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42 U.S.C. § 2392 — Reduction of payments

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2392 — Reduction of payments

Any payment which becomes due under [section 2391 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2391&num=0&edition=prelim) 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.

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Source location: Title 42, Chapter 24, § 2392; chapter-024-disposal-of-atomic-energy-communities.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2392 — Reduction of payments

Page 5601 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2394 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. § 2392. Reduction of payments Any payment which becomes due under sec- tion 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 munic- ipal services then being performed by the En- ergy Research and Development Administration, and the municipal services then being performed by such governmental entity. (Aug. 4, 1955, ch. 543, ch. 9, § 92, 69 Stat. 482; Pub. L. 94–187, title VI, § 601(1), (8), Dec. 31, 1975, 89 Stat. 1077, 1078.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’ where appearing first time and ‘‘Energy Research and Development Administration’’ for ‘‘Com- mission’’ where appearing second time. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 2393. Payments in anticipation of services; withholding of payments The payments made pursuant to section 2391 of this title to transferees of municipal installa- tions are in anticipation that the respective re- cipients of those payments furnish, or have fur- nished, 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 Adminis- trator finds that the recipient is not furnishing suc

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