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US (United States) Code. Title 42. Chapter 24: Disposal of atomic energy communities

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-CITE-

42 USC CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

-HEAD-

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

2301. Congressional declaration of policy.

2302. Congressional findings.

2303. Purpose of chapter.

2304. Definitions.

2305. Powers of Atomic Energy Commission.

2306. Qualification to purchase.

2307. Form and contents of contracts, mortgages, and other

instruments.

2308. Conclusive evidence of compliance with chapter.

2309. Administrative review.

2310. Repossession of property; powers of Commission.

2311. Community Disposal Operations Fund.

(a) Establishment.

(b) Availability.

2312. Authorization of appropriations.

2313. Transfer of functions.

2314, 2315. Repealed.

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

2321. Lots; establishment of boundaries.

2322. Appraisal of property.

2323. Basis of appraisal.

2324. Posting of lists showing appraised value.

2325. Sales price.

(a) Government-owned single or duplex houses.

(b) Other properties.

property.

2326. Deductions from sales price.

(a) Improvements.

(b) Improvements by occupant of single family or

duplex house.

(d) Additional deduction to persons purchasing

property without benefit of indemnity

provisions.

SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND PRIORITIES

2331. Classification of property.

(a) Property within each community.

(b) Property at or in vicinity of each community.

2332. Priorities; uniformity; preferences; impairment of

rights.

2333. Transfer of priorities.

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

2341. Applicability of subchapter.

2342. Disposal of property.

(a) Property under lease or license agreement.

(b) Discretionary disposal of other real property.

2343. Sales.

(a) Notice to priority holders.

(b) Sale of property to highest bidder.

(d) Church property.

2344. Cash sales.

2345. Deeds; form and provisions.

2346. Occupancy by existing tenants.

2347. Sale of lots to lessees or individual owners.

2348. Priority sale of apartment houses.

(a) Grantees eligible; priorities; applicability of

deduction, financing and indemnity provisions.

(b) Leasing arrangements by non-participants in

apartment house sales; assumption of lessor's

obligations.

purchase.

(d) Rules and regulations.

2349. Hanford project; disposal of property.

SUBCHAPTER V - FINANCING

2361. Contract to purchase by priority purchaser.

2362. Financing by Commission.

(a) Acceptance of residential property notes.

(b) Advances.

(d) Sale of notes and mortgages.

2363. Indemnity obligation of Commission; incorporation by

reference in deed.

2364. Community employment and population.

2365. Amount of indemnity.

2366. Conditions of indemnity; purchase of property by

Commission.

SUBCHAPTER VI - UTILITIES

2371. Transfer of utilities.

2372. Date of transfer of utilities.

2373. Transfer to governmental or other legal entity;

determination of transferee.

2374. Utilities transferable.

2375. Gift of utility to city; charges and terms for

utilities transferred to other transferees.

SUBCHAPTER VII - MUNICIPALITIES

2381. Assistance in organization.

2382. Transfer of municipal installations.

2383. Date of transfer.

2384. Transfer to governmental entity or private nonprofit

organization; determination of transferee.

2385. Installations transferable.

2386. Transfer of installations without charge.

SUBCHAPTER VIII - LOCAL ASSISTANCE

2391. Assistance to governmental entities.

(a) Annual assistance payments; extensions;

determination of amount and recipient.

(b) Special interim payments.

(d) Recommendation for further assistance payments.

(e) Reduction or termination of assistance

payments; determination by Administrator of

financial self-sufficiency.

2392. Reduction of payments.

2393. Payments in anticipation of services; withholding of

payments.

2394. Contract to make payments.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5821 of this title; title

12 section 1715n.

-End-

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42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

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42 USC Sec. 2301 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2301. Congressional declaration of policy

-STATUTE-

It is declared to be the policy of the United States of America

that Government ownership and management of the communities owned

by the Atomic Energy Commission shall be terminated in an

expeditious manner which is consistent with and will not impede the

accomplishment of the purposes and programs established by the

Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]. To that end, it

is desired at each community to -

(a) facilitate the establishment of local self-government;

(b) provide for the orderly transfer to local entities of

municipal functions, municipal installations, and utilities; and

property within those communities with a minimum of dislocation.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 1, Sec. 11, 69 Stat. 472.)

-REFTEXT-

REFERENCES IN TEXT

Atomic Energy Act of 1954, referred to in text, is act Aug. 1,

1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68

Stat. 921, and amended, which is classified generally to chapter 23

(Sec. 2011 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2011 of this title and Tables.

-MISC1-

SHORT TITLE

Section 1 of act Aug. 4, 1955, provided that: "This Act [enacting

this chapter and amending section 1715n of Title 12, Banks and

Banking, and section 243 of Title 20, Education] may be cited as

the 'Atomic Energy Community Act of 1955'."

SEPARABILITY

Section 119 of act Aug. 4, 1955, provided that: "If any

provisions of this Act [see Short Title note above], or the

application of such provision to any person or circumstances, is

held invalid, the remainder of this Act or the application of such

provision to persons or circumstances other than those as to which

it is held invalid, shall not be affected thereby."

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2302 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2302. Congressional findings

-STATUTE-

The Congress of the United States makes the following findings

concerning the communities owned by the Atomic Energy Commission:

(a) The continued morale of project-connected persons is

essential to the common defense and security of the United

States.

(b) In issuing rules and regulations required or permitted

under this chapter for the disposal of the communities and in

disposing of the communities in accordance with the provisions of

this chapter and in accordance with the rules and regulations

required or permitted by this chapter, the Commission is acting

under authority delegated to it by the Congress.

of the communities and for assistance in the operation of the

communities thereafter under conditions which will provide for

the common defense and promote the general welfare.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 1, Sec. 12, 69 Stat. 472.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2303 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2303. Purpose of chapter

-STATUTE-

It is the purpose of this chapter to effectuate the policies set

forth above by providing for -

(a) the maintenance of conditions which will not impede the

recruitment and retention of personnel essential to the atomic

energy program;

(b) the obligation of the United States to contribute to the

support of municipal functions in a manner commensurate with -

(1) the fiscal problems peculiar to the communities by reason

of their construction as national defense installations, and

(2) the municipal and other burdens imposed on the

governmental or other entities at the communities by the United

States in its operations at or near the communities;

assume the obligations and privileges of local self-government;

and

(d) the encouragement of the construction of new homes at the

communities.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 1, Sec. 13, 69 Stat. 472.)

-End-

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42 USC Sec. 2304 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2304. Definitions

-STATUTE-

The intent of Congress in the definitions as given in this

section should be construed from the words or phrases used in the

definitions. As used in this chapter -

(a) The term "Commission" means the Atomic Energy Commission.

(b) The term "community" means that area at -

(1) Oak Ridge, Tennessee, designated on a map on file at the

principal office of the Commission, entitled "Minimum Geographic

Area, Oak Ridge, Tennessee", bearing the legend "Boundary Line,

Minimum Geographic Area, Oak Ridge, Tennessee" and marked

"Approved, 21 April 1955, K. D. Nichols, General Manager"; or

(2) Richland, Washington, designated on a map on file at the

principal office of the Commission, entitled "Minimum Geographic

Area, Richland, Washington", bearing the legend "Boundary Line,

Minimum Geographic Area, Richland, Washington" and marked

"Approved, 21 April 1955, K. D. Nichols, General Manager;" or

(3) Los Alamos, New Mexico, designated on a map on file at the

principal office of the Commission, entitled "Minimum Geographic

Area, Los Alamos, New Mexico," bearing the legend "Boundary Line,

Minimum Geographic Area, Los Alamos, New Mexico" and marked

"Approved, April 5, 1962, A. R. Luedecke, General Manager."

(d) The term "member of a family" means any person who, on the

first offering date, resides in the same dwelling unit with one or

more of the following relatives (including those having the same

relationship through marriage or legal adoption): spouse, father,

mother, grandfather, grandmother, brother, sister, son, daughter,

uncle, aunt, nephew, niece, or first cousin.

(e) The term "mortgage" shall include deeds of trust and such

other classes of lien as are given to secure advances on, or the

unpaid purchase price of real estate under the laws of the State in

which the real estate is located.

(f) The term "municipal installation" includes, without

limitation, schools, hospitals, police and fire protection systems,

sewerage and refuse disposal plants, water supply and distribution

installations, streets and roads, libraries, parks, playgrounds and

recreational means, municipal government buildings, other

properties suitable for municipal or comparable local public

service purposes, and any fixtures, equivalent, or other property

appropriate to the operation, maintenance or repair of the

foregoing.

(g) The term "occupant" means a person who, on the date on which

the property in question is first offered for sale, is entitled to

residential occupancy of the Government-owned house in question, or

of a family dwelling unit in such house, in accordance with a lease

or license agreement with the Commission or its property-management

contractor.

(h) The term "offering date" means the date the property in

question is offered for sale.

(i) The term "project area" means that area which on August 4,

1955, constitutes the Federal area at Oak Ridge, Tennessee, or

Hanford, Washington, or that area which, on the date Los Alamos is

included within this chapter, constitutes the County of Los Alamos,

New Mexico, excluding therefrom, however, that land which is, on

said date, under the administrative control of the National Park

Service of the Department of the Interior.

(j) The term "project-connected person" means any person who, on

the first offering date, is regularly employed at the project area

in one of the following capacities:

(1) An officer or employee of the Commission or any of its

contractors or subcontractors, or of the United States or any

agency thereof (including members of the Armed Forces), or of a

State or political subdivision or agency thereof;

(2) An officer or employee employed at a school or hospital

located in the project area;

(3) A person engaged in or employed in the project area by any

professional, commercial, or industrial enterprise occupying

premises located in the project area; or

(4) An officer or employee of any church or nonprofit

organization occupying premises located in the project area.

(k) The term "resident" means any person who, on the date on

which the property in question is first offered for sale is either

(1) an occupant in a residential unit designated for sale at

the community, or

(2) a project-connected person who is entitled, in accordance

with a lease or similar agreement, to residential occupancy of

privately owned rental housing in the community.

(l) The term "utility" means any electrical distribution system,

any natural gas distribution system, any public transportation

system, or any public communication system, and any fixtures,

equipment, or other property appropriate to the operation,

maintenance or repair of the foregoing.

