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form of Commission-furnished services, facilities or equipment otherwise available to or planned by the Commission under its civilian base program: Provided. That such assistance shall not include the furnishing of end capital items of this demonstration plant excluding items which the Commission may deem necessary for research, development or testing in light of its liquid metal fast breeder reactor base program: And provided further. That such assistance which the Commission undertakes specifically for this demonstration plant shall not exceed 50 per centum of the estimated capital cost of such plant: And Provided, That said ceiling amounts shall not be deemed to include assistance in the form of waiver of use charges during the term of the cooperative arrangement and the Commission may agree to provide such assistance without regard to the provisions of section 53 of the Atomic Energy Act, as amended, by waiving use charges in an amount not to exceed $10,000,000. Notwithstanding the foregoing, authorization of additional appropriations for the conduct of Project Definition Phase activities subsequent to the execution of the aforementioned cooperative arrangement, in the amount of $3,000,000 83a, is hereby authorized.84

(b) Before the Commission enters into any arrangement or amendment thereto under the authority of subsection (a) of this section, the basis for the arrangement or amendment thereto which the Commission proposes to execute (including the name of the proposed participating party or parties with whom the arrangement is to be made, a general description of the proposed powerplant, the estimated amount of cost to be incurred by the Commission and by the participating parties, and the general features of the proposed arrangement or amendment) shall be submitted to the Joint Committee on Atomic Energy, and a period of forty-five days shall elapse while Congress is in session (in computing such forty-five days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having received the basis for a proposed arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five day period: Provided further. That such arrangement or amendment shall be entered into in accordance with the basis for the arrangement or amendment submitted as provided herein: And provided further. That no basis for arrangement need be resubmitted to the Joint Committee for the sole reason that the estimated amount of the cost to be incurred by the Commission exceeds the estimated cost previously submitted to the Joint Committee by not more than 15 per centum. (c) The Commission is hereby authorized to agree, by modification to the definitive cooperative arrangement reflecting such changes therein as it deems appropriate for such purpose, to the following: (1) to execute and deliver to the other parties to the AEC definitive

83 Public Law 93-276 (88 Stat. 115) (1974), subsec. 107 (c), increased this figure from the original $2.000.000.

$4 Public Law 93-60 (87 Stat. 143) (1973), added this sentence to section 106(a).

contract, the special undertakings of indemnification specified in said contract, which undertakings shall be subject to availability of appropriations to the Atomic Energy Commission (or any other Federal agency to which the Commission's pertinent functions might be transferred at some future time) and to the provisions of section 3679 of the Revised Statutes, as amended; and (2) to acquire ownership and custody of the property constituting the Liquid Metal Fast Breeder Reactor powerplant or parts thereof, and to use, decommission, and dispose of said property, as provided for in the AEC definitive

contract.84a

Approved June 2, 1970.

INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 91-273

(S. 3818)

(Page references are to the Congressional Record, 91st Cong. 2d Sess.)

S. 3409 introduced by Senator Pastore (by request), February 6, 1970, 2700.

Hearings: Full Joint Committee on Atomic Energy, February 3, 18, and 19, 1970 (Part 1). March 3 and 5, 1970 (Part 2). March 11, 1970 (Part 3), March 19, 1970 (Part 4). Published in four volumes under title "AEC Authorizing Legislation Fiscal Year 1971." Record of Executive Hearings, March 19 and 20, 1970, published in separate volume "Naval Nuclear Propulsion Program-1970." S. 3818 introduced by Senator Pastore as "clean" bill to supersede S. 3409, May 11, 1970, 14816.

Senate Report filed (S. Rept. No. 91-852) May 11, 1970, 14816.

S. 3818 considered and passed in Senate, May 13, 1970, 15360, 15377–90. S. 3818 passed by the House in lieu of H.R. 17504, May 19, 1970, 16179. Examined and signed by Speaker of the House, May 21, 1970, 16472. Examined and signed by the Acting President Pro Tempore, May 21, 1970, 16475.

Presented to the President, May 21, 1970, 16475.

S. 3818, approved by the President on June 2, 1970, as Public Law 91-273, June 5, 1970, 18548.

COMPANION BILL-H.R. 17405

H.R. 15782 introduced by Mr. Holifield (by request), February 9, 1970, 2834.

Hearings: As listed above.

H.R. 17405 introduced by Messrs, Holifield, Price and Hosmer as
"clean" bill to supersede H.R. 15782, May 4, 1970, 14044.
House Report filed (H. Rept. No. 91-1036), May 4, 1970, 14043.
H.R. 17405 considered and passed in House, May 19, 1970, 16166-78.
Identical bill S. 3818 passed in lieu thereof, May 19, 1970, 16179.

84 Public Law 93-276 (88 Stat. 115) (1974), subsec. 107 (c), added subsec. 106 (c).

PUBLIC LAW 91-580 (AEC FISCAL YEAR 1971 SUPPLEMENTAL AUTHORIZATION ACT)

[91ST CONGRESS, S. 4557]

[DECEMBER 24, 1970]

AN ACT

To amend Public Law 91-273 to increase the authorization for appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 (b) of Public Law 91-273 is hereby amended by adding at the end thereof: "(9) Project 71-9, fire, safety, and adequacy of operating conditions projects, various locations, $25,500,000."

SEC. 2. Section 102(a) of Public Law 91-273 is amended by striking "and" after "(3)," and by inserting ", and (9)" after "(4)". Approved December 24, 1970.

INDEX TO LEGISLATIVE HISTORY OF PUBLIC LAW 91-580 (S. 4557) (Page references are to daily editions of the Congressional Record, 91st Cong., 2d Sess.)

