73 Stat. 85. funds, not to exceed $5,000,000 in the aggregate, to provide research and development assistance in support of unsolicited proposals from the utility industry to construct nuclear power plants. (d) Funds appropriated to the Commission pursuant to the authorization contained in subsection (b) of this section shall be available to the Commission for the purpose of reinstituting and supplementing the Second Round of its power reactor demonstration program to provide for the development, design, construction and operation of two reactor prototypes in accordance with subsection 111(a) (1) of Public 71 Stat. 409. Law 85-162 and which shall be based on established reactor technology. There are also authorized to be appropriated such additional funds as may be necessary for the operation of such reactor prototypes, as provided in subsection 111 (a) (1) of Public Law 85-162. The Commission shall consider, but not be limited to, the following types: (1) One such reactor prototype may be a small power reactor which will be designed to make a significant contribution to the achievement of economical power in a small size nuclear powerplant; and (2) One such reactor prototype may be in the intermediate size range. (e) In the event the Commission solicits proposals for any prototype under subsection (c) or (d) of this section, but no satisfactory proposal is received, the Commission may, if the project is still deemed desirable, proceed with design, construction, and operation of such prototype at a Commission installation and funds authorized by subsection (b) shall be available for the purposes of this subsection (e). (f) Funds appropriated to the Commission, pursuant to the authorization contained in subsection (b) of this section, and authorized for the Third Round of the Commission's power reactor demonstration program shall be available to the Commission for use in a cooperative arrangement to provide financial assistance for research and development in connection with the design, construction, and operation of an advanced, high temperature gas-cooled experimental power reactor in accordance with the basis for an arrangement described in the program justification data submitted by the Commission in support of its authorization proposal for fiscal year 1960: Provided, That, in the event the parties enter into such a cooperative arrangement and proceed with research and development and there is a unilateral abandonment of the research and development or of the construction of the plant for reasons other than (a) a contract amendment under which the Atomic Energy Commission approves such abandonment, or (b) causes beyond the control of the contracting parties and without their fault or negligence (including inability to obtain necessary licenses or regulatory approvals or adequate liability insurance coverage), the Commission shall be reimbursed by the party abandoning the project for its expenditures for research and development under the arrangement except to the extent that the Commission determines that any such expenditures have resulted in the acquisition by the Government of property, patents, or other value. SEO. 111. The Commission is authorized to enter into cooperative arrangements with any person or persons for participation in the development, construction and operation of the experimental lowtemperature process heat reactor authorized under project 60-e-14 of section 101 (e) of this Act, and the utilization of the steam generated by the reactor plant. Under such arrangements (1) the Commission is authorized to obtain the participation of such person or persons to the fullest extent consistent with the Commission's direction of the project and ownership of the reactor; 73 Stat. 86. (2) the reactor plant may be constructed upon a site provided by a participating party with or without compensation; (3) the reactor plant shall be operated by, or under contract with, the Commission, for such period of time as the Commission determines to be advisable for research and development purposes and for such additional period as the Commission may determine to be necessary in the best interest of the Government. Upon the expiration of such period, the Commission may offer the reactor plant and its appurtenances for sale to a participating party or parties at a price to reflect appropriate depreciation, but not to include construction costs assignable to research and development, or the Commission may dismantle the reactor plant and its appurtenances; (4) the Commission may sell steam to a participating party at rates based upon the present cost of, or the projected cost of, comparable steam from a plant using conventional fuels at the reactor location; and (5) any steam sold shall be used for industrial, manufacturing or other commercial purposes, or for research and development related thereto, but shall not be used for the generation of electric power for sale. The participating party or parties shall provide facilities required for such utilization of the steam generated by the nuclear plant. SEC. 112. In the event the Commission constructs a power reactor under the authorization of project 60-e-15 of section 101 or