§ 2206. Comptroller General audit. No moneys appropriated for the purposes of this chapter shall be available for payments under any contract with the Commission, negotiated 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 effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance 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 General Accounting Office of any transaction under such contract: And provided 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 General Accounting Office. (Aug. 1, 1946, ch. 724, § 166, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 951, and amended Aug. 19, 1958, Pub. L. 85-681, § 8, 72 Stat. 634.) AMENDMENTS 1958-Pub. L. 85-681 added proviso clause relating to records disposal. § 2207. Claim settlements; reports to Congress. The Commission, acting on behalf of the United States, is authorized to consider, ascertain, 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 radiation 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 authority of this section shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. If the Commission 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, § 167, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952, and amended Sept. 6, 1961, Pub. L. 87206, § 14, 75 Stat. 478.) AMENDMENTS 1961-Pub. L. 87-206 substituted "any program undertaken by the Commission involving the detonation of an explosive device" for the Commission's program for testing atomic weapons" and authorized the Commission 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 Commission 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 guided by the policy of not making payments in excess of the taxes which would have been payable 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, § 168, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 9 of act Aug. 1, 1946, ch. 724, 60 Stat. 765 (formerly classified to section 1809 of this title), prior to the complete amendment and renumbering of said 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 licensed under section 2133 or 2134 of this title except under contract or other arrangement entered into pursuant to section 2051 of this title. (Aug. 1, 1946, ch. 724, § 169, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952.) § 2210. Indemnification and limitation of liability. (a) Financial protection for public liability claims; indemnification agreement; waiver of immunity. 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 license issued under section 2073, 2093, or 2111 of this title may, 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 Commission shall require in accordance with subsection (b) of this section to cover public liability claims. Whenever such financial protection is required, it shall be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c) of this section. 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 types of financial protection. The amount of financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (1) the cost and terms of private insurance, (2) the type, size, and location of the licensed activity and other factors pertaining to the hazard, and (3) the nature and purpose of the licensed activity: Provided, That for facilities designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, the amount of financial protection required shall be the maximum amount available from private sources. Such financial protection may include private insurance, private contractual indemnities, self insurance, other proof of financial responsibility, or a combination of such measures. (c) Indemnification from public liability in excess of level of financial protection; aggregate indemnity. The Commission shall, with respect to licenses issued between August 30, 1954, and August 1, 1967, for which it requires financial protection, agree to indemnify and hold harmless the licensee and other persons indemnified, as their interest may appear, from public liability arising from nuclear incidents which is in excess of the level of financial protection required of the licensee. The aggregate indemnity for all persons indemnified in connection with each nuclear incident shall not exceed $500,000,000 including the reasonable costs of investigating and settling claims and defending suits for damage. Such a contract of indemnification shall cover public liability arising out of or in connection with the licensed activity. With respect to any production or utilization facility for which a construction permit is issued between August 30, 1954, and August 1, 1967, the requirements of this subsection shall apply to any license issued for such facility subsequent to August 1, 1967. (d) Indemnification agreements for construction or operation of production or utilization facilities, or other activities; applicability to contracts; sovereign immunity. In addition to any other authority the Commission may have, the Commission is authorized until August 1, 1967, to enter into agreements of indemnification with its contractors for the construction or operation of production or utilization facilities or other activities under contracts for the benefit of the United States involving activities under the risk of public liability for a substantial nuclear incident. In such agreements of indemnification the Commission may require its contractor to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, and shall indemnify the persons indemnified against such claims above the amount of the financial protection required, in the amount of $500,000,000 including the reasonable costs of investigating