42 U.S.C. § 2366 — Conditions of indemnity; purchase of

Page 5596 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2366 Statutory Notes and Related Subsidiaries 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. § 2366. Conditions of indemnity; purchase of property by Commission 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 un- paid balance of the real or hypothetical loan cal- culated 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 ex- cessive costs; and (c) the Commission is given such prior no- tice of the sale and such opportunity to be- come a purchaser as it shall prescribe. In such circumstances the Commission is au- thorized to purchase the property. Sales pursu- ant to this section and payment by the Commis- sion of such amount, if any, as is owing pursu- ant 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. (Aug. 4, 1955, ch. 543, ch. 6, § 66, 69 Stat. 479.) Statutory Notes and Related Subsidiaries 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. SUBCHAPTER VI—UTILITIES § 2371. Transfer of utilities The Commission is authorized to transfer to one or more of the entities specified in this sub- chapter 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. (Aug. 4, 1955, ch. 543, ch. 7, § 71, 69 Stat. 480.) Statutory Notes and Related Subsidiaries 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. § 2372. Date of transfer of utilities 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 Ala- mos, not later than June 30, 1998. (Aug. 4, 1955, ch. 543, ch. 7, § 72, 69 Stat. 480; Pub. L. 87–719, § 20, Sept. 28, 1962, 76 Stat. 666; Pub. L. 104–106, div. C, title XXXI, § 3161(a), Feb. 10, 1996, 110 Stat. 627.) Editorial Notes 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,’’. § 2373. Transfer to governmental or other legal entity; determination of transferee (a) Transfer may be made to one or more of the following, if the transferee has the legal au- thority to receive and operate the utility. (1) the city at the community; (2) the State in which the community is lo- cated; (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 util- ity, the Commission may consider the following: (1) the pattern of ownership of the com- parable 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 util- ity, 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 reduc- ing possible requirements for local assistance as authorized in subchapters VII and VIII of this chapter. (Aug. 4, 1955, ch. 543, ch. 7, § 73, 69 Stat. 480.) Statutory Notes and Related Subsidiaries 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. § 2374. Utilities transferable 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. (Aug. 4, 1955, ch. 543, ch. 7, § 74, 69 Stat. 480.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See