
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2391]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 24--DISPOSAL OF ATOMIC ENERGY COMMUNITIES
 
                    SUBCHAPTER VIII--LOCAL ASSISTANCE
 
Sec. 2391. Assistance to governmental entities


(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.

(c) Payments for special burdens

    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.
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    \1\ See References in Text note below.
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(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.

(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.)

                       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.


                               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).

                          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.


                  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.

                  Section Referred to in Other Sections

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