(m) The terms "single" and "single family" when used in

connection with "house" or "residential property" shall include

each separate unit of a residential structure which the Commission

has classified as a residential structure containing two or more

separate single family units pursuant to section 2331(c) of this

title.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 2, Sec. 21, 69 Stat. 473; Pub. L.

87-719, Secs. 1-4, Sept. 28, 1962, 76 Stat. 664.)

-MISC1-

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-719, Sec. 1, added cl. (3).

Subsec. (i). Pub. L. 87-719, Sec. 2, included in definition of

"project area" the County of Los Alamos, New Mexico, excluding land

under administrative control of the National Park Service.

Subsec. (l). Pub. L. 87-719, Sec. 3, included in definition of

"utility" any natural gas distribution system.

Subsec. (m). Pub. L. 87-719, Sec. 4, added subsec. (m).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2305 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2305. Powers of Atomic Energy Commission

-STATUTE-

The Commission shall have all powers conferred by the Atomic

Energy Act of 1954 [42 U.S.C. 2011 et seq.], including the power to

make, promulgate, issue, rescind, and amend such rules,

regulations, and delegations as may be appropriate to carry out the

provisions of this chapter and shall be subject to the limitations

contained in chapter 14 of that Act [42 U.S.C. 2201 et seq.].

Nothing contained in this chapter shall impair the powers vested in

the Commission by the Atomic Energy Act of 1954, as amended, or any

other law.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 111, 69 Stat. 483.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, as amended, referred to in text,

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. Chapter

14 of that Act, referred to in text, is classified to subchapter

XIII (Sec. 2201 et seq.) of division A of chapter 23 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 2011 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2306 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2306. Qualification to purchase

-STATUTE-

No officer or employee of the Commission or of any other Federal

agency (including officers and members of the Armed Forces) shall

be disqualified from purchasing any property or exercising any

right or privilege under this chapter, but no such officer or

employee shall make any determination as to his own eligibility or

priority, or as to valuation, price, or terms of sale and financing

of property sold to him.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 112, 69 Stat. 483.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2307 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2307. Form and contents of contracts, mortgages, and other

instruments

-STATUTE-

Contracts entered into pursuant to this chapter and other

instruments executed pursuant to this chapter shall be in such form

and contain such provisions, consistent with this chapter, as the

Commission shall prescribe; and shall be as simple and concise as

possible. Any mortgage shall contain terms which will place the

United States in the same position, with respect to any mortgages

it may hold under the provisions of subchapter V of this chapter,

as that occupied by a private lender under the applicable State

laws for the relief of mortgagors with respect to deficiency

judgments.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 113, 69 Stat. 483.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2308 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2308. Conclusive evidence of compliance with chapter

-STATUTE-

A deed, lease, contract, or other instrument executed by or on

behalf of the Commission purporting to transfer title or any other

interest in property disposed of pursuant to this chapter shall be

conclusive evidence of compliance with the provisions of this

chapter and rules and regulations promulgated thereunder, insofar

as concerns title or other interest of any bona fide grantee or

transferee for value without notice of lack of such compliance, and

his successors in title.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 114, 69 Stat. 483.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2309 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2309. Administrative review

-STATUTE-

Determinations authorized by this chapter to be made by the

Commission as to classification, priorities, prices, and terms and

conditions of sale of property disposed under this chapter shall be

subject to review only in accordance with such provisions for

administrative review or reconsideration as the Commission may

prescribe.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 115, 69 Stat. 483.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

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42 USC Sec. 2310 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2310. Repossession of property; powers of Commission

-STATUTE-

The Commission is authorized to repossess any property sold by it

in accordance with the terms of any contract to purchase, mortgage

or other instrument, and to sell or make any other disposition of

any property so repossessed and any property purchased by it

pursuant to section 2366 of this title. Notwithstanding any other

provision of law relating to the acquisition, handling, or disposal

of real property by the United States, the Commission shall have

power to deal with, complete, operate, rent, renovate, modernize,

insure, or sell for cash or credit, in its discretion, any

properties acquired pursuant to this chapter, and to pursue to

final collection, by way of compromise or otherwise, all claims

arising pursuant to this section: Provided, That expenses

authorized by this section shall be considered nonadministrative

expenses: Provided further, That section 5 of title 41 shall not

apply to any contract entered into pursuant to this section if the

amount thereof does not exceed $1,000.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 116, 69 Stat. 483; July 25,

1956, ch. 731, Sec. 3, 70 Stat. 653.)

-MISC1-

AMENDMENTS

1956 - Act July 25, 1956, specifically enumerated powers of the

Commission in relation to properties acquired pursuant to this

chapter, authorized final collection of claims by way of compromise

or otherwise, to provide that expenses authorized by this section

shall be considered nonadministrative expenses, and excepted

contracts that do not exceed $1,000 from provisions of section 5 of

title 41.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2311 of this title.

-End-

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42 USC Sec. 2311 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2311. Community Disposal Operations Fund

-STATUTE-

(a) Establishment

There is established as of June 30, 1956, a Community Disposal

Operations Fund, and the Commission (or the head of such agency as

may be carrying out the sales and financing functions of the

Commission pursuant to a delegation by the President under section

2313 of this title) is authorized to credit said fund with all

moneys hereafter obtained or now held by it and to account under

said fund for all assets and liabilities held or acquired by it in

connection with its sales and financing functions under this

chapter, and to make temporary advances to such fund, from any

other funds available for expenses of operations of such Commission

or agency, as may be required to carry out such functions pending

the realization of sufficient proceeds under the provisions of this

chapter: Provided, That any such advances shall be repaid to the

source appropriation or fund, to the extent of any unobligated

balances available in the Community Disposal Operations Fund, prior

to the close of the fiscal year during which such advances are

made.

(b) Availability

The Community Disposal Operations Fund shall be available to pay

for all necessary costs, expenses (including administrative

expenses), losses or obligations incurred in connection with the

aforesaid functions, including expenses incident to sale, or other

transfer and any financing under section 2362 of this title,

indemnities under sections 2363 to 2366 of this title, and expenses

authorized by section 2310 of this title, and expenses in

connection with the defense and payment of any claims for breaches

of warranties and covenants of title of any property disposed of

pursuant to this chapter.

Any amount in said fund which is determined to be in excess of

requirements for the purposes thereof shall be declared and paid as

liquidating dividends to the Treasury, not less often than

annually.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 117, 69 Stat. 483; July 25,

1956, ch. 731, Sec. 4, 70 Stat. 654.)

-MISC1-

AMENDMENTS

1956 - Act July 25, 1956, amended section generally to establish

the Community Disposal Operations Fund, to provide for its

availability, and to require excess amounts to be paid as

liquidating dividends to the Treasury. Former provisions of this

section required that the net proceeds derived by the Commission

from the disposal of property pursuant to this chapter were to be

covered into the Treasury.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2312 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2312. Authorization of appropriations

-STATUTE-

(a) No appropriation shall be made to carry out the provisions

and purposes of this chapter unless previously authorized by

legislation enacted by Congress.

(b) There are authorized to be appropriated the sum of $518,000

at Oak Ridge, the sum of $2,215,000 at Richland and the sum of

$8,719,000 at Los Alamos for construction, modification, or

expansion of municipal installations and utilities authorized to be

transferred pursuant to subchapters VI and VII of this chapter.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 118, 69 Stat. 484; July 25,

1956, ch. 731, Secs. 5, 6, 70 Stat. 654; Pub. L. 87-719, Sec. 24,

Sept. 28, 1962, 76 Stat. 666; Pub. L. 90-190, Sec. 4, Dec. 14,

1967, 81 Stat. 576.)

-MISC1-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-190 substituted provisions

prohibiting making of appropriations to carry out provisions and

purposes of this chapter unless previously authorized by

legislation enacted by Congress for provisions granting authority

to appropriate such sums as may be necessary and appropriate to

carry out provisions and purposes of this chapter.

1962 - Subsec. (b). Pub. L. 87-719 authorized an appropriation of

$8,719,000 at Los Alamos and use of appropriations for utilities.

1956 - Subsec. (b). Act July 25, 1956, Sec. 6, substituted

"$2,215,000" for "$2,165,000".

Subsec. (c). Act July 25, 1956, Sec. 5, repealed subsec. (c)

which appropriated funds derived from disposal of property to pay

any costs, losses, expenses, or obligations incurred by Commission.

See section 2311(b) of this title.

-End-

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42 USC Sec. 2313 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2313. Transfer of functions

-STATUTE-

The President is authorized to delegate the duties and

responsibilities placed on the Commission by this chapter to such

other agencies of the United States Government as are reasonably

qualified to perform those duties and responsibilities. The

President may delegate any or all of the duties and

responsibilities of the Commission in the operation of the

communities to such other agencies of the United States Government

that are reasonably qualified to perform those duties and

responsibilities. The Commission shall retain no financing duties

and responsibilities.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 10, Sec. 101, 69 Stat. 482.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-EXEC-

EXECUTIVE ORDER NO. 10657

Ex. Ord. No. 10657, eff. Feb. 14, 1956, 21 F.R. 1063, as amended

by Ex. Ord. No. 10734, eff. Oct. 17, 1957, 22 F.R. 8275; Ex. Ord.

No. 11105, eff. Apr. 18, 1963, 28 F.R. 3909, which related to the

transfer of certain functions of the Atomic Energy Commission under

this chapter to the Housing and Home Finance Administrator, was

revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EXECUTIVE ORDER NO. 11105

Ex. Ord. No. 11105, eff. Apr. 18, 1963, 28 F.R. 3909, which

provided for the transfer of certain functions of the Atomic Energy

Commission under this chapter to the Housing and Home Finance

Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51

F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2311 of this title.

-End-

-CITE-

42 USC Sec. 2314 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2314. Repealed. Pub. L. 93-608, Sec. 1(22), Jan. 2, 1975, 88

Stat. 1970

-MISC1-

Section, act Aug. 4, 1955, ch. 543, ch. 10, Sec. 102, 69 Stat.

483, required a triennial report to the Joint Committee on Atomic

Energy by the Commission reviewing its activities under this

chapter.

-End-

-CITE-

42 USC Sec. 2315 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2315. Repealed. Aug. 1, 1946, ch. 724, title I, Sec. 302(b),

as added Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept. 20,

1977, Pub. L. 95-110, Sec. 1, 91 Stat. 884; renumbered title I,

Oct. 24, 1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106

Stat. 2944

-MISC1-

Section, act Aug. 4, 1955, ch. 543, ch. 10, Sec. 103, 69 Stat.

