Page:United States Statutes at Large Volume 110 Part 2.djvu/486

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110 STAT. 1321-339 PUBLIC LAW 104-134—APR. 26, 1996 (g) WAIVER OF EIS REQUIREMENT. — The execution or transfer of the lease between the Secretary and the Corporation or the private corporation, and any extension or renewal thereof, shall not be considered to be a major Federal action significantly affecting the quality of the human environment for purposes of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). 42 USC 2297h-6. SEC. 3108. TRANSFER OF CONTRACTS. (a) TRANSFER OF CONTRACTS.—Concurrent with privatization, the Corporation shall transfer to the private corporation all contracts, agreements, and leases, including all uranium enrichment contracts, that were— (1) transferred by the Secretary to the Corporation pursuant to section 1401(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c(b)), or (2) entered into by the Corporation before the privatization date. (b) NONTRANSFERABLE POWER CONTRACTS.— The Corporation shall transfer to the private corporation the right to purchase power from the Secretary under the power purchase contracts for the gaseous diffusion plants executed by the Secretary before July 1, 1993. The Secretary shall continue to receive power for the gaseous diffusion plants under such contracts and shall continue to resell such power to the private corporation at cost during the term of such contracts. (c) EFFECT OF TRANSFER. -— (1) Notwithstanding subsection (a), the United States shall remain obligated to the parties to the contracts, agreements, and leases transferred under subsection (a) for the performance of its obligations under such contracts, agreements, or leases during their terms. Performance of such obligations by the private corporation shall be considered performance by the United States. (2) If a contract, agreement, or lease transferred under subsection (a) is terminated, extended, or materially amended after the privatization date— (A) the private corporation shall be responsible for any obligation arising under such contract, agreement, or lease after any extension or material amendment, and (B) the United States shall be responsible for any obligation arising under the contract, agreement, or lease before the termination, extension, or material amendment. (3) The private corporation shall reimburse the United States for any amount paid by the United States under a settlement agreement entered into with the consent of the private corporation or under a judgment, if the settlement or judgment— (A) arises out of an obligation under a contract, agreement, or lease transferred under subsection (a), and (B) arises out of actions of the private corporation between the privatization date and the date of a termination, extension, or material amendment of such contract, agreement, or lease. (d) PRICING. —The Corporation may establish prices for its products, materials, and services provided to customers on a basis that will allow it to attain the normal business objectives of a profit making corporation. 42 USC 2297h-7. SEC. 3109. LIABILITIES. (a) LIABILITY OF THE UNITED STATES.—(1) Except as otherwise provided in this subchapter, all liabilities arising out of the oper-