and settling claims and defending suits for damage in the aggregate for all persons indemnified in connection with such contract and for each nuclear incident: Provided, That in the case of nuclear incidents occurring outside the United States, the amount of the indemnity provided by the Commission shall not exceed $100,000,000. The provisions of this subsection may be applicable to lump sum as well as cost type contracts and to contracts and projects financed in whole or in part by the Commission. A contractor with whom an agreement of indemnification has been executed and who is engaged in activities connected with the underground detonation of a nuclear explosive device shall be liable, to the extent so indemnified under this section, for injuries or damage sustained as a result of such detonation in the same manner and to the same extent as would a private person acting as principal, and no immunity or defense founded in the Federal, State, or municipal character of the contractor or of the work to be performed under the contract shall be effective to bar such liability. (e) Aggregate liability for a single nuclear incident; application to District Court. The aggregate liability for a single nuclear incident of persons indemnified, including the reasonable costs of investigating and settling claims and defending suits for damage, shall not exceed the sum of $500,000,000 together with the amount of financial protection required of the licensee or contractor: Provided, however, That with respect to any nuclear incident occurring outside of the United States to which an agreement of indemnification entered into under the provisions of subsection (d) of this section is applicable, such aggregate liability shall not exceed the amount of $100,000,000 together with the amount of financial protection required of the contractor. The Commission or any person indemnified may apply to the appropriate district court of the United States having venue in bankruptcy matters over the location of the nuclear incident, except that in the case of nuclear incidents occurring outside the United States, the Commission or any person indemnified may apply to the United States District Court for the District of Columbia, and upon a showing that the public liability from a single nuclear incident will probably exceed the limit of liability imposed by this section, shall be entitled to such orders as may be appropriate for enforcement of the provisions of this section, including an order limiting the liability of the persons indemnified, orders staying the payment of claims and the execution of court judgments, orders apportioning the payments to be made to claimants, orders permitting partial payments to be made before final determination of the total claims, and an order setting aside a part of the funds available for possible latent injuries not discovered until a later time. (f) Collection and amount of fee. The Commission is authorized to collect a fee from all persons with whom an indemnification agreement is executed under this section. This fee shall be $30 per year per thousand kilowatts of thermal energy capacity for facilities licensed under section 2133 of this title. For facilities licensed under section 2134 of this title, and for construction permits under section 2235 of this title, the Commission is authorized to reduce the fee set forth above. The Commission shall establish criteria in writing for determination of the fee for facilities licensed under section 2134 of this title, taking into consideration such factors as (1) the type, size, and location of facility involved, and other factors pertaining to the hazard, and (2) the nature and purpose of the facility. For other licenses, the Commission shall collect such nominal fees as it deems appropriate. No fee under this subsection shall be less than $100 per year. (g) Use of facilities and services of private insurance organizations. In administering the provisions of this section, the Commission shall use, to the maximum extent practicable, the facilities and services of private insurance organizations, and the Commission may contract to pay a reasonable compensation for such services. Any contract made under the provisions of this subsection may be made without regard to the provisions of section 5 of Title 41, upon a showing by the Commission that advertising is not reasonably practicable and advance payments may be made. (h) Conditions of agreement of indemnification; settlement of claims. The agreement of indemnification may contain such terms as the Commission deems appropriate to carry out the purposes of this section. Such agreement shall provide that, when the Commission makes a determination that the United States will probably be required to make indemnity payments under this section, the Commission shall collaborate with any person indemnified and may approve the payment of any claim under the agreement of indemnification, appear through the Attorney General on behalf of the person indemnified, take charge of such action, and settle or defend any such action. The Commission shall have final authority on behalf of the United States to settle or approve the settlement of any such claim on a fair and reasonable basis with due regard for the purposes of this chapter. Such settlement may include reasonable expenses in connection with the claim incurred by the person indemnified. (i) Survey of causes and extent of damage; report to Joint Committee. After any nuclear incident which will probably require payments by the United States under this