483, provided that sections 2251 to 2257 of this title were

applicable to all matters coming under this chapter.

-End-

-CITE-

42 USC SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-End-

-CITE-

42 USC Sec. 2321 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

Sec. 2321. Lots; establishment of boundaries

-STATUTE-

The Commission is authorized to plat each community immediately

upon passage of this chapter, or immediately upon the inclusion of

the community within the provisions of this chapter. The Commission

may establish lot boundaries, and realine, divide, or enlarge

existing tracts as it deems appropriate.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 3, Sec. 31, 69 Stat. 474.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2345 of this title.

-End-

-CITE-

42 USC Sec. 2322 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

Sec. 2322. Appraisal of property

-STATUTE-

The Commission shall proceed to secure appraisals of all property

at the community which is to be sold pursuant to this chapter. The

appraisals shall be made by the Secretary of Housing and Urban

Development or his designee. The Secretary of Housing and Urban

Development shall be reimbursed from the Community Disposal

Operations Fund for the cost of such appraisals. Appraisals made

under this section shall be the appraisals on which the Secretary

of Housing and Urban Development may insure any mortgage or loan

under the National Housing Act [12 U.S.C. 1701 et seq.] until such

time as he finds that the appraisal values generally in the

community no longer represent the fair market values of the

properties.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 3, Sec. 32, 69 Stat. 474; Pub. L.

87-719, Sec. 5, Sept. 28, 1962, 76 Stat. 664; Pub. L. 90-19, Sec.

11, May 25, 1967, 81 Stat. 23.)

-REFTEXT-

REFERENCES IN TEXT

The National Housing Act, referred to in text, is act June 27,

1934, ch. 847, 48 Stat. 1246, as amended, which is classified

principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks

and Banking. For complete classification of this Act to the Code,

see section 1701 of Title 12 and Tables.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban

Development" for "Federal Housing Commissioner" wherever appearing.

1962 - Pub. L. 87-719 substituted "The Federal Housing

Commissioner shall be reimbursed from the Community Disposal

Operations Fund for the cost of such appraisals" for "The

Commission shall reimburse the Federal Housing Commissioner for the

cost of such appraisals".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2326 of this title.

-End-

-CITE-

42 USC Sec. 2323 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

Sec. 2323. Basis of appraisal

-STATUTE-

Except for lots sold pursuant to the provisions of section

2347(a) of this title, the appraised value shall be the current

fair market value of the Government's interest in the property.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 3, Sec. 33, 69 Stat. 474.)

-End-

-CITE-

42 USC Sec. 2324 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

Sec. 2324. Posting of lists showing appraised value

-STATUTE-

Lists showing the appraised value of each parcel of property to

be offered for sale to priority purchasers shall, prior to the

offering of such property for sale, be made available for public

inspection, at reasonable times, at the offices of the Commission

at the community.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 3, Sec. 34, 69 Stat. 474.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2325 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

Sec. 2325. Sales price

-STATUTE-

(a) Government-owned single or duplex houses

In the sale to priority purchasers of properties on which are

located Government-owned single or duplex houses, the sales price

shall be the appraised value less a deduction of 15 per centum of

the appraised value and less the deductions provided by section

2326 of this title.

(b) Other properties

In all other cases the sales price to priority purchasers shall

be the appraised value less the deductions provided by section 2326

of this title, except that sales made under sections 2343(b) and

2343(c) of this title shall be made at the prices set forth

therein.

The appraised value of the Government's interest in commercial

property shall, in the cases where renegotiation of the lease is

requested by the lessee under the provisions of section 2201(e) of

this title be based upon the renegotiated lease if any is agreed

on. Where such renegotiations are requested, the sales proceedings

shall not be initiated until the completion of the renegotiation.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 3, Sec. 35, 69 Stat. 474; Pub. L.

85-162, title II, Sec. 202, Aug. 21, 1957, 71 Stat. 410.)

-MISC1-

AMENDMENTS

1957 - Subsec. (c). Pub. L. 85-162 added subsec. (c).

REPORT WITH RESPECT TO RENEGOTIATIONS, REAPPRAISALS, AND SALES

PROCEEDINGS

Atomic Energy Commission, Federal Housing Administration, and

Housing and Home Finance Agency required to report to Joint

Committee by Jan. 31, 1958, with respect to renegotiations,

reappraisals, and sales proceedings authorized under subsec. (c) of

this section, see section 203 of Pub. L. 85-162.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2348 of this title.

-End-

-CITE-

42 USC Sec. 2326 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER II - LOTS, APPRAISALS, AND PRICES

-HEAD-

Sec. 2326. Deductions from sales price

-STATUTE-

(a) Improvements

In addition to any other deduction which may be permitted from

the sales price for property, there shall, upon application by the

prospective purchaser, be deducted the amount by which the current

fair market value of the Government's interest in the premises is

enhanced as a result of improvements to the premises made by, or at

the expense of, the prospective purchaser: Provided, That, with

reference to commercial property, the improvement credit allowed

shall be the value of the enhancement of the Government's interest

in the property, as determined by the Commission on the basis of

the appraisal provided for under section 2322 of this title:

Provided further, That such credit shall be reduced to the extent

that lessee has been previously compensated therefor, as determined

by the Commission, under the terms of the lease or otherwise.

(b) Improvements by occupant of single family or duplex house

An occupant of a single family or duplex house shall, upon

application therefor, be entitled to a credit, against the purchase

price of any residential property purchased through the exercise of

a priority right established under the provisions of section 2332

of this title, for the amount by which the current fair market

value of the Government's interest in the single family or duplex

house of which he was an occupant is enhanced as a result of

improvements to the premises of such single family or duplex house

made by, or at the expense of, such occupant.

The value of the improvements as specified in subsections (a) and

(b) of this section shall be determined in accordance with the

provisions of section 2322 of this title.

(d) Additional deduction to persons purchasing property without

benefit of indemnity provisions

Persons purchasing property pursuant to the provisions of section

2342 of this title, who do not desire to avail themselves of the

indemnity provisions contained in sections 2363 to 2366 of this

title, shall be entitled to an additional deduction of 10 per

centum of the appraised value of the property in addition to any

other deduction set forth in this section.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 3, Sec. 36, 69 Stat. 474; July 25,

1956, ch. 731, Sec. 1, 70 Stat. 653; Pub. L. 87-719, Sec. 6, Sept.

28, 1962, 76 Stat. 664.)

-MISC1-

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-719 substituted authorization of a

credit for improvements by occupant of single family or duplex

house for such improvements by junior occupant of duplex house.

1956 - Subsec. (a). Act July 25, 1956, authorized an improvement

credit for commercial property.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2325, 2348, 2363 of this

title.

-End-

-CITE-

42 USC SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND

PRIORITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND PRIORITIES

-HEAD-

SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND PRIORITIES

-End-

-CITE-

42 USC Sec. 2331 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND PRIORITIES

-HEAD-

Sec. 2331. Classification of property

-STATUTE-

(a) Property within each community

Immediately upon passage of this chapter, or, in the case of Los

Alamos, upon its inclusion within this chapter, the Commission

shall classify all real property (including such improvements and

such fixtures, equipment and other personal property incident

thereto as it may deem appropriate) within each community in

accordance with such classifications as shall insure reasonably

similar treatment for reasonably similar property. The

classification shall be made by such procedures, consistent with

this subchapter, as it shall determine.

(b) Property at or in vicinity of each community

The Commission may, but shall not be required to, classify any

other real property at or in the vicinity of the community, whether

within or outside of that community.

Prior to the date any residential property is first offered for

sale at Los Alamos, the Commission shall further classify each

residential structure within the community of Los Alamos either as

a single family house, a duplex house, an apartment house, a

dormitory, or as a residential structure containing two or more

separate single family units and shall post, at the offices of the

Commission at Los Alamos, a list, available for public inspection

at reasonable times, showing the classification of each such

residential structure. For the purposes of this chapter, each such

residential structure will thereafter be deemed to be a single

family house, a duplex house, an apartment house, a dormitory, or a

residential structure containing two or more separate single family

units in accordance with its classification. In determining the

classification of each such residential structure containing two or

more single family units, the Commission shall consider (1) the

practicability of selling separately the single family units, and

(2) the insurability of mortgages under section 1715n(a) of title

12.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 4, Sec. 41, 69 Stat. 475; Pub. L.

87-719, Secs. 7, 8, Sept. 28, 1962, 76 Stat. 664.)

-MISC1-

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-719, Sec. 7, inserted ", or, in

the case of Los Alamos, upon its inclusion within this chapter"

after "chapter".

Subsec. (c). Pub. L. 87-719, Sec. 8, added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2343 of this title.

-End-

-CITE-

42 USC Sec. 2332 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND PRIORITIES

-HEAD-

Sec. 2332. Priorities; uniformity; preferences; impairment of

rights

-STATUTE-

The Commission shall establish, by rule or regulation, a detailed

system of reasonable and fair priority rights applicable to the

sale of Government-owned property to private purchasers at each

community. The priorities shall -

(a) be uniform in each class or subclass of property;

(b) give such preference to occupants and project-connected

persons and to incoming employees of the Commission, of a

contractor, or of a licensee as the Commission finds necessary or

desirable, giving due consideration to the following factors:

(1) The retention and recruitment of personnel essential to

the atomic energy program;

(2) The minimization of dislocations within the community;

(3) The expeditious accomplishment of the disposal program;

and

(4) The desirability of encouraging private firms to locate

or remain in the community;

house, and the senior occupant of a duplex house, at least ninety

days in which to exercise the first right of priority;

(d) permit persons who have formerly been occupants,

project-connected persons, or inhabitants of the community, upon

application therefor, to have such priority as the Commission

finds to be fair and equitable; and

(e) not impair any rights, including purchase rights, conferred

by existing leases and covenants.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 4, Sec. 42, 69 Stat. 475.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2326 of this title.

