; , , ; , , .)
Editorial Notes
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.
Amendments
Pub. L. 107–2222002—Subsec. (b)(2)(C). 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.”
Pub. L. 106–317, § 1(1)2000—Subsec. (b)(1)(B)(i). , substituted “2007” for “2002”.
Pub. L. 106–317, § 1(2)Subsec. (b)(1)(B)(ii). , substituted “incurred by a licensee after ,” for “placed in escrow not later than ,”.
Pub. L. 106–317, § 1(3)Subsec. (b)(2)(E)(i). , substituted “” for “”.
Pub. L. 105–3881998—Subsec. (b)(2)(C). substituted “$140,000,000” for “$65,000,000”.
Pub. L. 104–259, § 3(a)(1)1996—Subsec. (b)(2)(A). , substituted “$6.25” for “$5.50”.
Pub. L. 104–259, § 3(a)(2)Subsec. (b)(2)(B). , substituted “$350,000,000” for “$270,000,000”.
Pub. L. 104–259, § 3(a)(3)Subsec. (b)(2)(C). , substituted “$65,000,000” for “$40,000,000”.
Pub. L. 104–259, § 3(a)(4)Subsec. (b)(2)(E). , (5), substituted “$6.25” for “$5.50” wherever appearing.