42 U.S.C. § 2296b — Overfeed program

Page 5560 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2296a–1 1 So in original. The comma probably should not appear. 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), sub- stituted ‘‘$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), sub- stituted ‘‘$6.25’’ for ‘‘$5.50’’ wherever appearing. § 2296a–1. Regulations Within 180 days of October 24, 1992, the Sec- retary shall issue regulations governing reim- bursement under section 2296a of this title. An active uranium or thorium processing site owner shall apply for reimbursement hereunder by submitting a request for the amount of reim- bursement, together with reasonable docu- mentation in support thereof, to the Secretary. Any such request for reimbursement, supported by reasonable documentation, shall be approved by the Secretary and reimbursement therefor shall be made in a timely manner subject only to the limitations of section 2296a of this title. (Pub. L. 102–486, title X, § 1002, Oct. 24, 1992, 106 Stat. 2947.) 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. § 2296a–2. Authorization of appropriations (a) In general There is authorized to be appropriated $715,000,000 to carry out this part. The aggregate amount authorized in the preceding sentence shall be increased annually as provided in sec- tion 2296a of this title, based upon an inflation index to be determined by the Secretary. (b) Source Funds described in subsection (a) shall be pro- vided from the Fund established under section 2297g of this title. (Pub. L. 102–486, title X, § 1003, Oct. 24, 1992, 106 Stat. 2947; Pub. L. 104–259, § 3(b), Oct. 9, 1996, 110 Stat. 3174; Pub. L. 105–388, § 11(b), Nov. 13, 1998, 112 Stat. 3485; Pub. L. 107–222, § 1(b), Aug. 21, 2002, 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 2002—Subsec. (a). Pub. L. 107–222 substituted ‘‘$715,000,000’’ for ‘‘$490,000,000’’. 1998—Subsec. (a). Pub. L. 105–388 substituted ‘‘$490,000,000’’ for ‘‘$415,000,000’’. 1996—Subsec. (a). Pub. L. 104–259 substituted ‘‘$415,000,000’’ for ‘‘$310,000,000’’. § 2296a–3. Definitions For purposes of this part: (1) The term ‘‘active uranium or thorium processing site’’ means— (A) any uranium or thorium processing site, including the mill, containing byprod- uct material for which a license (issued by the Nuclear Regulatory Commission or its predecessor agency under the Atomic En- ergy Act of 1954 [42 U.S.C. 2011 et seq.], or by a State as permitted under section 274 of such Act (42 U.S.C. 2021)) for the production at such site of any uranium or thorium de- rived from ore— (i) was in effect on January 1, 1978; (ii) was issued or renewed after January 1, 1978; or (iii) for which an application for renewal or issuance was pending on, or after Janu- ary 1, 1978; and (B) any other real property or improve- ment on such real property that is deter- mined by the Secretary or by a State as per- mitted under section 274 of the Atomic En- ergy Act of 1954 (42 U.S.C. 2021) to be— (i) in the vicinity of such site; and (ii) contaminated with residual byprod- uct material; (2) The term ‘‘byproduct material’’ has the meaning given such term in section 11 e. (2) of the Atomic Energy Act of 1954,1 (42 U.S.C. 2014(e)(2)); and (3) The term ‘‘decontamination, decommis- sioning, reclamation, and other remedial ac- tion’’ means work performed prior to or subse- quent to October 24, 1992, which is necessary to comply with all applicable requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.), or where appro- priate, with requirements established by a State that is a party to a discontinuance agreement under section 274 of the Atomic En- ergy Act of 1954 (42 U.S.C. 2021). (Pub. L. 102–486, title X, § 1004, Oct. 24, 1992, 106 Stat. 2947.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in par. (1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to this chapter (§ 2011 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Uranium Mill Tailings Radiation Control Act of 1978, referred to in par. (3), is Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, which is classified principally to chapter 88 (§ 7901 et seq.) of this title. For complete classification of this act to the Code, see Short Title note set out under section 7901 of this title and Tables. 