-End-

-CITE-

42 USC Sec. 2333 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER III - CLASSIFICATION OF PROPERTY AND PRIORITIES

-HEAD-

Sec. 2333. Transfer of priorities

-STATUTE-

No priority shall be transferable, except -

(a) a husband and wife may exercise a priority in their joint

names;

(b) a religious organization may exercise the priority which

would otherwise belong to its priest, minister, or rabbi,

regardless of whether that position happens to be filled at the

time of the exercise of the priority;

building or location may assign their interests to a single

assignee; and

(d) the Commission may permit such other transfers as it finds

to be fair and equitable.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 4, Sec. 43, 69 Stat. 476.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2348 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2362 of this title.

-End-

-CITE-

42 USC Sec. 2341 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2341. Applicability of subchapter

-STATUTE-

The provisions of this subchapter shall be made applicable at

each community as soon as the Commission makes a finding in writing

that there is a reasonable possibility that the Government-owned

real property at such community can be disposed of in accordance

with the provisions of this subchapter.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 51, 69 Stat. 476.)

-End-

-CITE-

42 USC Sec. 2342 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2342. Disposal of property

-STATUTE-

(a) Property under lease or license agreement

The Commission shall offer for disposal all real property

(including such improvements thereon and such fixtures, equipment,

and other personal property incident thereto as it may deem

appropriate) within the community which is presently under lease or

license agreement with the Commission or its community management

contractor for residential, commercial or industrial, agricultural,

church or other nonprofit use, or which, in the opinion of the

Commission, is appropriate for such use, other than -

(1) structures which in the opinion of the Commission should be

removed from the community because of their unsatisfactory type

of construction, condition, or location; or

(2) property which in the opinion of the Commission should be

transferred pursuant to subchapters VI or VII of this chapter; or

(3) property which in the opinion of the Commission should be

retained by the Commission for its own use.

(b) Discretionary disposal of other real property

The Commission may, but shall not be required to, dispose of any

other real property at the community, whether within or outside of

that community.

Such property shall be disposed of on such terms and conditions,

consistent with this subchapter, as the Commission shall prescribe

in the national interest, and without regard to any preferences or

priorities whatever except those provided for pursuant to this

chapter. Transfers by the Commission of such property shall not

impair rights under existing leases and covenants, including any

purchase rights therein conferred.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 52, 69 Stat. 476; Pub. L.

87-719, Sec. 9, Sept. 28, 1962, 76 Stat. 665.)

-MISC1-

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-719 added cl. (3).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2326, 2343, 2345 of this

title.

-End-

-CITE-

42 USC Sec. 2343 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2343. Sales

-STATUTE-

(a) Notice to priority holders

Where rights of priority have been granted pursuant to the

provisions of this chapter to Government-owned property, it shall

be offered for sale to priority purchaser by giving notice to those

eligible for such priority. Such notice shall (1) be in such manner

as the Commission shall prescribe, (2) identify the property to be

sold, and (3) state the terms and conditions of sale and the date

of the offer which, in the case of occupants of single family or

duplex houses, shall expire not less than ninety days after the

date of the offer.

(b) Sale of property to highest bidder

Any property (other than church property) classified for sale

under section 2331 of this title and offered for sale under section

2342 of this title, as to which no priority right has been

conferred, or as to which all priority rights have expired, shall

be advertised for sale to the highest bidder, subject to the right

of the Commission to reject any or all bids. No bid shall be

accepted which is below the appraised value or, in the case of

Government-owned single and duplex houses is below 85 per centum of

the appraised value.

As to any property which has not been sold under subsection (b)

of this section within ninety days after the first advertisement

for sale under such subsection the Commission may make such

disposition, on such terms and conditions, as it may deem

appropriate.

(d) Church property

Property for use of churches, in respect of which all priority

rights have expired, may be disposed of by advertising and

competitive bid, or by negotiated sale or other transfer at such

prices, terms, and conditions as the Commission shall determine to

be fair and equitable.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 53, 69 Stat. 476; Pub. L.

87-174, Aug. 30, 1961, 75 Stat. 409; Pub. L. 87-719, Secs. 10, 11,

Sept. 28, 1962, 76 Stat. 665.)

-MISC1-

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-719, Sec. 10, struck out ", and

also subject to the right of an occupant of a Government-owned

single family or duplex house to buy such house by paying an amount

equal to the highest bid" after "bids" in first sentence.

Subsec. (c). Pub. L. 87-719, Sec. 11, struck out ", but the

Commission shall give an occupant of a Government-owned single

family or duplex house such further opportunity to purchase such

house as shall be fair and equitable".

1961 - Subsec. (c). Pub. L. 87-174 substituted "ninety days" for

"one year".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2325 of this title.

-End-

-CITE-

42 USC Sec. 2344 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2344. Cash sales

-STATUTE-

All sales shall be for cash, and the buyer shall arrange for the

necessary financing, except as provided in subchapter V of this

chapter.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 54, 69 Stat. 477.)

-End-

-CITE-

42 USC Sec. 2345 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2345. Deeds; form and provisions

-STATUTE-

Deeds executed in connection with the disposal of property

pursuant to the provisions of this chapter -

(a) shall be as simple as the Commission shall find to be

appropriate, and may contain such warranties or covenants of

title and other provisions (including any indemnity) as the

Commission may deem appropriate;

(b) with respect to any dormitories or apartment houses and any

property used or to be used for construction of housing

developments for rental purposes, may retain or acquire such

rights to the Commission to designate the future occupants of

part or all of such properties as it may deem appropriate to

insure the availability of housing for employees of the

Commission and its contractors;

assigns shall compensate the Commission for any municipal

services provided by the Commission at rates which will not be in

excess of the average tax for such services in the immediate

vicinity of the community; and any amounts due and unpaid for

such compensation (together with interest and costs thereon)

shall, as of the date on which such amounts become delinquent, be

a lien in favor of the United States upon the premises sold by

the Commission, though not valid as against any mortgagee,

pledgee, purchaser, or judgment creditor until notice thereof has

been filed in accordance with the laws of the State in which the

property is situated or in the office of the clerk of the United

States district court for the judicial district in which the

property subject to the lien is situated, if such State has not

by law provided for the filing of such notice;

(d) in transferring any property pursuant to sections 2321 and

2342 of this title, may impose such restrictions and requirements

relating to the use of the premises and to public health and

safety, as the Commission may deem appropriate, which

restrictions and requirements shall not be valid beyond one year

after the incorporation of the city at the community or after

June 30, 1966, in the case of Los Alamos; and

(e) may require that any payments in lieu of property taxes or

assessments for local improvements made by the Commission with

respect to the property shall be equitably prorated.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 55, 69 Stat. 477; Pub. L.

87-719, Sec. 12, Sept. 28, 1962, 76 Stat. 665.)

-MISC1-

AMENDMENTS

1962 - Subsec. (d). Pub. L. 87-719 inserted "or after June 30,

1966, in the case of Los Alamos" after "community".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2346 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2346. Occupancy by existing tenants

-STATUTE-

Upon application by any occupant of a single or duplex house made

within the period of the first priority when such house is first

offered for sale under this chapter, the Commission shall execute a

lease to such occupant for a period not to exceed one year from the

date on which such property is first offered for sale, or for such

period as he remains a project-connected person, whichever is

shorter. In selling any house with respect to which a lease

executed under this section is in effect, the Commission may

provide that the purchaser shall assume any or all obligations of

the lessor, but the Commission shall guarantee the lessee's

performance under the terms of the lease.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 56, 69 Stat. 478.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2347 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2347. Sale of lots to lessees or individual owners

-STATUTE-

(a) Notwithstanding any other provision of this chapter, the

Commission is authorized, immediately upon passage of this chapter,

or immediately upon the inclusion of the community within the

provisions of this chapter, to offer for sale to the lessees single

residential lots, which were leased by competitive bid and which do

not have a Government-owned building thereon, at a price equal to

the initial valuation of the lot as stated in the lease.

(b) The Commission is authorized to offer for sale, as soon as

possible, other lots, to individual owners, upon which single

family or duplex houses may be erected, taking into consideration

the zoning restrictions the new city is likely to enact with

respect to those lots. The zoning restrictions to be taken into

account at Los Alamos shall be those which the local government is

likely to enact with respect to those lots.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 57, 69 Stat. 478; Pub. L.

87-719, Sec. 13, Sept. 28, 1962, 76 Stat. 665.)

-MISC1-

AMENDMENTS

1962 - Subsec. (b). Pub. L. 87-719 inserted provision that zoning

restrictions to be taken into account at Los Alamos shall be those

which the local government is likely to enact with respect to those

lots.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2322 of this title.

-End-

-CITE-

42 USC Sec. 2348 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2348. Priority sale of apartment houses

-STATUTE-

(a) Grantees eligible; priorities; applicability of deduction,

financing and indemnity provisions

The Commission is authorized at Los Alamos to grant to occupants

project-connected persons, and persons residing in the community

both at the time of offering of an apartment house for sale and for

the preceding six months, and to any of the foregoing persons

acting together, such priority interests and priority rights for

the purchase of the apartment house as the Commission determines to

be fair and reasonable: Provided, That a first priority right to

purchase may be granted only to an occupant or a group of

occupants, or an assignee (whose membership or ownership is

composed of occupants, or project-connected persons, or persons

residing in the community both at the time of offering of an

apartment house for sale and for the preceding six months, or any

of the foregoing persons) of the priority interests of such

occupants, who or which has obtained the priority interest of at

least 60 per centum of the occupants of the apartment house:

Provided further, That a second priority right to purchase may be

granted only to an entity whose membership or ownership consists of

occupants, or project-connected persons, or persons residing in the

community both at the time of offering of an apartment house for

sale and for the preceding six months, or any of the foregoing

persons (provided that such entity has obtained the priority

interest of at least one occupant), and whose membership or

ownership equals in number, and occupies or agrees to occupy, at

least 70 per centum of the housing units in the apartment house.

The 15 per centum deduction specified by section 2325(a) of this

title, the deduction provided by section 2326(d) of this title, the

financing provisions of section 2362 of this title, and the

indemnity provided by sections 2363 to 2366 of this title shall be

applicable to such priority sales of apartment houses. Priority

interests granted by the Commission under this section shall be

transferable as the Commission may by rule or regulation prescribe,

but no priority right to purchase shall be transferred except as

provided by section 2333 of this title.

