42 U.S.C. § 2297h–5: Leasing of gaseous…

Summary

When the plants are privatized, the federal corporation must transfer the remaining lease of the gaseous diffusion plants and related property to the private company. The private company alone can choose to keep leasing the plants after the first lease term ends. The Secretary must not lease any facilities needed to make highly enriched uranium, but may let the Corporation use those places for other purposes under the Atomic Energy Act. The Department of Energy (DOE) must pay cleanup, decommissioning, and other corrective costs for problems that existed before July 1, 1993. Those pre‑1993 conditions are set by the environmental audit done under section 1403(e) of the Atomic Energy Act (42 U.S.C. 2297c–2(e)). Any lease or renewal is treated as a contract under section 170d (42 U.S.C. 2210(d)). Signing, transferring, or renewing the lease is not considered a major federal action under section 4332. For the Paducah, KY and Portsmouth, OH plants, all security police officers must carry sidearms at all times. The cost to arm and give arrest powers to those officers is split by percentage of workers: DOE pays the share equal to the percent of employees who are DOE workers or who do work for DOE, and the private lessee pays the share equal to the other employees. Neither side may cut payments, offset them, or have DOE reimburse the private company. Nothing here changes DOE’s duty to pay safety, safeguards, and security costs tied to DOE’s highly enriched uranium activities.

Title 42, §2297h–5

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Transfer of lease

Concurrent with privatization, the Corporation shall transfer to the private corporation the lease of the gaseous diffusion plants and related property for the remainder of the term of such lease in accordance with the terms of such lease.

(b)Renewal

The private corporation shall have the exclusive option to lease the gaseous diffusion plants and related property for additional periods following the expiration of the initial term of the lease.

(c)Exclusion of facilities for production of highly enriched uranium

The Secretary shall not lease to the private corporation any facilities necessary for the production of highly enriched uranium but may, subject to the requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), grant the Corporation access to such facilities for purposes other than the production of highly enriched uranium.

(d)DOE responsibility for preexisting conditions

The payment of any costs of decontamination and decommissioning, response actions, or corrective actions with respect to conditions existing before July 1, 1993, at the gaseous diffusion plants shall remain the sole responsibility of the Secretary.

(e)Environmental audit

For purposes of subsection (d), the conditions existing before July 1, 1993, at the gaseous diffusion plants shall be determined from the environmental audit conducted pursuant to section 1403(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c–2(e)).

(f)Treatment under Price-Anderson provisions

Any lease executed between the Secretary and the Corporation or the private corporation, and any extension or renewal thereof, under this section shall be deemed to be a contract for purposes of section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).

(g)Waiver of EIS requirement

The execution or transfer of the lease between the Secretary and the Corporation or the private corporation, and any extension or renewal thereof, shall not be considered to be a major Federal action significantly affecting the quality of the human environment for purposes of section 4332 of this title.

(h)Maintenance of security

(1)In general

With respect to the Paducah Gaseous Diffusion Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines relating to the authority of the Department of Energy’s contractors (including any Federal agency, or private entity operating a gaseous diffusion plant under a contract or lease with the Department of Energy) and any subcontractor (at any tier) to carry firearms and make arrests in providing security at Federal installations, issued under section 2201(k) of this title shall require, at a minimum, the presence of all security police officers carrying sidearms at all times to ensure maintenance of security at the gaseous diffusion plants (whether a gaseous diffusion plant is operated directly by a Federal agency or by a private entity under a contract or lease with a Federal agency).

(2)Funding

(A)The costs of arming and providing arrest authority to the security police officers required under paragraph (1) shall be paid as follows:

(i)the Department of Energy (the “Department”) shall pay the percentage of the costs equal to the percentage of the total number of employees at the gaseous diffusion plant who are: (I) employees of the Department or the contractor or subcontractors of the Department; or (II) employees of the private entity leasing the gaseous diffusion plant who perform work on behalf of the Department (including employees of a contractor or subcontractor of the private entity); and

(ii)the private entity leasing the gaseous diffusion plant shall pay the percentage of the costs equal to the percentage of the total number of employees at the gaseous diffusion plant who are employees of the private entity (including employees of a contractor or subcontractor) other than those employees who perform work for the Department.

(B)Neither the private entity leasing the gaseous diffusion plant nor the Department shall reduce its payments under any contract or lease or take other action to offset its share of the costs referred to in subparagraph (A), and the Department shall not reimburse the private entity for the entity’s share of these costs.

(C)Nothing in this subsection shall alter the Department’s responsibilities to pay the safety, safeguards and security costs associated with the Department’s highly enriched uranium activities.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsec. (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to this chapter (§ 2011 et seq.). For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. Codification Section was enacted as part of the USEC Privatization Act and also as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

1998—Subsec. (h). Pub. L. 105–245 substituted “all security police officers” for “an adequate number of security guards” in par. (1) and added par. (2). 1997—Subsec. (h). Pub. L. 105–62 added subsec. (h).

§2297h–5 Leasing of Gaseous Diffusion Facilities