Page:United States Statutes at Large Volume 110 Part 2.djvu/485

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PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-338 Corporation (including a director) continuously during the 45 days prior to the privatization date. (d) DISSOLUTION.—In the event that the privatization does not occur, the Corporation will provide for the dissolution of the private corporation within 1 year of the private corporation's incorporation unless the Secretary of the Treasury or his delegate, upon the Corporation's request, agrees to delay any such dissolution for an additional year. SEC. 3106. TRANSFERS TO THE PRIVATE CORPORATION. Concurrent with privatization, the Corporation shall transfer to the private corporation— (1) the lease of the gaseous diffusion plants in accordance with section 3107, (2) all personal property and inventories of the Corporation, (3) all contracts, agreements, and leases under section 3108(a), (4) the Corporation's right to purchase power from the Secretary under section 3108(b), (5) such funds in accounts of the Corporation held by the Treasury or on deposit with any bank or other financial institution as approved by the Secretary of the Treasury, and (6) all of the Corporation's records, including all of the papers and other documentary materials, regardless of physical form or characteristics, made or received by the Corporation. SEC. 3107. LEASING OF GASEOUS DIFFUSION FACILITIES. (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) ENVlRONMENTi^iJ. AuDlT.— 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)). 42 USC 2297h-4. Records. 42 USC 2297h-5.