(b) Leasing arrangements by non-participants in apartment house

sales; assumption of lessor's obligations

Any occupant who does not participate in the purchase of an

apartment house with respect to which a priority right to purchase

has been granted shall be entitled, at the time of sale by the

Commission, to a lease for occupancy of his housing unit for a

period not to exceed fifteen months from the date the property was

first offered for sale: Provided, That the occupant makes

application for such a lease within 30 days of the grant of such

priority to purchase. In selling any apartment house with respect

to which lease executed under this section is in effect, the

Commission is authorized to provide for the purchaser to assume any

or all obligations of the lessor. The Commission in such event

shall guarantee the lessee's performance of the lease.

Persons who have purchased, either individually or jointly with

other persons, a single-family house or duplex house (or a

single-family unit in a duplex house) at Los Alamos pursuant to a

priority right under this chapter shall not be eligible to

participate in the priority purchase of an apartment house.

(d) Rules and regulations

The Commission is authorized to prescribe by rule or regulation

such other conditions as it may find necessary or desirable for

qualification of priority interests and rights for the purchase of

an apartment house.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 5, Sec. 58, as added Pub. L. 87-719,

Sec. 14, Sept. 28, 1962, 76 Stat. 665; amended Pub. L. 90-190, Sec.

1, Dec. 14, 1967, 81 Stat. 575.)

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-190 redesignated existing provisions as subsec.

(a), inserted reference to Los Alamos, increased the types of

grantees eligible to purchase apartment houses from cooperatives,

the entire membership of which is restricted to project-connected

persons, inserted provisos which altered the priority right to

purchase such apartment houses so as to create a first priority and

second priority in lieu of the provision that the priority with

respect to each cooperative shall terminate within such time as the

Commission may prescribe if the cooperative has not obtained 100

per centum initial membership consisting of project-connected

persons, struck out definition of "cooperative" as used in this

section as a corporation or a trust of the character described in

section 1715e(a)(1) of title 12, and added subsecs. (b) to (d).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2349 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER IV - SALES OF PROPERTY FOR PRIVATE USE

-HEAD-

Sec. 2349. Hanford project; disposal of property

-STATUTE-

In addition to any other authority the Commission may have, the

Commission is authorized, without regard to the provisions of

section 5 of title 41, to lease land, and to sell, lease, including

leases with options to purchase, and otherwise dispose of

improvements thereon, and such equipment and other personal

property as is determined to be directly related thereto, in the

Commission's Hanford project in and near Richland, Washington, upon

a determination by the Commission that such disposition will serve

to prevent or reduce the adverse economic impact of actual or

anticipated reductions in Commission programs in that area:

Provided, however, That the compensation to the Government for any

such disposition shall be the estimated fair market value or

estimated fair rental value of the property as determined by the

Commission: Provided further, That before the Commission makes any

disposition of property under the authority of this section, the

basis for the proposed disposition (with necessary background and

explanatory data) shall be submitted to the Committee on Energy and

Natural Resources of the Senate and the Committee on Energy and

Commerce of the House of Representatives, and a period of

forty-five days shall elapse while Congress is in session (in

computing such forty-five-days, there shall be excluded the days on

which either House is not in session because of adjournment of more

than three days): Provided, however, That those Committees, after

having received the basis for the proposed disposition, may by

resolution in writing waive the conditions of, or all or any

portion of, such forty-five-day period.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 11, Sec. 120, as added Pub. L. 88-394,

Sec. 4, Aug. 1, 1964, 78 Stat. 376; amended Pub. L. 103-437, Sec.

15(i), Nov. 2, 1994, 108 Stat. 4593.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "submitted to the Committee on

Energy and Natural Resources of the Senate and the Committee on

Energy and Commerce of the House of Representatives" for "submitted

to the Joint Committee on Atomic Energy" and "That those

Committees" for "That the Joint Committee on Atomic Energy".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC SUBCHAPTER V - FINANCING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

SUBCHAPTER V - FINANCING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2307, 2344 of this

title.

-End-

-CITE-

42 USC Sec. 2361 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

Sec. 2361. Contract to purchase by priority purchaser

-STATUTE-

The Commission may, in the sale of any single-family or duplex

house to a priority purchaser, enter into a contract to purchase

which provides that the purchaser shall conclude his purchase

within not more than three years after the date the contract is

entered into. Such contracts to purchase shall provide for such

periodic payments, including payments on account of principal,

interest, or tax equivalents, as the Commission shall prescribe.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 6, Sec. 61, 69 Stat. 478.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2362 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

Sec. 2362. Financing by Commission

-STATUTE-

(a) Acceptance of residential property notes

In the event that the Commission finds that financing on

reasonable terms is not available from other sources, the

Commission may, in order to facilitate the sale of residential

property under subchapter IV of this chapter, accept, in partial

payment of the purchase price of any such property notes secured by

first mortgages on such terms and conditions as the Commission

shall deem appropriate. In the case of houses and apartment

buildings, the maturity and percentage of appraised value in

connection with such notes and mortgages shall not exceed those

prescribed under section 1715n(a) of title 12, and the interest

rate shall equal the interest rate plus the premium being charged

(and any periodic service charge being authorized by the Secretary

of Housing and Urban Development for properties of similar

character) under section 1715n(a) of title 12, at the effective

date of such notes and mortgages.

(b) Advances

In connection with the sale of residential property financed

under subsection (a) of this section, the Commission is authorized

to make advances for necessary repairs, or for the rehabilitation,

modernization, rebuilding or enlargement of single and duplex

residential properties to priority purchasers, and to include such

advances in the amount of the note secured by the mortgage on such

property.

In the event that the Commission finds that financing on

reasonable terms is not available from other sources, the

Commission may, in order to facilitate the sale of commercial

property under subchapter IV of this chapter, accept, in partial

payment of the purchase price of any commercial property notes

secured by first mortgages on such terms and conditions as the

Commission shall deem appropriate.

(d) Sale of notes and mortgages

The Commission may sell any notes and mortgages acquired under

subsections (a) and (c) of this section on terms set by the

Commission. Notwithstanding any other provisions of law and without

regard to the provisions of section 5 of title 41, the Commission

may, in accordance with such terms and conditions as it may

prescribe, (1) enter into contracts for servicing any of the notes

and mortgages it has acquired, and (2) sell or enter into contracts

to sell to a servicer any notes and mortgages with respect to which

a servicing contract has been entered into by the servicer with the

Commission: Provided, That with respect to sales of notes and

mortgages under (2) the Commission shall comply with section 5 of

title 41 unless it determines that such compliance would not be

feasible.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 6, Sec. 62, 69 Stat. 478; July 25,

1956, ch. 731, Sec. 2, 70 Stat. 653; Pub. L. 87-719, Secs. 15, 16,

Sept. 28, 1962, 76 Stat. 665; Pub. L. 90-19, Sec. 11, May 25, 1967,

81 Stat. 23.)

-MISC1-

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-19 substituted "Secretary of

Housing and Urban Development" for "Federal Housing Commissioner".

1962 - Subsec. (a). Pub. L. 87-719, Sec. 15, substituted "such

property" for "house, apartment building, or dormitory".

Subsec. (d). Pub. L. 87-719, Sec. 16, inserted provisions

respecting servicing contracts and compliance with advertising

requirements for public purchases when feasible.

1956 - Subsec. (a). Act July 25, 1956, reenacted subsec. (a)

without change.

Subsecs. (b), (c). Act July 25, 1956, added subsecs. (b) and (c)

and redesignated former subsec. (b) as (d).

Subsec. (d). Act July 25, 1956, redesignated former subsec. (b)

as (d) and included notes and mortgages acquired under subsec. (c)

of this section.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2311, 2348 of this title.

-End-

-CITE-

42 USC Sec. 2363 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

Sec. 2363. Indemnity obligation of Commission; incorporation by

reference in deed

-STATUTE-

For a period of not more than fifteen years after August 4, 1955,

or, in the case of Los Alamos, not more than fifteen years after

the date it is included within this chapter, the Commission shall

indemnify the purchaser (except a purchaser taking advantage of the

provisions of section 2326(d) of this title), and any successor in

title, of any such single family or duplex house as set forth in

this subchapter. This indemnity shall be deemed to be incorporated

in the deeds given on the sale of Government-owned houses. One

person may not invoke the indemnity in respect of more than one

house.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 6, Sec. 63, 69 Stat. 479; Pub. L.

87-719, Sec. 17, Sept. 28, 1962, 76 Stat. 666.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-719 inserted "or, in the case of Los Alamos,

not more than fifteen years after the date it is included within

this chapter" after "August 4, 1955,".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2311, 2326, 2348, 2364,

2365, 2366 of this title.

-End-

-CITE-

42 USC Sec. 2364 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

Sec. 2364. Community employment and population

-STATUTE-

The indemnity obligation specified in section 2363 of this title

shall arise only if, for the six months just preceding the date on

which it is invoked -

(a) the total number of operating, maintenance, and

administrative employees in the project area, as determined by

the Commission, has been less than fourteen thousand three

hundred and thirty-seven in the case of Oak Ridge or seven

thousand six hundred and twenty-two in the case of Richland or

four thousand six hundred and twenty in the case of Los Alamos;

and

(b) the population in the community has been less than

twenty-nine thousand two hundred and fifty in the case of Oak

Ridge or twenty-five thousand two hundred in the case of Richland

or eleven thousand seven hundred and sixty-nine in the case of

Los Alamos.

For purposes of this section employment shall be determined on the

basis of the pay period or periods ending nearest the 15th of each

month.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 6, Sec. 64, 69 Stat. 479; Pub. L.

87-719, Secs. 18, 19, Sept. 28, 1962, 76 Stat. 666.)

-MISC1-

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-719, Sec. 18, inserted "or four

thousand six hundred and twenty in the case of Los Alamos" after

"Richland".

Subsec. (b). Pub. L. 87-719, Sec. 19, inserted "or eleven

thousand seven hundred and sixty-nine in the case of Los Alamos"

after "Richland".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2311, 2326, 2348, 2366 of

this title.

-End-

-CITE-

42 USC Sec. 2365 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

Sec. 2365. Amount of indemnity

-STATUTE-

The indemnity obligation of the Commission specified in section

2363 of this title shall be for such amount, less the sales price

of the property, as would have remained unpaid under a loan entered

into on the date of the execution of the original deed by the

Commission -

(1) which was in the amount of the purchase price from the

Commission and provided for equal monthly payments of principal

and interest over a period of twenty years computed on the basis

of the average interest and other charges recorded for property

of the same class at the community; and

(2) on which all payments due to the date when notice was

received by the Commission had been made.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 6, Sec. 65, 69 Stat. 479.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2311, 2326, 2348, 2366 of

this title.

