42 U.S.C. § 2208 — Payments in lieu of taxes

Page 5495 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2208 behalf of any contractor performing such con- tract for profit. (Aug. 1, 1946, ch. 724, title I, § 165, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 951; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Atomic Energy Act of 1946, as amended, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified generally to chapter 14 (§ 1801 et seq.) of this title prior to the general amendment by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. The act of Aug. 1, 1946, ch. 724, is now known as the Atomic En- ergy Act of 1954, and is classified principally to this chapter. § 2205a. Repealed. Pub. L. 97–375, title I, § 115, Dec. 21, 1982, 96 Stat. 1821 Section, Pub. L. 95–601, § 11, Nov. 6, 1978, 92 Stat. 2953, directed Commission to report to Congress on Jan. 1, 1979, and annually thereafter on use of contractors, consultants, and National Laboratories by Commission, and that such report include, for each contract issued, in progress or completed during fiscal year 1978, infor- mation on bidding procedure, nature of work, amount and duration of contract, progress of work, relation to previous contracts, and relation between amount of contract and amount actually spent. § 2206. Comptroller General audit No moneys appropriated for the purposes of this chapter shall be available for payments under any contract with the Commission, nego- tiated without advertising, except contracts with any foreign government or any agency thereof and contracts with foreign producers, unless such contract includes a clause to the ef- fect that the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, docu- ments, papers, and records of the contractor or any of his subcontractors engaged in the per- formance of, and involving transactions related to such contracts or subcontracts: Provided, however, That no moneys so appropriated shall be available for payment under such contract which includes any provision precluding an audit by the Government Accountability Office of any transaction under such contract: And pro- vided further, That nothing in this section shall preclude the earlier disposal of contractor and subcontractor records in accordance with records disposal schedules agreed upon between the Commission and the Government Account- ability Office. (Aug. 1, 1946, ch. 724, title I, § 166, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 951; amended Pub. L. 85–681, § 8, Aug. 19, 1958, 72 Stat. 634; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in two places. 1958—Pub. L. 85–681 inserted proviso relating to records disposal. § 2207. Claim settlements; reports to Congress The Commission, acting on behalf of the United States, is authorized to consider, ascer- tain, adjust, determine, settle, and pay, any claim for money damage of $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from any detonation, explosion, or ra- diation produced in the conduct of any program undertaken by the Commission involving the detonation of an explosive device, where such claim is presented to the Commission in writing within one year after the accident or incident out of which the claim arises: Provided, however, That the damage to or loss of property, or bodily injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agents, or employees. Any such settlement under the au- thority of this section shall be final and conclu- sive for all purposes, notwithstanding any other provision of law to the contrary. If the Commis- sion considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, the Commission may report the facts and circumstances thereof to the Congress for its consideration. (Aug. 1, 1946, ch. 724, title I, § 167, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; amended Pub. L. 87–206, § 14, Sept. 6, 1961, 75 Stat. 478; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–206 substituted ‘‘any program under- taken by the Commission involving the detonation of an explosive device’’ for ‘‘the Commission’s program for testing atomic weapons’’ and authorized the Com- mission to report meritorious claims in excess of $5,000 to the Congress. § 2208. Payments in lieu of taxes In order to render financial assistance to those States and localities in which the activities of the Commission are carried on, and in which the Commission has acquired property previously subject to State and local taxation, the Commis- sion is authorized to make payments to State and local governments in lieu of property taxes. Such payments may be in the amounts, at the times, and upon the terms the Commission deems appropriate, but the Commission shall be Page 5496 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2209 guided by the policy of not making payments in excess of the taxes which would have been pay- able for such property in the condition in which it was acquired, except in cases where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan Engineer District or their agents. In any such case, any benefit accruing to the State or local government by reason of such activities shall be considered in determining the amount of the payment. (Aug. 1, 1946, ch. 724, title I, § 168, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1809(b) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2209. Subsidies No funds of the Commission shall be employed in the construction or operation of facilities li- censed under section 2133 or 2134 of this title ex- cept under contract or other arrangement en- tered into pursuant to section 2051 of this title. (Aug. 1, 1946, ch. 724, title I, § 169, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2210. Indemnification and limitation of liability (a) Requirement of financial protection for li- censees Each license issued under section 2133 or 2134 of this title and each construction permit issued under section 2235 of this title shall, and each li- cense issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in section 2012(i) of this title, have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regu- latory Commission (in this section referred to as the ‘‘Commission’’) in the exercise of its licens- ing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a fur- ther condition of the license that the licensee execute and maintain an indemnification agree- ment in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law. (b) Amount and type of financial protection for licensees (1) The amount of primary financial protec- tion required shall be the amount of liability in- surance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writ- ing, which it may revise from time to time, tak- ing into consideration such factors as the fol- lowing: (A) the cost and terms of private insur- ance, (B) the type, size, and location of the li- censed activity and other factors pertaining to the hazard, and (C) the nature and purpose of the licensed activity: Provided, That for facili- ties designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, the amount of primary financial protection required shall be the maximum amount available at reasonable cost and on reasonable terms from private sources (excluding the amount of private liabil- ity insurance available under the industry retro- spective rating plan required in this subsection). Such primary financial protection may include private insurance, private contractual indem- nities, self-insurance, other proof of financial re- sponsibility, or a combination of such measures and shall be subject to such terms and condi- tions as the Commission may, by rule, regula- tion, or order, prescribe. The Commission shall require licensees that are required to have and maintain primary financial protection equal to the maximum amount of liability insurance available from private sources to maintain, in addition to such primary financial protection, private liability insurance available under an in- dustry retrospective rating plan providing for premium charges deferred in whole or major part until public liability from a nuclear inci- dent exceeds or appears likely to exceed the level of the primary financial protection re- quired of the licensee involved in the nuclear in- cident: Provided, That such insurance is avail- able to, and required of, all of the licensees of such facilities without regard to the manner in which they obtain other types or amounts of such primary financial protection: And provided further, That the maximum amount of the standard deferred premium that may be charged a licensee following any nuclear incident under such a plan shall not be more than $95,800,000 (subject to adjustment for inflation under sub- section (t)), but not more than $15,000,000 in any 1 year (subject to adjustment for inflation under subsection (t)), for each facility for which such licensee is required to maintain the maximum amount of primary financial protection: And provided further, That the amount which may be charged a licensee following any nuclear inci- dent shall not exceed the licensee’s pro rata share of the aggregate public liability claims and costs (excluding legal costs subject to sub- section (o)(1)(D), payment of which has not been authorized under such subsection) arising out of the nuclear incident. Payment of any State pre- mium taxes which may be applicable to any de- ferred premium provided for in this chapter shall be the responsibility of the licensee and shall not be included in the retrospective pre- mium established by the Commission. (2)(A) The Commission may, on a case by case basis, assess annual deferred premium amounts less than the standard annual deferred premium amount assessed under paragraph (1)— (i) for any facility, if more than one nuclear incident occurs in any one calendar year; or (ii) for any licensee licensed to operate more than one facility, if the Commission deter- mines that the financial impact of assessing the standard annual deferred premium amount