((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 ; or
((ii)) incurred by a licensee after , 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 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.section 2296a–1 of this titleOctober 24, 19921992-10-24
((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.
((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 , 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).section 2296a–2 of this titleDecember 31, 20082008-12-31
((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 , 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).October 24, 19921992-10-24