-End-

-CITE-

42 USC Sec. 2366 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER V - FINANCING

-HEAD-

Sec. 2366. Conditions of indemnity; purchase of property by

Commission

-STATUTE-

The Commission shall make the indemnity payment specified by

section 2365 of this title only if the Commission receives a notice

from the then owner of the property that he is about to sell the

property for a sum less than the unpaid balance of the real or

hypothetical loan calculated pursuant to such section. Such payment

shall be made only if -

(a) notice is given to the Commission at a time when the

conditions of section 2364 of this title are satisfied;

(b) the sale is made within such time as the Commission may

prescribe and in a manner which the Commission determined to

afford adequate assurance of a fair price without excessive

costs; and

such opportunity to become a purchaser as it shall prescribe.

In such circumstances the Commission is authorized to purchase the

property. Sales pursuant to this section and payment by the

Commission of such amount, if any, as is owing pursuant to sections

2363 to 2366 of this title shall end the obligation of the

Commission under sections 2363 to 2366 of this title with respect

to that property.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 6, Sec. 66, 69 Stat. 479.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2310, 2311, 2326, 2348 of

this title.

-End-

-CITE-

42 USC SUBCHAPTER VI - UTILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VI - UTILITIES

-HEAD-

SUBCHAPTER VI - UTILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2312, 2342 of this

title.

-End-

-CITE-

42 USC Sec. 2371 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VI - UTILITIES

-HEAD-

Sec. 2371. Transfer of utilities

-STATUTE-

The Commission is authorized to transfer to one or more of the

entities specified in this subchapter such utilities as in the

judgment of the Commission will be appropriate to enable the

transferee to meet the needs of the residents of the community for

adequate utility services of the kind to be transferred.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 7, Sec. 71, 69 Stat. 480.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2372 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VI - UTILITIES

-HEAD-

Sec. 2372. Date of transfer of utilities

-STATUTE-

Transfers of utilities shall be made as soon as possible, but in

any event, not later than five years after August 4, 1955, in the

case of Oak Ridge and Richland, or, in the case of Los Alamos, not

later than June 30, 1998.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 7, Sec. 72, 69 Stat. 480; Pub. L.

87-719, Sec. 20, Sept. 28, 1962, 76 Stat. 666; Pub. L. 104-106,

div. C, title XXXI, Sec. 3161(a), Feb. 10, 1996, 110 Stat. 627.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted "not later than June 30, 1998"

for "not later than five years after the date it is included within

this chapter".

1962 - Pub. L. 87-719 inserted "in the case of Oak Ridge and

Richland, or, in the case of Los Alamos, not later than five years

after the date it is included within this chapter" after "August 4,

1955,".

-End-

-CITE-

42 USC Sec. 2373 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VI - UTILITIES

-HEAD-

Sec. 2373. Transfer to governmental or other legal entity;

determination of transferee

-STATUTE-

(a) Transfer may be made to one or more of the following, if the

transferee has the legal authority to receive and operate the

utility.

(1) the city at the community;

(2) the State in which the community is located;

(3) any political subdivision or agency of that State; or

(4) any person, firm, corporation, or other legal entity.

(b) In determining the transferee for any utility, the Commission

may consider the following:

(1) the pattern of ownership of the comparable utilities in the

State in which the community is located;

(2) the ability of the transferee to operate the utility;

(3) the probable price of the sale of the utility, the ability

of the transferee to pay that price, and any probable expense;

(4) the desires of the eligible voters of the community as

directly expressed in any vote in any officially recognized

procedure or in any procedure established by the Commission; and

(5) the benefit to the United States in reducing possible

requirements for local assistance as authorized in subchapters

VII and VIII of this chapter.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 7, Sec. 73, 69 Stat. 480.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2374 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VI - UTILITIES

-HEAD-

Sec. 2374. Utilities transferable

-STATUTE-

All utilities are authorized to be transferred under this

subchapter, but shall not include property which the Commission

determines to be needed for its own use.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 7, Sec. 74, 69 Stat. 480.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2375 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VI - UTILITIES

-HEAD-

Sec. 2375. Gift of utility to city; charges and terms for utilities

transferred to other transferees

-STATUTE-

The Commission may give the utility to the city incorporated at

the community; and must charge in selling the utility to any other

transferee: Provided, That at Los Alamos, utilities may be given to

the county or other local governmental entity. The charges and

terms for the transfer of any utility may be established by

advertising and competitive bid, or by negotiated sale or other

transfer at such prices, terms, and conditions as the Commission

shall determine to be fair and equitable.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 7, Sec. 75, 69 Stat. 480; Pub. L.

87-719, Sec. 21, Sept. 28, 1962, 76 Stat. 666.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-719 inserted ": Provided, That at Los Alamos,

utilities may be given to the county or other local governmental

entity" after "transferee".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC SUBCHAPTER VII - MUNICIPALITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

SUBCHAPTER VII - MUNICIPALITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2312, 2342, 2373 of

this title.

-End-

-CITE-

42 USC Sec. 2381 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

Sec. 2381. Assistance in organization

-STATUTE-

The Commission is authorized, for a period not to extend beyond

five years after August 4, 1955, in the case of Oak Ridge and

Richland, or, in the case of Los Alamos, not to extend beyond five

years after the date it is included within this chapter, to

cooperate with and assist the residents of the community in

preparation for and establishment of local self-government and in

the transfer of municipal installations and responsibilities to

local entities. Such assistance may include payment of any amounts

reasonably necessary to meet expenses incident to the establishment

and organization of a city government and other local entities at

the community, until such time as the municipal installations are

transferred in accordance with the provisions of this subchapter.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 8, Sec. 81, 69 Stat. 480; Pub. L.

87-719, Sec. 22, Sept. 28, 1962, 76 Stat. 666.)

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-719 inserted "in the case of Oak Ridge and

Richland, or, in the case of Los Alamos, not to extend beyond five

years after the date it is included within this chapter" after

"August 4, 1955,".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2382 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

Sec. 2382. Transfer of municipal installations

-STATUTE-

The Commission is authorized to transfer to one or more of the

entities specified in this subchapter such municipal installations

as in the judgment of the Commission, will be appropriate to enable

the transferees to meet the needs of the residents of the community

for adequate school, hospital, and other municipal services.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 8, Sec. 82, 69 Stat. 480.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2383 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

Sec. 2383. Date of transfer

-STATUTE-

Transfers of municipal installations may be made at any time, not

later than five years after August 4, 1955, in the case of Oak

Ridge and Richland, or, in the case of Los Alamos, not later than

June 30, 1998.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 8, Sec. 83, 69 Stat. 481; Pub. L.

87-719, Sec. 23, Sept. 28, 1962, 76 Stat. 666; Pub. L. 104-106,

div. C, title XXXI, Sec. 3161(b), Feb. 10, 1996, 110 Stat. 627.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted "not later than June 30, 1998"

for "not later than five years after the date it is included within

this chapter".

1962 - Pub. L. 87-719 inserted "in the case of Oak Ridge and

Richland, or, in the case of Los Alamos, not later than five years

after the date it is included within this chapter" after "August 4,

1955,".

-End-

-CITE-

42 USC Sec. 2384 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

Sec. 2384. Transfer to governmental entity or private nonprofit

organization; determination of transferee

-STATUTE-

(a) Transfers may be made to one or more of the following, if the

entity has the legal authority to receive the installation: (1) the

city at the community; (2) the State in which the community is

located; (3) any political subdivision or agency of that State; or

(4) a private nonprofit organization in the case of the hospital

installation or cemetery at the community.

(b) In determining the entity to which school, hospital, and

other municipal installations, respectively, shall be transferred,

the Commission shall be governed, in order, by

(1) the results of a vote in which the eligible voters in the

community expressed themselves directly on the transfer in the

vote on the incorporation of the city;

(2) the results of a vote in which the eligible voters have

directly expressed themselves on the proposed transfer in a

referendum or other officially recognized procedure;

(3) there being only one entity which is legally authorized to

receive the municipal installation; or

(4) in the absence of the other alternatives, the Commission

has conducted a vote of the eligible voters of the community on

the proposed transfer under such procedures as it may establish.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 8, Sec. 84, 69 Stat. 481.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2385 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

Sec. 2385. Installations transferable

-STATUTE-

All municipal installations are authorized to be transferred

under this subchapter, but shall not include property which the

Commission determines to be needed for its own use.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 8, Sec. 85, 69 Stat. 481.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2386 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VII - MUNICIPALITIES

-HEAD-

Sec. 2386. Transfer of installations without charge

-STATUTE-

The transfer of any municipal installation authorized to be made

under the provisions of this subchapter may be made without charge

to the entity receiving the installation.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 8, Sec. 86, 69 Stat. 481.)

-End-

-CITE-

42 USC SUBCHAPTER VIII - LOCAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VIII - LOCAL ASSISTANCE

-HEAD-

SUBCHAPTER VIII - LOCAL ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2373 of this title.

-End-

-CITE-

42 USC Sec. 2391 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VIII - LOCAL ASSISTANCE

-HEAD-

Sec. 2391. Assistance to governmental entities

-STATUTE-

(a) Annual assistance payments; extensions; determination of amount

and recipient

From the date of transfer of any municipal installations to a

governmental or other entity at or for the community, the

Administrator is authorized, for a period of ten years, to make

annual assistance payments of just and reasonable sums to the

State, county, or local entity having jurisdiction to collect

property taxes or to the entity receiving the installation

transferred hereunder: Provided, however, That with respect to the

cities of Oak Ridge, Tennessee, and Richland, Washington, the

Richland School District, the Los Alamos School Board, and the

county of Los Alamos, New Mexico, the Administrator is authorized

to continue to make assistance payments of just and reasonable sums

after expiration of such ten-year period: Provided further, That

the Administrator is also authorized to make payments of just and

reasonable sums to Anderson County and Roane County, Tennessee. In

determining the amount and recipient of such payments the

Administrator shall consider -

(1) the approximate real property taxes and assessments for

local improvements which would be paid to the governmental entity

upon property within the community if such property were not

exempt from taxation by reason of Federal ownership;

(2) the maintaining of municipal services at a level which will

not impede the recruitment or retention of personnel essential to

the Energy Research and Development Administration programs;

(3) the fiscal problems peculiar to the governmental entity by

reason of the construction at the community as a single-purpose

national defense installation under emergency conditions;

(4) the municipal services and other burdens imposed on the

governmental or other entities at the community by the United

States in its operations in the project area; and

(5) the tax revenues and sources available to the governmental

entity, its efforts and diligence in collection of taxes,

assessment of property, and the efficiency of its operations.