section, the Commission shall make a survey of the causes and extent of damage which shall forthwith be reported to the Joint Committee, and, except as forbidden by the provisions of sections 2161-2166 of this title or any other law or Executive order, all final findings shall be made available to the public, to the parties involved and to the courts. The Commission shall report to the Joint Committee by April 1, 1958, and every year thereafter on the operations under this section. (j) Contracts in advance of appropriations. In administering the provisions of this section, the Commission may make contracts in advance of appropriations and incur obligations without regard to section 665 of Title 31. (k) Exemption from financial protection requirement; indemnification from public liability in excess of $250,000; aggregate indemnity; waiver. With respect to any license issued pursuant to section 2073, 2093, 2111, 2134 (a), or 2134 (c) of this title, for the conduct of educational activities to a person found by the Commission to be a nonprofit educational institution, the Commission shall exempt such licensee from the financial protection requirement of subsection (a) of this section. With respect to licenses issued between August 30, 1954, and August 1, 1967, for which the Commission grants such exemption: (1) the Commission shall agree to indemnify and hold harmless the licensee and other persons indemnified, as their interests may appear, from public liability in excess of $250,000 arising from nuclear incidents. The aggregate indemnity for all persons indemnified in connection with each nuclear incident shall not exceed $500,000,000, including the reasonable cost of investigating and settling claims and defending suits for damage; (2) such contracts of indemnification shall cover public liability arising out of or in connection with the licensed activity; and shall include damage to property of persons indemnified, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs; and (3) such contracts of indemnification, when entered into with a licensee having immunity from public liability because it is a State agency, shall provide also that the Commission shall make payments under the contract on account of activities of the licensee in the same manner and to the same extent as the Commission would be required to do if the licensee were not such a State agency. Any licensee may waive an exemption to which it is entitled under this subsection. With respect to any production or utilization facility for which a construction permit is issued between August 30, 1954, and August 1, 1967, the requirements of this subsection shall apply to any license issued for such facility subsequent to August 1, 1967. (1) Indemnification agreements in connection with nuclear ship Savannah. The Commission is authorized until August 1, 1967, to enter into an agreement of indemnification with any person engaged in the design, development, construction, operation, repair, and maintenance or use of the nuclear-powered ship authorized by section 1206 of Title 46, and designated the "nuclear ship Savannah". In any such agreement of indemnification the Commission may require such person to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising from a nuclear incident in connection with such design, development, construction, operation, repair, maintenance or use and shall indemnify the person indemnified against such claims above the amount of the financial protection required, in the maximum amount provided by subsection (e) of this section including the reasonable costs of investigating and settling claims and defending suits for damage. (Aug. 1, 1946, ch. 724, § 170, as added Sept. 2, 1957, Pub. L. 85-256, § 4, 71 Stat. 576, and amended Aug. 8, 1958, Pub. L. 85602, §§ 2, [3], 72 Stat. 525; Aug. 23, 1958, Pub. L. 85-744, 72 Stat. 837; Sept. 6, 1961, Pub. L. 87-206, § 15, 75 Stat. 479; Aug. 29, 1962, Pub. L. 87-615, §§ 6, 7, 76 Stat. 410; Aug. 1, 1964, Pub. L. 88-394, §§ 2, 3, 78 Stat. 376.) AMENDMENTS 1964 Subsec. (c). Pub. L. 88-394, § 2, provided that with respect to any facility for which a permit is issued between Aug. 30, 1954, and Aug. 1, 1967, the requirements of the subsection shall apply to any license issued subsequent to Aug. 1, 1967. Subsec. (k). Pub. L. 88-394, § 3, provided that with respect to any facility for which a permit is issued between Aug. 30, 1954, and Aug. 1, 1967, the requirements of the subsection shall apply to any license issued subsequent to Aug. 1, 1967. 1962-Subsec. (d). Pub. L. 87-615, § 6, limited the amount of indemnity provided by the Commission for nuclear incidents occurring outside the United States to $100,000,000. Subsec. (e). Pub. L. 87-615, § 7, added the proviso limiting the aggregate liability in cases of nuclear incidents occurring outside the United States to which an indemnification agreement entered into under subsec. (d) of this section is applicable, to $100,000,000, and substituted "occurring outside the United States, the Commission or any person indemnified may apply to the United States District Court for the District of Columbia" for "caused by ships of the United States outside of the United States, the Commission or any person indemnified may apply to the appropriate district court of the United States having venue in bankruptcy matters over the location of the principal place of business of the shipping company owning or operating the ship." 1961-Subsec. (d). Pub. L. 87-206 added provision for llability of contractor to extent of indemnification under this section free of defense of soverign immunity. 