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. PART B—URANIUM REVITALIZATION § 2296b. Overfeed program (a) Uranium purchases To the maximum extent permitted by sound business practice, the Corporation shall pur- Page 5561 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2296b–4 1 See References in Text note below. chase uranium in accordance with subsection (b) and overfeed it into the enrichment process to reduce the amount of power required to produce the enriched uranium ordered by enrichment services customers, taking into account costs associated with depleted tailings. (b) Use of domestic uranium Uranium purchased by the Corporation for purposes of this section shall be of domestic ori- gin and purchased from domestic uranium pro- ducers to the extent permitted under the multi- lateral trade agreements (as defined in section 3501(4) of title 19) and the USMCA (as defined in section 4502 of title 19). (Pub. L. 102–486, title X, § 1011, Oct. 24, 1992, 106 Stat. 2948; Pub. L. 106–36, title I, § 1002(g)(1), June 25, 1999, 113 Stat. 133; Pub. L. 116–260, div. O, title VI, § 602(e), Dec. 27, 2020, 134 Stat. 2153.) 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 2020—Subsec. (b). Pub. L. 116–260 substituted ‘‘USMCA (as defined in section 4502 of title 19)’’ for ‘‘North Amer- ican Free Trade Agreement’’. 1999—Subsec. (b). Pub. L. 106–36 substituted ‘‘multi- lateral trade agreements (as defined in section 3501(4) of title 19) and the North American Free Trade Agree- ment’’ for ‘‘General Agreement on Tariffs and Trade and the United States-Canada Free Trade Agreement’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of Title 19, Customs Duties. § 2296b–1. National Strategic Uranium Reserve There is hereby established the National Stra- tegic Uranium Reserve under the direction and control of the Secretary. The Reserve shall con- sist of natural uranium and uranium equivalents contained in stockpiles or inventories currently held by the United States for defense purposes. Effective on October 24, 1992, and for 6 years thereafter, use of the Reserve shall be restricted to military purposes and government research. Use of the Department of Energy’s stockpile of enrichment tails existing on October 24, 1992, shall be restricted to military purposes for 6 years thereafter. (Pub. L. 102–486, title X, § 1012, Oct. 24, 1992, 106 Stat. 2948.) 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. § 2296b–2. Sale of remaining DOE inventories The Secretary, after making the transfer re- quired under section 2297c–6 1 of this title, may sell, from time to time, portions of the remain- ing inventories of raw or low-enriched uranium of the Department that are not necessary to na- tional security needs, to the Corporation, at a fair market price. Sales under this section may be made only if such sales will not have a sub- stantial adverse impact on the domestic ura- nium mining industry. Proceeds from sales under this subsection shall be deposited into the general fund of the United States Treasury. (Pub. L. 102–486, title X, § 1013, Oct. 24, 1992, 106 Stat. 2949.) Editorial Notes REFERENCES IN TEXT Section 2297c–6 of this title, referred to in text, was repealed by Pub. L. 104–134, title III, § 3116(a)(1), Apr. 26, 1996, 110 Stat. 1321–349. 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. § 2296b–3. Responsibility for the industry (a) Continuing Secretarial responsibility The Secretary shall have a continuing respon- sibility for the domestic uranium industry to encourage the use of domestic uranium. The Secretary, in fulfilling this responsibility, shall not use any supervisory authority over the Cor- poration. The Secretary shall report annually to the appropriate committees of Congress on ac- tion taken with respect to the domestic ura- nium industry, including action to promote the export of domestic uranium pursuant to sub- section (b). (b) Encourage export The Department, with the cooperation of the Department of Commerce, the United States Trade Representative and other governmental organizations, shall encourage the export of do- mestic uranium. Within 180 days after October 24, 1992, the Secretary shall develop rec- ommendations and implement government pro- grams to promote the export of domestic ura- nium. (Pub. L. 102–486, title X, § 1014, Oct. 24, 1992, 106 Stat. 2949.) 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. § 2296b–4. Annual uranium purchase reports (a) In general By January 1 of each year, the owner or oper- ator of any civilian nuclear power reactor shall report to the Secretary, acting through the Ad- ministrator of the Energy Information Adminis- tration, for activities of the previous fiscal year— (1) the country of origin and the seller of any uranium or enriched uranium purchased or imported into the United States either di-