(b) Special interim payments

Special interim payments may be made under the provisions of this

section to any governmental entity which -

(1) has a special burden due to the requirements under law

imposed upon it in assisting in effectuating the purposes of this

chapter for which it will not otherwise receive adequate

compensation or revenues; or

(2) will suffer a tax loss or lapse in place of which it will

not receive any other adequate revenues until the new

governmental entities contemplated by this subchapter are

receiving their normal taxes and performing their normal

functions.

Payments made under this section shall be payments made for

special burdens imposed on the local governmental entities in

accordance with the second sentence of section 2208 of this title.

Payments may be made under this section notwithstanding the

provisions of the Act of September 30, 1950 (!1) (Public Law 874,

Eighty-first Congress), as amended.

(d) Recommendation for further assistance payments

With respect to any entity not less than six months prior to the

expiration of the ten-year period referred to in subsection (a) of

this section (or not less than six months prior to June 30, 1979,

in the case of the cities of Oak Ridge, Tennessee, and Richland,

Washington, and the Richland School District; or not less than six

months prior to June 30, 1986, in the case of Anderson County and

Roane County, Tennessee; or not later than June 30, 1996, in the

case of the Los Alamos School Board and the county of Los Alamos,

New Mexico), the Administrator shall present to the appropriate

committees of the House of Representatives and the Senate

recommendations as to the need for any further assistance payments

to such entity. If the recommendation under the preceding sentence

regarding the Los Alamos School Board or the county of Los Alamos,

New Mexico, indicates a need for further assistance for the school

board or the county, as the case may be, after June 30, 1997, the

recommendation shall include a report and plan describing the

actions required to eliminate the need for further assistance for

the school board or the county, including a proposal for

legislative action to carry out the plan.

(e) Reduction or termination of assistance payments; determination

by Administrator of financial self-sufficiency

In exercising the authority of subsection (a) of this section the

Administrator shall assure that the governmental or other entities

receiving assistance hereunder utilize all reasonable, available

means to achieve financial self-sufficiency to the end that

assistance payments by the Administrator may be reduced or

terminated at the earliest practical time.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 9, Sec. 91, 69 Stat. 481; Pub. L.

90-190, Sec. 2, Dec. 14, 1967, 81 Stat. 576; Pub. L. 94-187, title

VI, Sec. 601(1)-(6), Dec. 31, 1975, 89 Stat. 1077, 1078; Pub. L.

95-238, title II, Sec. 205(a), Feb. 25, 1978, 92 Stat. 60; Pub. L.

104-106, div. C, title XXXI, Sec. 3161(c), Feb. 10, 1996, 110 Stat.

627.)

-REFTEXT-

REFERENCES IN TEXT

Act of September 30, 1950, referred to in subsec. (c), is act

Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as amended, popularly

known as the Educational Agencies Financial Aid Act, which was

classified generally to chapter 13 (Sec. 236 et seq.) of Title 20,

Education, prior to repeal by Pub. L. 103-382, title III, Sec.

331(b), Oct. 20, 1994, 108 Stat. 3965. For complete classification

of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-106 substituted "; or not later

than June 30, 1996, in the case of the Los Alamos School Board and

the county of Los Alamos, New Mexico" for ", and the Los Alamos

School Board; and not less than six months prior to June 30, 1987,

in the case of the county of Los Alamos, New Mexico" and inserted

at end "If the recommendation under the preceding sentence

regarding the Los Alamos School Board or the county of Los Alamos,

New Mexico, indicates a need for further assistance for the school

board or the county, as the case may be, after June 30, 1997, the

recommendation shall include a report and plan describing the

actions required to eliminate the need for further assistance for

the school board or the county, including a proposal for

legislative action to carry out the plan."

1978 - Subsec. (a). Pub. L. 95-238, Sec. 205(a)(1), inserted

provisions for applicability to the Los Alamos School Board and the

county of Los Alamos, New Mexico, and substituted provisions

authorizing Administrator to make payments for provisions requiring

Administrator to make payments.

Subsec. (d). Pub. L. 95-238, Sec. 205(a)(2), inserted provisions

for applicability to the Los Alamos School Board and the county of

Los Alamos, New Mexico, and substituted provision requiring

presentation to the appropriate committees of the House and the

Senate for provision requiring presentation to the Joint Committee

on Atomic Energy.

1975 - Subsec. (a). Pub. L. 94-187, Sec. 601(1), (5), substituted

"Administrator" for "Commission" in three places and inserted at

end of first sentence ": Provided further, That the Administrator

is also authorized to make payments of just and reasonable sums to

Anderson County and Roane County, Tennessee".

Subsec. (a)(2). Pub. L. 94-187, Sec. 601(2), substituted "Energy

Research and Development Administration" for "atomic energy".

Subsec. (d). Pub. L. 94-187, Sec. 601(1), (3), (6), substituted

"Administrator" for "Commission", struck out "its" before

"recommendations", and inserted "; or not less than six months

prior to June 30, 1986, in the case of Anderson County and Roane

County, Tennessee" after "Richland School District" in

parenthetical text.

Subsec. (e). Pub. L. 94-187, Sec. 601(1), (4), substituted

"Administrator" for "Commission" in two places and struck out

"itself" after "shall assure".

1967 - Subsec. (a). Pub. L. 90-190, Sec. 2(1), authorized the

Commission, with respect to the cities of Oak Ridge, Tenn., and

Richland, Wash., and the Richland School District, to continue to

make assistance payments of just and reasonable sums after the

expiration of the ten-year period following the date of transfer of

any municipal installation, and added par. (5).

Subsec. (d). Pub. L. 90-190, Sec. 2(2), inserted "(or not less

than six months prior to June 30, 1979, in the case of the Cities

of Oak Ridge, Tennessee, and Richland, Washington, and the Richland

School District)," after "subsection (a) of this section",

substituted "assistance" for "contribution", and struck out

requirement that if Commission proposes further contribution

payments, it shall propose a definite schedule of such payments

which will provide for an orderly and reasonably prompt withdrawal

of Commission from participation in and contribution toward local

government.

Subsec. (e). Pub. L. 90-190, Sec. 2(3), added subsec. (e).

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC2-

CONVEYANCE TO LOS ALAMOS, NEW MEXICO

Pub. L. 105-119, title VI, Sec. 632, Nov. 26, 1997, 111 Stat.

2523, provided that:

"(a) In General. - The Secretary of Energy shall -

"(1) convey, without consideration, to the Incorporated County

of Los Alamos, New Mexico (in this section referred to as the

'County'), or to the designee of the County, fee title to the

parcels of land that are allocated for conveyance to the County

in the agreement under subsection (e); and

"(2) transfer to the Secretary of the Interior, in trust for

the Pueblo of San Ildefonso (in this section referred to as the

'Pueblo'), administrative jurisdiction over the parcels that are

allocated for transfer to the Secretary of the Interior in such

agreement.

"(b) Preliminary Identification of Parcels of Land for Conveyance

or Transfer. - (1) Not later than 90 days after the date of

enactment of this Act [Nov. 26, 1997], the Secretary of Energy

shall submit to the congressional defense committees a report

identifying the parcels of land under the jurisdiction or

administrative control of the Secretary at or in the vicinity of

Los Alamos National Laboratory that are suitable for conveyance or

transfer under this section.

"(2) A parcel is suitable for conveyance or transfer for purposes

of paragraph (1) if the parcel -

"(A) is not required to meet the national security mission of

the Department of Energy or will not be required for that purpose

before the end of the 10-year period beginning on the date of

enactment of this Act;

"(B) is likely to be conveyable or transferable, as the case

may be, under this section not later than the end of such period;

and

"(C) is suitable for use for a purpose specified in subsection

(h).

"(c) Review of Title. - (1) Not later than one year after the

date of enactment of this Act [Nov. 26, 1997], the Secretary shall

submit to the congressional defense committees a report setting

forth the results of a title search on each parcel of land

identified as suitable for conveyance or transfer under subsection

(b), including an analysis of any claims against or other

impairments to the fee title to each such parcel.

"(2) In the period beginning on the date of the completion of the

title search with respect to a parcel under paragraph (1) and

ending on the date of the submittal of the report under that

paragraph, the Secretary shall take appropriate actions to resolve

the claims against or other impairments, if any, to fee title that

are identified with respect to the parcel in the title search.

"(d) Environmental Restoration. - (1) Not later than 21 months

after the date of enactment of this Act [Nov. 26, 1997], the

Secretary shall -

"(A) identify the environmental restoration or remediation, if

any, that is required with respect to each parcel of land

identified under subsection (b) to which the United States has

fee title;

"(B) carry out any review of the environmental impact of the

conveyance or transfer of each such parcel that is required under

the provisions of the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.); and

"(C) submit to Congress a report setting forth the results of

the activities under subparagraphs (A) and (B).

"(2) If the Secretary determines under paragraph (1) that a

parcel described in paragraph (1)(A) requires environmental

restoration or remediation, the Secretary shall, to the maximum

extent practicable, complete the environmental restoration or

remediation of the parcel not later than 10 years after the date of

enactment of this Act.

"(e) Agreement for Allocation of Parcels. - As soon as

practicable after completing the review of titles to parcels of

land under subsection (c), but not later than 90 days after the

submittal of the report under subsection (d)(1)(C), the County and

the Pueblo shall submit to the Secretary an agreement between the

County and the Pueblo which allocates between the County and the

Pueblo the parcels identified for conveyance or transfer under

subsection (b).

"(f) Plan for Conveyance and Transfer. - (1) Not later than 90

days after the date of the submittal to the Secretary of Energy of

the agreement under subsection (e), the Secretary shall submit to

the congressional defense committees a plan for conveying or

transferring parcels of land under this section in accordance with

the allocation specified in the agreement.

