§2297c–2. Leasing of gaseous diffusion facilities of Department

(a) In general

The Corporation shall lease the Paducah Gaseous Diffusion Plant in Paducah, Kentucky, the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio, and related property of the Department, for a period of 6 years from the transition date. Thereafter, the Corporation shall have the exclusive option to lease such facilities and related property for additional periods.

(b) Terms of lease

The Corporation and the Department shall set mutually agreeable terms for a lease under subsection (a) of this section, including specifying annual payments to the Department by the Corporation to be made. The amount of annual payments shall be equal to the cost incurred by the Department in administering the lease and providing services related to the lease to the Corporation (excluding depreciation and imputed interest on original plant investments in the Department's gaseous diffusion plants and costs under subsection (d) of this section).

(c) Exclusion of facilities for production of highly enriched uranium

Subsection (a) of this section shall not apply to Department facilities necessary for the production of highly enriched uranium. The Secretary may grant to 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 the transition date, in connection with property of the Department leased under subsection (a) of this section, shall remain the sole responsibility of the Department.

(e) Environmental audit

The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall conduct a comprehensive environmental audit identifying environmental conditions that will remain the responsibility of the Department pursuant to subsection (d) of this section after the transition date. Such audit shall be completed no later than the transition date.

(f) Treatment under Price-Anderson provisions

Any lease executed between the Secretary and the Corporation under this section shall be deemed to be a contract for purposes of section 2210(d) of this title.

(g) Waiver of EIS requirement

The execution of the lease by the Corporation and the Department shall not be considered a major Federal action significantly affecting the quality of the human environment for purposes of section 4332 of this title.

(Aug. 1, 1946, ch. 724, title II, §1403, as added Oct. 24, 1992, Pub. L. 102–486, title IX, §901, 106 Stat. 2935 .)

Section Referred to in Other Sections

This section is referred to in section 2201 of this title.