subsection 110(e) of this Act at an installation operated by or on behalf of the Commission (a) the electric energy generated may be used by the Commission in connection with the operation of such installation and the Commission is authorized to make necessary adjustments in its contract with the power supplier at such installation to provide for the interchange of reactor generated power into the transmission system of the supplier; (b) the Commission is authorized to obtain the participation of private, cooperative, or public organizations to the fullest extent consistent with the Commission direction of the project, ownership of the reactor, and utilization of the electric energy generated; and (c) the power reactor constructed shall be operated by, or under contract with, the Commission, for such period of time as the Commission determines to be advisable for research and development purposes and for such additional period as the Commission may determine to be necessary in the best interest of the Government. Upon the expiration of such period the Commission may offer the reactor and its appurtenances for sale to any public, private or cooperative power organization at a price to reflect appropriate depreciation but not to include construction costs assignable to research and development, or the Commission may dismantle the reactor and its appurtenances. SEC. 113. DESIGN AND ENGINEERING STUDIES.-The Commission shall proceed with design and engineering studies to include, but not be limited to, the following: (a) prototype reactor for nuclear tankers; (b) reactor for remote military installations; and 73 Stat. 87. The Commission shall submit reports on the studies under (a) and Report to (b) of this section to the Joint Committee on Atomic Energy by Congress. April 1, 1960. SEC. 114. Subsection 153 (h) of the Atomic Energy Act of 1954, as 68 Stat. 946. amended, is amended by striking out the date "September 1, 1959" 42 USC 2183. and inserting in lieu thereof the date "September 1, 1964”. Approved June 23, 1959. Public Law 86-300 86th Congress, S. 2569 September 21, 1959 AN ACT To amend the Atomic Energy Act of 1954, as amended. 73 STAT. 574. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 161 Atomic Energy m. of the Atomic Energy Act of 1954, as amended, is amended by Act of 1954, striking out "Section 103 or 104" and inserting in lieu thereof "Sec- 68 Stat. 950. tion 103, 104, 53 a. (4), or 63 a. (4)”. amendments. 42 USC 2201. SEC. 2. Section 163 of the Atomic Energy Act of 1954, as amended, 68 Stat. 951. is amended by inserting after the words "from receiving compensa- 42 USC 2203. tion" the following words "from a source other than a nonprofit educational institution". Approved September 21, 1959. (154) 86th Congress, S. 2568 AN ACT To amend the Atomic Energy Act of 1934, as amended, with respect to cooperation with States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Atomic Energy section be added to the Atomic Energy Act of 1954, as amended: "SEC. 274. COOPERATION WITH STATES. "a. It is the purpose of this section Act of 1954, "(1) to recognize the interests of the States in the peaceful uses note. of atomic energy, and to clarify the respective responsibilities under this Act of the States and the Commission with respect to the regulation of byproduct, source, and special nuclear materials; (2) to recognize the need, and establish programs for, cooperation between the States and the Commission with respect to control of radiation hazards associated with use of such materials; 66 "(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and regulation of byproduct, source, and special nuclear materials; "(4) to establi h procedures and criteria for discontinuance of certain of the Commission's regulatory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States; 73 STAT. 688. "(5) to provide for coordination of the development of radia- 73 STAT. 689. tion standards for the guidance of Federal agencies and coopera tion with the States; and "(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable. "b. Except as provided in subsection c., the Commission is author ized to enter into agreements with the Governor of any State provid- Agreements with ing for discontinuance of the regulatory authority of the Commission States. under chapters 6, 7, and 8, and section 161 of this Act, with respect to any one or more of the following materials within the State "(1) byproduct materials; "(2) source materials; "(3) special nuclear materials in quantities not sufficient to form a critical mass. During the duration of such an agreement it is recognized that the State shall have authority to regulate the materials covered by the agreement for the protection of the public health and safety from radiation hazards. "c. No agreement entered into pursuant to subsection b. shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of"(1) the construction and operation of any production or utilization facility; "(2) the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; "(3) the disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the Commission; "(4) the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or 42 USC 20712112, 2201. |