Title 42The Public Health and WelfareRelease 119-73not60

§2384 Transfer to Governmental Entity or Private Nonprofit Organization; Determination of Transferee

Title 42 › Chapter 24— DISPOSAL OF ATOMIC ENERGY COMMUNITIES › Subchapter VII— MUNICIPALITIES › § 2384

Last updated Apr 5, 2026|Official source

Summary

An installation can be transferred to one or more of these if the recipient is legally allowed to take it: (1) the city where the community is; (2) the State where the community is located; (3) a state agency or local government unit; or (4) for a hospital or cemetery, a private nonprofit organization. When choosing who gets each school, hospital, or other municipal facility, the Commission must follow this order: (1) use a vote by the community’s eligible voters taken when the city was incorporated; (2) use a direct referendum or other official vote on the transfer; (3) if only one entity is legally eligible, use that one; (4) otherwise the Commission must hold a vote of the community’s eligible voters using procedures it creates.

Full Legal Text

Title 42, §2384

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

(a)Transfers may be made to one or more of the following, if the entity has the legal authority to receive the installation: (1) the city at the community; (2) the State in which the community is located; (3) any political subdivision or agency of that State; or (4) a private nonprofit organization in the case of the hospital installation or cemetery at the community.
(b)In determining the entity to which school, hospital, and other municipal installations, respectively, shall be transferred, the Commission shall be governed, in order, by
(1)the results of a vote in which the eligible voters in the community expressed themselves directly on the transfer in the vote on the incorporation of the city;
(2)the results of a vote in which the eligible voters have directly expressed themselves on the proposed transfer in a referendum or other officially recognized procedure;
(3)there being only one entity which is legally authorized to receive the municipal installation; or
(4)in the absence of the other alternatives, the Commission has conducted a vote of the eligible voters of the community on the proposed transfer under such procedures as it may establish.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by section 5814 and 5841 of this title. See also

Transfer of Functions

notes set out under those sections.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2384

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60