[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Notices]
[Pages 2143-2144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-854]


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DEPARTMENT OF ENERGY


Reimbursement for Costs of Remedial Action at Active Uranium and 
Thorium Processing Sites

AGENCY: Office of Environmental Management, Department of Energy.

ACTION: Notice of the acceptance of claims and the availability of 
funds for reimbursement.

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SUMMARY: This notice announces the Department of Energy's acceptance of 
claims for reimbursement. Approximately $30 million in funds for fiscal 
year 2000 are available for reimbursement of certain costs of remedial 
action at eligible active uranium and thorium processing sites pursuant 
to Title X of the Energy Policy Act of 1992.

[[Page 2144]]

    After the payment of fiscal year 2000 funds against outstanding 
approved claims through fiscal year 1999, there will be remaining 
unpaid outstanding approved claims. Thus any approved claim amounts for 
fiscal year 2000 will be added to the outstanding balances and eligible 
for prorated payment in fiscal year 2001 based on the availability of 
funds from Congressional appropriations.
    Title X establishes additional requirements for the reimbursement 
of any costs incurred after December 31, 2002. For any such costs to be 
eligible for reimbursement, a licensee must submit a plan for 
subsequent remedial action during calendar years 2000 or 2001, and a 
plan must be approved by the Department no later than the end of 
calendar year 2002. Because of the advance planning that is part of the 
Federal budget process, licensees are encouraged to submit their plans 
for subsequent remedial action in 2000 to assure adequate time for 
review and approval.

DATES: The Department will process payments of approximately $30 
million against outstanding approved claims through fiscal year 1999 by 
April 28, 2000. The closing date for the submission of claims in fiscal 
year 2000 is May 1, 2000.

ADDRESSES: Claims should be forwarded by certified or registered mail, 
return receipt requested, to the U.S. Department of Energy, Albuquerque 
Operations Office, Environmental Restoration Division, P.O. Box 5400, 
Albuquerque, NM 87185-5400, or by express mail to the U.S. Department 
of Energy, Albuquerque Operations Office, Environmental Restoration 
Division, H and Pennsylvania Streets, Albuquerque, NM 87116. All claims 
should be addressed to the attention of Mr. James B. Coffey. Two copies 
of the claim should be included with each submission.

FOR FURTHER INFORMATION CONTACT: Messrs. James Coffey (505-845-4026) or 
Gil Maldonado (505-845-4035), U.S. Department of Energy, Albuquerque 
Operations Office, Environmental Restoration Division.

SUPPLEMENTARY INFORMATION: The Department of Energy published a final 
rule under 10 CFR part 765 in the Federal Register on May 23, 1994 (59 
FR 26714) to carry out the requirements of Title X of the Energy Policy 
Act of 1992 (sections 1001-1004 of Pub. L. 102-486, 42 U.S.C. 2296a et 
seq.) and to establish the procedures for eligible licensees to submit 
claims for reimbursement. Title X requires the Department of Energy to 
reimburse eligible uranium and thorium licensees for certain costs of 
decontamination, decommissioning, reclamation, and other remedial 
action incurred by licensees at active uranium and thorium processing 
sites to remediate byproduct material generated as an incident of sales 
to the United States Government. To be reimbursable, costs of remedial 
action must be for work which is necessary to comply with applicable 
requirements of the Uranium Mill Tailings Radiation Control Act of 1978 
(42 U.S.C. 7901 et seq.) or, where appropriate, with requirements 
established by a state pursuant to a discontinuance agreement under 
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021). Claims 
for reimbursement must be supported by reasonable documentation as 
determined by the Department of Energy in accordance with 10 CFR part 
765. Funds for reimbursement will be provided from the Uranium 
Enrichment Decontamination and Decommissioning Fund established at the 
United States Department of Treasury pursuant to section 1801 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2297g). Payment or obligation of 
funds shall be subject to the requirements of the Anti-Deficiency Act 
(31 U.S.C. 1341).

Submission and Approval of Plans for Subsequent Remedial Action

    This notice also provides a reminder of the requirements for 
eligibility for reimbursement of costs incurred after December 31, 
2002. Section 1001. (b)(1)(B)(ii) of the Energy Policy Act of 1992 
directs the Secretary of Energy to place into escrow funds for the 
reimbursement of costs incurred after December 31, 2002, in accordance 
with a plan for subsequent decontamination, decommissioning, 
reclamation, and other remedial action approved by the Secretary. Funds 
are to be placed into escrow no later than December 31, 2002.
    10 CFR 765.30 and 765.31 (59 FR 26730-26731) presents the 
Department's requirements and procedures for the submission and 
approval of plans for subsequent remedial action. Plans for subsequent 
remedial action may be submitted any time after January 1, 2000, but no 
later than December 31, 2001. Plans must be approved prior to December 
31, 2002, to be eligible for reimbursement. Fiscal year 2003, beginning 
October 1, 2002, will be the last budget year in which funds can be 
placed into escrow for the reimbursement of subsequent remedial action. 
Because the Federal budget cycle is nearly three years from the 
beginning of formulation to end of execution, the Department will have 
to develop final estimates of the total escrow requirement no later 
than early calendar year 2001. Therefore, the licensees are encouraged 
to submit their plans for subsequent remedial action to allow 
sufficient time for review and approval prior to the formulation of the 
future years' budget requests.

    Authority: Section 1001-1004 of Pub. L. 102-46, 106 Stat. 2776 
(42 U.S.C. 2296a et seq.).

    Issued in Washington, DC on this 7th day of January, 2000.
David E. Mathes,
Leader, Small Sites Closure Office, Albuquerque/Nevada Team, Office of 
Site Closure.
[FR Doc. 00-854 Filed 1-12-00; 8:45 am]
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