42 U.S.C. § 2391 : US Code - Section 2391: Assistance to governmental entities

Search 42 U.S.C. § 2391 : US Code - Section 2391: Assistance to governmental entities

(a) Annual assistance payments; extensions; determination of amount
and recipient
From the date of transfer of any municipal installations to a
governmental or other entity at or for the community, the
Administrator is authorized, for a period of ten years, to make
annual assistance payments of just and reasonable sums to the
State, county, or local entity having jurisdiction to collect
property taxes or to the entity receiving the installation
transferred hereunder: Provided, however, That with respect to the
cities of Oak Ridge, Tennessee, and Richland, Washington, the
Richland School District, the Los Alamos School Board, and the
county of Los Alamos, New Mexico, the Administrator is authorized
to continue to make assistance payments of just and reasonable sums
after expiration of such ten-year period: Provided further, That
the Administrator is also authorized to make payments of just and
reasonable sums to Anderson County and Roane County, Tennessee. In
determining the amount and recipient of such payments the
Administrator shall consider -
(1) the approximate real property taxes and assessments for
local improvements which would be paid to the governmental entity
upon property within the community if such property were not
exempt from taxation by reason of Federal ownership;
(2) the maintaining of municipal services at a level which will
not impede the recruitment or retention of personnel essential to
the Energy Research and Development Administration programs;
(3) the fiscal problems peculiar to the governmental entity by
reason of the construction at the community as a single-purpose
national defense installation under emergency conditions;
(4) the municipal services and other burdens imposed on the
governmental or other entities at the community by the United
States in its operations in the project area; and
(5) the tax revenues and sources available to the governmental
entity, its efforts and diligence in collection of taxes,
assessment of property, and the efficiency of its operations.
(b) Special interim payments
Special interim payments may be made under the provisions of this
section to any governmental entity which -
(1) has a special burden due to the requirements under law
imposed upon it in assisting in effectuating the purposes of this
chapter for which it will not otherwise receive adequate
compensation or revenues; or
(2) will suffer a tax loss or lapse in place of which it will
not receive any other adequate revenues until the new
governmental entities contemplated by this subchapter are
receiving their normal taxes and performing their normal
functions.
(c) Payments for special burdens
Payments made under this section shall be payments made for
special burdens imposed on the local governmental entities in
accordance with the second sentence of section 2208 of this title.
Payments may be made under this section notwithstanding the
provisions of the Act of September 30, 1950 (!1) (Public Law 874,
Eighty-first Congress), as amended.
(d) Recommendation for further assistance payments
With respect to any entity not less than six months prior to the
expiration of the ten-year period referred to in subsection (a) of
this section (or not less than six months prior to June 30, 1979,
in the case of the cities of Oak Ridge, Tennessee, and Richland,
Washington, and the Richland School District; or not less than six
months prior to June 30, 1986, in the case of Anderson County and
Roane County, Tennessee; or not later than June 30, 1996, in the
case of the Los Alamos School Board and the county of Los Alamos,
New Mexico), the Administrator shall present to the appropriate
committees of the House of Representatives and the Senate
recommendations as to the need for any further assistance payments
to such entity. If the recommendation under the preceding sentence
regarding the Los Alamos School Board or the county of Los Alamos,
New Mexico, indicates a need for further assistance for the school
board or the county, as the case may be, after June 30, 1997, the
recommendation shall include a report and plan describing the
actions required to eliminate the need for further assistance for
the school board or the county, including a proposal for
legislative action to carry out the plan.
(e) Reduction or termination of assistance payments; determination
by Administrator of financial self-sufficiency
In exercising the authority of subsection (a) of this section the
Administrator shall assure that the governmental or other entities
receiving assistance hereunder utilize all reasonable, available
means to achieve financial self-sufficiency to the end that
assistance payments by the Administrator may be reduced or
terminated at the earliest practical time.