S. 4557 introduced by Senator Pastore, December 3, 1970, S19284. Hearings: Full Joint Committee on Atomic Energy, Executive Session, December 3, 1970.

Senate Report filed (S. Rept. No. 91-1414), December 7, 1970, S19494. S. 4557 considered and passed in Senate, December 9, 1970, S19748. Examined and signed by Acting President pro tempore, December 14, 1970, S20056.

Examined and signed by Speaker of the House, December 14, 1970, H11681.

Presented to the President, December 14, 1970, S20075.

S. 4557 approved by the President, December 24, 1970, as Public Law 91-580, S21182 [December 28, 1970].

COMPANION BILL-H.R. 19908

H.R. 19908 introduced by Mr. Holifield (for himself, Mr. Price of Illinois, and Mr. Hosmer), December 3, 1970, H11145.

Hearings: As listed above.

House Report filed (H. Rept. No. 91-1677), December 7, 1970, H11298. Identical bill S. 4557 passed in lieu thereof, December 10, 1970, H11507.

PUBLIC LAW 92-84 (AEC AUTHORIZATION ACT FOR FISCAL YEAR 1972)

[AUGUST 11, 1971]

AN ACT

To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 101. There is hereby authorized to be appropriated to the Atomic Energy Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended:

(a) For "Operating expenses", $2,029,571,000, of which not less than $31,000,000 shall be available for controlled thermonuclear fusion research and development, and of which not more than $116,400,000 shall be available for operating costs for the high energy physics program category.

(b) For "Plant and capital equipment," including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following:

(1) NUCLEAR MATERIALS.

Project 72-1-a, electrical system modifications for higher power operation of gaseous diffusion plant, Paducah, Kentucky, $2,000,000. Project 72-1-b, cooling water system modifications for higher power operation of gaseous diffusion plant, Paducah, Kentucky, $2,800,000. Project 72-1-c, replacement of direct buried radioactive waste transfer lines, Richland, Washington, $2,300,000.

Project 72-1-d, irradiated fuel storage facility, National Reactor Testing Station, Idaho, $2,500,000.

Project 72-1-e, improvements in radioactive waste management and supporting facilities, multiple sites, $5,000,000.

Project 72-1-f, component preparation laboratories, multiple sites, $25,300,000.85

Project 72-1-g, facilities for integrated operation of chemical separations plants, Richland, Washington, $1,500,000.

Project 72-1-h, air filter for laboratory facilities, Savannah River, South Carolina. $2,500,000.

(2) ATOMIC WEAPONS.

Project 72-2-a, weapons production, development, and test installations, $10,000,000.

Project 72-2-b, weapons neutron research facility, Los Alamos Scientific Laboratory, New Mexico, $4,400,000.86

(3) REACTOR DEVELOPMENT.

Project 72-3-a, liquid metal engineering center facility modifications, Santa Susana, California, $1,000,000.

Public Law 92-314 (84 Stat. 299) (1972), subsec. 105(c), increased this amount from the originally authorized $3.000.000.

8 Public Law 92-314 (S4 Stat. 299) (1972). subsec. 105 (c), increased this amount from the originally authorized $585,000, and deleted the words "(AE only)".

[Project 72-3-b, national radioactive waste repository, site undetermined, $3,500,000: Provided, That, with respect to any site in the State of Kansas.

(A) Except as provided in subparagraph (E), no funds shall be obligated or expended (i) for the acquisition of a fee simple interest in land or for the acquisition of any other interest in land which exceeds three years from the date of enactment of this Act, or (ii) for or in connection with the burial of radioactive materials at the proposed site other than for experimental purposes, including demonstrations, and then only when and if such materials are fully retrievable throughout such three year period.

(B) The President of the United States shall appoint an advisory council which shall be composed of nine members at least three of whom shall be from Kansas. The advisory council may report to the Congress from time to time.

(C) The Atomic Energy Commission (acting directly or by contract) shall conduct laboratory and other tests and research. (whether onsite or elsewhere) relating to the safety of the project, the protection of public health, and the preservation of the quality of the environment before any high level radioactive waste material is placed in salt mines at the proposed site except as provided in subparagraph (A).

(D) No high level radioactive materials shall be buried or used. other than as provided by clause (ii) of subparagraph (A), at the proposed site until the advisory council reports to the Congress that construction and operation of such project and the transportation of waste materials to the project can be carried out in a manner which assures the safety of the project, the protection of public health, and the preservation of the quality of the environment of the region.

(E) The limitations provided by subparagraph (A) shall not apply after the expiration of sixty calendar days of continuous session of the Congress after the date on which the advisory council submits its report under subparagraph (D). For purposes of the preceding sentence, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the sixty-day period.] 87

Project 72-3-c, analytical support facility, Mound Laboratory. Miamisburg, Ohio, $850,000.

Project 72-3-d. research and development test plants. Project Rover. Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site. Nevada, $1,000,000.

(4) PHYSICAL RESEARCH.

Project 72-4-a, accelerator improvements, zero gradient synchrotron, Argonne National Laboratory, Illinois, $225,000.

Project 72-4-b, accelerator and reactor additions and modifications, Brookhaven National Laboratory, New York, $280.000.

Public Law 92-314 (84 Stat. 299) (1972). subsec. 105(c). amended this section br adding the words "site undetermined" in place of "Irons Kansas" and by adding the words "with respect to any site in the State of Kansas." Public Law 93-276 (88 Stat. 115) (1974). subsec. 108(b). rescinded the authorization for this project except for funds previously obligated.

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