42 U.S.C. § 2296a — Remedial action program
submitted 34 years ago by Pub. L. 102-486 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 585 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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*.
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—
determined by the Secretary to be attributable to byproduct material generated as an incident of sales to the United States; and
either—
incurred by such licensee not later than December 31, 2007; or
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:
$90,000,000 in fiscal year 2002.
$55,000,000 in fiscal year 2003.
$20,000,000 in fiscal year 2004.
$20,000,000 in fiscal year 2005.
$20,000,000 in fiscal year 2006.
$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).
Source credit: (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.)
- 1992Enacted · Pub. L. 102-486 · 106 Stat. 2946
- 1996Amended · Pub. L. 104-259 · 110 Stat. 3173
- 1998Amended · Pub. L. 105-388 · 112 Stat. 3484
- 2000Amended · Pub. L. 106-317 · 114 Stat. 1277
- 2002Amended · Pub. L. 107-222 · 116 Stat. 1336
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-486 on 1992-10-24.
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