1958 Subsec. (e). Pub. L. 85-602, § 2 [3], gave the district court that has venue in bankruptcy matters over the location of the principal place of business of the shipping company owning or operating the ship, jurisdiction in cases of nuclear incidents caused by ships of the United States outside of the United States. Subsec. (k). Pub. L. 85-744 added subsec. (k). SUBCHAPTER XIV.-COMPENSATION FOR PRIVATE PROPERTY ACQUIRED PRIOR PROVISIONS Provisions similar to those comprising this subchapter were contained in section 13 of act Aug. 1, 1946, ch. 724, 60 Stat. 772 (formerly classified to section 1813 of this title) prior to the complete amendment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, 9:44 a. m., E. D. T., ch. 1073, 68 Stat. 921. § 2221. Just compensation for requisitioned property. The United States shall make just compensation for any property or interests therein taken or requisitioned pursuant to sections 2063, 2075, 2096, and 2138 of this title. Except in case of real property or any interest therein, the Commission shall determine and pay such just compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims or in any district court of the United States for the district in which such claimant is a resident in the manner provided by section 1346 of Title 28 to recover such further sum as added to said 75 per centum will constitute just compensation. (Aug. 1, 1946, ch. 724, § 171, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952, and amended Aug. 26, 1964, Pub. L. 88-489, § 17, 78 Stat. 606.) aries of the Sandia base, Albuquerque, New Mexico. "Beginning at the center quarter corner of section 30, township 10 north, range 4 east, New Mexico principal meridian, Bernalillo County, New Mexico, thence south no degrees twenty-three minutes thirty seconds west one thousand nine hundred forty-seven and twenty onehundredths feet, thence north eighty-nine degrees thirtysix minutes forty-five seconds east two thousand sixtyeight and forty one-hundredths feet, thence north eighty-nine degrees three minutes fifteen seconds east five hundred forty-six feet, thence north no degrees thirty-nine minutes no seconds east two hundred thirtytwo and seventy one-hundredths feet, thence north eighty-nine degrees twenty-one minutes no seconds west eight hundred fifty-two and twenty one-hundredths feet, thence north no degrees thirty-nine minutes no seconds east five hundred and sixty one-hundredths feet, thence along the back of the south curb of West Sandia Drive, Sandia Base, Bernalillo County, New Mexico, eight hundred sixty-five and sixty one-hundredths feet, thence north no degrees thirty-nine minutes no seconds east one thousand three hundred thirty-five and three-tenths feet to a point south eighty-nine degrees twenty-seven minutes forty-five seconds west a distance of thirty feet from the quarter corner common to sections 30 and 29, township 10 north, range 4 east, thence south eighty-nine degrees, twenty-seven minutes forty-five seconds west two thousand six hundred twenty-three and forty onehundredths feet to the point of beginning. "This retrocession of jurisdiction shall take effect upon acceptance by the State of New Mexico." FEDERAL RULES OF CIVIL PROCEDURE Complaint for condemnation, see form 29, Title 28, Appendix, Judiciary and Judicial Procedure. Notice of condemnation, see form 28, Title 28, Appendix. Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix. § 2222. Condemnation of real property. Proceedings for condemnation shall be instituted pursuant to the provisions of sections 257 and 258 of Title 40, and section 1403 of Title 28. Sections 258a-258e of Title 40 shall be applicable to any such proceedings. (Aug. 1, 1946, ch. 724, § 172, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953.) REFERENCES IN TEXT Section 258 of Title 40, referred to in the text, has been omitted as superseded by Rule 71A of the Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure. § 2223. Patent application disclosures. In the event that the Commission communicates to any nation any Restricted Data based on any patent application not belonging to the United States, just compensation shall be paid by the United States to the owner of the patent application. The Commission shall determine such compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the Court of Claims or in any district court of the United States for the district in which such claimant is a resident in a manner provided by section 1346 of Title 28 to recover such further sum as added to such 75 per centum will constitute just compensation. (Aug. 1, 1946, ch. 724, § 173, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953.) § 2224. Attorney General approval of title. All real property acquired under this chapter shall be subject to the provisions of section 255 of Title 40: Provided, however, That real property acquired by purchase or donation, or other means of transfer may also be occupied, used, and improved for the purposes of this chapter prior to approval of title by the Attorney General in those cases where the President determines that such action is required in the interest of the common defense and security. (Aug. 1, 1946, ch. 724, § 174, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953.) SUBCHAPTER XV.-JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE PRIOR PROVISIONS Provisions similar to those comprising this subchapter were contained in section 14 of act Aug. 1, 1946, ch. 724, 60 Stat. 772 (formerly classified to section 1814 of this title) prior to the complete amendment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, 9:44 a. m., E. D. T., ch. 1073, 68 Stat. 921. § 2231. Applicability of Administrative Procedure Act; definitions. The provisions of the Administrative Procedure Act shall apply to all agency action taken under this chapter, and the terms "agency" and "agency action" shall have the meaning specified in the Administrative Procedure Act: Provided, however, That in the case of agency proceedings or actions which involve Restricted Data or defense information, the Commission shall provide by regulation for such parallel procedures as will effectively safeguard and prevent disclosure of Restricted Data or defense information to unauthorized persons with minimum impairment of the procedural rights which would be available if Restricted Data or defense information were not involved. (Aug. 1, 1946, ch. 724, § 181, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953.) REFERENCES IN TEXT The Administrative Procedure Act, referred to in text, is classified to chapter 19 of Title 5, Executive Departments and Government Officers and Employees. § 2232. License applications. (a) Contents and form. Each application for a license hereunder shall be in writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide such of the technical and financial qualifications of the applicant, the character of the applicant, the citizenship of the applicant, or any other qualifications of the applicant as the Commission may deem appropriate for the license. In connection with applications for licenses to operate production or utilization facilities, the applicant shall state such technical specifications, including information of the amount, kind, and source of special nuclear material required, the place of the use, the specific characteristics of the facility, and such other information as the Commission may, by rule or regulation, deem necessary in order to enable it to find that the utilization or production of special nuclear material will be in accord with the common defense and security and will provide adequate protection to the health and safety of the public. Such technical specifications shall be a part of any license issued. The Commission may at any time after the filing of the original application, and before the expiration of the license, require further written statements in order to enable the Commission to determine whether the application should be granted or denied or whether a license should be modified or revoked. All applications and statements shall be signed by the applicant or licensee. Applications for, and statements made in connection with, licenses under sections 2133 and 2134 of this title shall be made under oath or affirmation. The Commission may require any other applications or statements to be made under oath or affirmation. (b) Review of applications by Advisory Committee on Reactor Safeguards; report. The Advisory Committee on Reactor Safeguards shall review each application under section 2133 or section 2134 (b) of this title for a construction permit or an operating license for a facility, any application under section 2134 (c) of this title for a construction permit or an operating license for a testing facility, any application under subsection (a) or (c) of section 2134 of this title specifically referred to it by the Commission, and any application for an amendment to a construction permit or an amendment to an operating license under section 2133 or 2134(a), (b), or (c) of this title specifically referred to it by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public except to the extent that security classification prevents disclosure. (c) Commercial power; publication. The Commission shall not issue any license for a utilization or production facility for the generation of commercial power under section 2133 of this title, until it has given notice in writing to such regulatory agency as may have jurisdiction over the rates and services of the proposed activity, to municipalities, private utilities, public bodies, and cooperatives within transmission distance authorized to engage in the distribution of electric energy and until it has published notice of such application once each week for four consecutive weeks in the Federal Register, and until four weeks after the last notice. (d) Preferred consideration. The Commission, in issuing any license for a utilization or production facility for the generation of commercial power under section 2133 of this title, shall give preferred consideration to applications for such facilities which will be located in high cost power areas in the United States if there are conflicting applications for a limited opportunity for such license. Where such conflicting applications resulting from limited opportunity for such license include those submitted by public or cooperative bodies such applications shall be given preferred consideration. (Aug. 1, 1946, ch. 724, § 182, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 953, and amended Aug. 6, 1956, ch. 1015, § 5, 70 Stat. 1070; Sept. 2, 1957, Pub. L. 85-256, § 6, 71 Stat. 579; Aug. 29, 1962, Pub. L. 87-615, § 3, 76 Stat. 409.) AMENDMENTS 1962-Subsec. (b). Pub. L. 87-615 substituted provisions requiring review of applications under sections 2133 or 2134(b) of this title for a construction permit or an operating license for a facility, or under section 2134 (c) of this title for a testing facility, for provisions which required review of license applications for such facilities, and inserted provisions requiring review of |