"(2) The plan under paragraph (1) shall provide for the

completion of the conveyance or transfer of parcels under this

section not later than 9 months after the date of the submittal of

the plan under that paragraph.

"(g) Conveyance or Transfer. - (1) Subject to paragraphs (2) and

(3), the Secretary shall convey or transfer parcels of land in

accordance with the allocation specified in the agreement submitted

to the Secretary under subsection (e).

"(2) In the case of a parcel allocated under the agreement that

is not available for conveyance or transfer in accordance with the

requirement in subsection (f)(2) by reason of its requirement to

meet the national security mission of the Department, the Secretary

shall convey or transfer the parcel, as the case may be, when the

parcel is no longer required for that purpose.

"(3)(A) In the case of a parcel allocated under the agreement

that is not available for conveyance or transfer in accordance with

such requirement by reason of requirements for environmental

restoration or remediation, the Secretary shall convey or transfer

the parcel, as the case may be, upon the completion of the

environmental restoration or remediation that is required with

respect to the parcel.

"(B) If the Secretary determines that environmental restoration

or remediation cannot reasonably be expected to be completed with

respect to a parcel by the end of the 10-year period beginning on

the date of enactment of this Act [Nov. 26, 1997], the Secretary

shall not convey or transfer the parcel under this section.

"(h) Use of Conveyed or Transferred Land. - The parcels of land

conveyed or transferred under this section shall be used for

historic, cultural, or environmental preservation purposes,

economic diversification purposes, or community self-sufficiency

purposes.

"(i) Treatment of Conveyances and Transfers. - (1) The purpose of

the conveyances and transfers under this section is to fulfill the

obligations of the United States with respect to Los Alamos

National Laboratory, New Mexico, under sections 91 and 94 of the

Atomic Energy Community Act of 1955 (42 U.S.C. 2391, 2394).

"(2) Upon the completion of the conveyance or transfer of the

parcels of land available for conveyance or transfer under this

section, the Secretary shall make no further payments with respect

to Los Alamos National Laboratory under section 91 or section 94 of

the Atomic Energy Community Act of 1955.

"(j) Repeal of Superseded Provision. - In the event of the

enactment of the National Defense Authorization Act for Fiscal Year

1998 [Pub. L. 105-85] by reason of the approval of the President of

the conference report to accompany the bill (H.R. 1119) of the

105th Congress, section 3165 of such Act [section 3165 of Pub. L.

105-85, see below] is repealed."

Pub. L. 105-85, div. C, title XXXI, Sec. 3165, Nov. 18, 1997, 111

Stat. 2050, contained provisions similar to section 632 of Pub. L.

105-119, set out above, prior to repeal by Pub. L. 105-119, title

VI, Sec. 632(j), Nov. 26, 1997, 111 Stat. 2525.

COMMUNITY ASSISTANCE PAYMENTS

Pub. L. 99-145, title XV, Sec. 1532, Nov. 8, 1985, 99 Stat. 773,

as amended by Pub. L. 99-661, div. C, title I, Sec. 3133, Nov. 14,

1986, 100 Stat. 4063; Pub. L. 103-160, div. C, title XXXI, Sec.

3158, Nov. 30, 1993, 107 Stat. 1956, provided that, with certain

limitations, the Secretary of Energy may obligate funds during

fiscal year 1986 to provide a final financial settlement with

Anderson County and Roane County, Tennessee, and the City of Oak

Ridge, Tennessee, and terminate all annual assistance payments to

those entities and to make advance payment of payments in lieu of

property taxes for fiscal years 1986 through 1995, and that the

Secretary shall report to Congress by Feb. 1, 1986, the Secretary's

recommendations concerning financial assistance payments to local

governmental entities.

NONAPPLICABILITY OF TITLE II OF PUB. L. 95-238 TO ANY AUTHORIZATION

OR APPROPRIATION FOR MILITARY APPLICATION OF NUCLEAR ENERGY, ETC.;

DEFINITIONS

Nonapplicability of provisions of title II of Pub. L. 95-238 with

respect to any authorization or appropriation for any military

application of nuclear energy, etc., see section 209 of Pub. L.

95-238, Feb. 25, 1978, 92 Stat. 76, set out as a note under section

5821 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2392, 2393, 2394 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2392 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VIII - LOCAL ASSISTANCE

-HEAD-

Sec. 2392. Reduction of payments

-STATUTE-

Any payment which becomes due under section 2391 of this title

prior to the transfer of all municipal installations at the

community may be reduced by such amount as the Administrator

determines to be equitable based on the municipal services then

being performed by the Energy Research and Development

Administration, and the municipal services then being performed by

such governmental entity.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 9, Sec. 92, 69 Stat. 482; Pub. L.

94-187, title VI, Sec. 601(1), (8), Dec. 31, 1975, 89 Stat. 1077,

1078.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-187 substituted "Administrator" for

"Commission" where appearing first time and "Energy Research and

Development Administration" for "Commission" where appearing second

time.

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 2393 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VIII - LOCAL ASSISTANCE

-HEAD-

Sec. 2393. Payments in anticipation of services; withholding of

payments

-STATUTE-

The payments made pursuant to section 2391 of this title to

transferees of municipal installations are in anticipation that the

respective recipients of those payments furnish, or have furnished,

for the community, the school, hospital, or other municipal

services in respect of which the payments are made. Any such

payment may be withheld, in whole or in part, if the Administrator

finds that the recipient is not furnishing such services for any

part of the area so designated.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 9, Sec. 93, 69 Stat. 482; Pub. L.

94-187, title VI, Sec. 601(1), Dec. 31, 1975, 89 Stat. 1077.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-187 substituted "Administrator" for

"Commission".

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-End-

-CITE-

42 USC Sec. 2394 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 24 - DISPOSAL OF ATOMIC ENERGY COMMUNITIES

SUBCHAPTER VIII - LOCAL ASSISTANCE

-HEAD-

Sec. 2394. Contract to make payments

-STATUTE-

The Administrator is authorized, without regard to sections 1341,

1342, and 1349-1351 and subchapter II of chapter 15 of title 31, to

enter into a contract with any governmental or other entity to

which payments are authorized to be made pursuant to section 2391

of this title, obligating the Administrator to make to such entity

the payments directed or authorized to be made by section 2391 of

this title: Provided, however, That the term of such contracts, in

the case of the cities of Oak Ridge, Tennessee, and Richland,

Washington, and the Richland School District, shall not extend

beyond June 30, 1979; and in the case of the Los Alamos School

Board shall not extend beyond June 30, 1997; and in the case of the

county of Los Alamos, New Mexico, shall not extend beyond June 30,

1997. The authority to enter into a contract under the preceding

sentence with the Los Alamos School Board and with the county of

Los Alamos, New Mexico, shall be effective with respect to a period

before July 1, 1997, only to the extent or in such amounts as are

provided in appropriation Acts.

-SOURCE-

(Aug. 4, 1955, ch. 543, ch. 9, Sec. 94, 69 Stat. 482; Pub. L.

90-190, Sec. 3, Dec. 14, 1967, 81 Stat. 576; Pub. L. 94-187, title

VI, Sec. 601(1), (9), Dec. 31, 1975, 89 Stat. 1077, 1078; Pub. L.

95-238, title II, Sec. 205(b), Feb. 25, 1978, 92 Stat. 61; Pub. L.

99-661, div. C, title I, Sec. 3138(a), (b)(1), Nov. 14, 1986, 100

Stat. 4066; Pub. L. 104-106, div. C, title XXXI, Sec. 3161(d), Feb.

10, 1996, 110 Stat. 627.)

-COD-

CODIFICATION

"Sections 1341, 1342, and 1349-1351 and subchapter II of chapter

15 of title 31" substituted in text for "section 3679 of the

Revised Statutes [31 U.S.C. 665]" on authority of Pub. L. 97-258,

Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of

which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted "June 30, 1997" for "June 30,

1996" in two places and "July 1, 1997" for "July 1, 1996".

1986 - Pub. L. 99-661, Sec. 3138(a), substituted "Los Alamos

School Board shall not extend beyond June 30, 1996" for "Los Alamos

School Board shall not extend beyond June 30, 1986" and "New

Mexico, shall not extend beyond June 30, 1996" for "New Mexico,

shall not extend beyond June 30, 1987".

Pub. L. 99-661, Sec. 3138(b)(1), inserted at end "The authority

to enter into a contract under the preceding sentence with the Los

Alamos School Board and with the county of Los Alamos, New Mexico,

shall be effective with respect to a period before July 1, 1996,

only to the extent or in such amounts as are provided in

appropriation Acts."

1978 - Pub. L. 95-238 inserted provisions for applicability to

the Los Alamos School Board and the county of Los Alamos, New

Mexico, substituted "payments are authorized" for "payments are

required or authorized", and struck out applicability of provisions

to Anderson and Roane Counties, Tennessee, for contracts not beyond

June 30, 1986.

1975 - Pub. L. 94-187 substituted "Administrator" for

"Commission" in two places and inserted provision that the term of

such contracts shall not extend beyond June 30, 1986, in the case

of Anderson County and Roane County, Tennessee. The latter

amendment was executed in this section, rather than to section

2393, as the probable intent of Congress.

1967 - Pub. L. 90-190 inserted proviso, and "or authorized"

wherever appearing.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 3138(b)(2) of Pub. L. 99-661 provided that: "The

amendment made by paragraph (1) [amending this section] shall not

apply with respect to a contract with the county of Los Alamos, New

Mexico, to the extent that it covers the period before July 1,

1987."

-TRANS-

TRANSFER OF FUNCTIONS

Energy Research and Development Administration terminated and

functions vested by law in Administrator thereof transferred to

Secretary of Energy (unless otherwise specifically provided) by

sections 7151(a) and 7293 of this title.

-MISC2-

NONAPPLICABILITY OF TITLE II OF PUB. L. 95-238 TO ANY AUTHORIZATION

OR APPROPRIATION FOR MILITARY APPLICATION OF NUCLEAR ENERGY, ETC.;

DEFINITIONS

Nonapplicability of provisions of title II of Pub. L. 95-238 with

respect to any authorization or appropriation for any military

application of nuclear energy, etc., see section 209 of Pub. L.

95-238, Feb. 25, 1978, 92 Stat. 76, set out as a note under section

5821 of this title.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

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