---
kind: "section"
citation: "42 U.S.C. § 2296a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2296a"
heading: "Remedial action program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2296a"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XIX — Remedial Action and Uranium Revitalization"
  - "Part A — Remedial Action at Active Processing Sites"
---

# §2296a. Remedial action program

- (a) **In general—** Except as provided in [subsection (b)](#b), the costs of [decontamination, decommissioning, reclamation, and other remedial action](/usc/42/2296a–3.md?p=3) at an [active uranium or thorium processing site](/usc/42/2296a–3.md?p=1) shall be borne by [persons](/usc/42/2014.md?p=s) licensed under section [2092](/usc/42/2092.md) or [2111](/usc/42/2111.md) of this title for any activity at such site which results or has resulted in the production of [byproduct material](/usc/42/2014.md?p=e).
- (b) **Reimbursement—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) of Energy shall, subject to [paragraph (2)](#b-2), reimburse at least annually a licensee described in [subsection (a)](#a) for such portion of the costs described in such subsection as are—
    - (A) determined by the [Secretary](/usc/42/242q–4.md?p=2) to be attributable to [byproduct material](/usc/42/2014.md?p=e) generated as an incident of sales to the [United States](/usc/42/2014.md?p=bb); 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](/usc/42/2296a–3.md?p=3) approved by the [Secretary](/usc/42/242q–4.md?p=2).
  - (2) **Amount—**
    - (A) **To individual active site uranium licensees—** The amount of reimbursement paid to any licensee under [paragraph (1)](#b-1) shall be determined by the [Secretary](/usc/42/242q–4.md?p=2) in accordance with regulations issued pursuant to [section 2296a–1 of this title](/usc/42/2296a–1.md) and, for uranium mill tailings only, shall not exceed an amount equal to $6.25 multiplied by the dry short tons of [byproduct material](/usc/42/2014.md?p=e) located on October 24, 1992, at the site of the activities of such licensee described in [subsection (a)](#a), and generated as an incident of sales to the [United States](/usc/42/2014.md?p=bb).
    - (B) **To all active site uranium licensees—** Payments made under [paragraph (1)](#b-1) to active site uranium licensees shall not in the aggregate exceed $350,000,000.
    - (C) **To thorium licensees—** Payments made under [paragraph (1)](#b-1) to the licensee of the active thorium site shall not exceed $365,000,000, and may only be made for off-site [disposal](/usc/42/2021b.md?p=7). 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](/usc/42/242q–4.md?p=2) shall determine the appropriate index to apply.
    - (E) **Additional reimbursement—**
      - (i) **Determination of excess—** The [Secretary](/usc/42/242q–4.md?p=2) shall determine as of December 31, 2008, whether the amount authorized to be appropriated pursuant to [section 2296a–2 of this title](/usc/42/2296a–2.md), when considered with the $6.25 per dry short ton limit on reimbursement, exceeds the amount reimbursable to the licensees under [subsection (b)(2)](#b-2).
      - (ii) **In the event of excess—** If the [Secretary](/usc/42/242q–4.md?p=2) determines under [clause (i)](#b-2-E-i) that there is an excess, the [Secretary](/usc/42/242q–4.md?p=2) 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)](#b-1) exceed the $6.25 per dry short ton limitation described in [paragraph (2)](#b-2) of such subsection.
  - (3) **Byproduct location—** Notwithstanding the requirement of [paragraph (2)(A)](#b-2-A) that [byproduct material](/usc/42/2014.md?p=e) be located at the site on October 24, 1992, [byproduct material](/usc/42/2014.md?p=e) moved from the site of the Edgemont Mill to a [disposal](/usc/42/2021b.md?p=7) site as the result of the [decontamination, decommissioning, reclamation, and other remedial action](/usc/42/2296a–3.md?p=3) of such mill shall be eligible for reimbursement to the extent eligible under [paragraph (1)](#b-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.)

## Notes

### 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

2002—Subsec. (b)(2)(C). Pub. L. 107–222 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.”

2000—Subsec. (b)(1)(B)(i). Pub. L. 106–317, § 1(1), substituted “2007” for “2002”.

Subsec. (b)(1)(B)(ii). Pub. L. 106–317, § 1(2), substituted “incurred by a licensee after December 31, 2007,” for “placed in escrow not later than December 31, 2002,”.

Subsec. (b)(2)(E)(i). Pub. L. 106–317, § 1(3), substituted “December 31, 2008” for “July 31, 2005”.

1998—Subsec. (b)(2)(C). Pub. L. 105–388 substituted “$140,000,000” for “$65,000,000”.

1996—Subsec. (b)(2)(A). Pub. L. 104–259, § 3(a)(1), substituted “$6.25” for “$5.50”.

Subsec. (b)(2)(B). Pub. L. 104–259, § 3(a)(2), substituted “$350,000,000” for “$270,000,000”.

Subsec. (b)(2)(C). Pub. L. 104–259, § 3(a)(3), substituted “$65,000,000” for “$40,000,000”.

Subsec. (b)(2)(E). Pub. L. 104–259, § 3(a)(4), (5), substituted “$6.25” for “$5.50” wherever appearing.