REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in the text, is classified to chapter 23 of this title.

§ 2306. Qualification to purchase.

No officer or employee of the Commission or of any other Federal agency (including officers and members of the Armed Forces) shall be disqualified from purchasing any property or exercising any right or privilege under this chapter, but no such officer or employee shall make any determination as to his own eligibility or priority, or as to valuation, price, or terms of sale and financing of property sold to him. (Aug. 4, 1955, ch. 543, ch. 11, § 112, 69 Stat. 483.)

§ 2307. Form and contents of contracts, mortgages, and other instruments.

Contracts entered into pursuant to this chapter and other instruments executed pursuant to this chapter shall be in such form and contain such provisions, consistent with this chapter, as the Commission shall prescribe; and shall be as simple and concise as possible. Any mortgage shall contain terms which will place the United States in the same position, with respect to any mortgages it may hold under the provisions of sections 2361-2366 of this title, as that occupied by a private lender under the applicable State laws for the relief of mortgagors with respect to deficiency judgments. (Aug. 4, 1955, ch. 543, ch. 11, § 113, 69 Stat. 483.)

§ 2308. Conclusive evidence of compliance with chapter. A deed, lease, contract, or other instrument executed by or on behalf of the Commission purporting to transfer title or any other interest in property disposed of pursuant to this chapter shall be conclusive evidence of compliance with the provisions of this chapter and rules and regulations promulgated thereunder, insofar as concerns title or other interest of any bona fide grantee or transferee for value without notice of lack of such compliance, and his successors in title. (Aug. 4, 1955, ch. 543, ch. 11, § 114, 69 Stat. 483.)

§ 2309. Administrative review.

Determinations authorized by this chapter to be made by the Commission as to classification, priorities, prices, and terms and conditions of sale of property disposed under this chapter shall be subject to review only in accordance with such provisions for administrative review or reconsideration as the Commission may prescribe. (Aug. 4, 1955, ch. 543, ch. 11, § 115, 69 Stat. 483.)

§ 2310. Repossession of property; powers of Commission.

The Commission is authorized to repossess any property sold by it in accordance with the terms of any contract to purchase, mortgage or other instrument, and to sell or make any other disposition of any property so repossessed and any property purchased by it pursuant to section 2366 of this title. Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, the Commission shall have power to deal with, complete, operate, rent, renovate, modernize, insure, or sell for cash

or credit, in its discretion, any properties acquired pursuant to this chapter, and to pursue to final collection, by way of compromise or otherwise, all claims arising pursuant to this section: Provided, That expenses authorized by this section shall be considered nonadministrative expenses: Provided further, That section 5 of Title 41 shall not apply to any contract entered into pursuant to this section if the amount thereof does not exceed $1,000. (Aug. 4, 1955, ch. 543, ch. 11, § 116, 69 Stat. 483; July 25, 1956, ch. 731, § 3, 70 Stat. 653.)

AMENDMENTS

1956-Act July 25, 1956 specifically enumerated powers of the Commission in relation to properties acquired pursuant to this chapter, authorized the final collection of claims by way of compromise or otherwise, to provide that expenses authorized by this section shall be considered nonadministrative expenses, and excepted contracts that do not exceed $1,000 from the provisions of section 5 of Title 41.

§ 2311. Community Disposal Operations Fund; availability; liquidating dividends.

(a) There is established as of June 30, 1956, a Community Disposal Operations Fund, and the Commission (or the head of such agency as may be carrying out the sales and financing functions of the Commission pursuant to a delegation by the President under section 2313 of this title) is authorized to credit said fund with all moneys hereafter obtained or now held by it and to account under said fund for all assets and liabilities held or acquired by it in connection with its sales and financing functions under this chapter, and to make temporary advances to such fund, from any other funds available for expenses of operations of such Commission or agency, as may be required to carry out such functions pending the realization of sufficient proceeds under the provisions of this chapter: Provided, That any such advances shall be repaid to the source appropriation or fund, to the extent of any unobligated balances available in the Community Disposal Operations Fund, prior to the close of the fiscal year during which such advances are made.

(b) The Community Disposal Operations Fund shall be available to pay for all necessary costs, expenses (including administrative expenses), losses or obligations incurred in connection with the aforesaid functions, including expenses incident to sale, or other transfer and any financing under section 2362 of this title, indemnities under sections 23632366 of this title, and expenses authorized by section 2310 of this title, and expenses in connection with the defense and payment of any claims for breaches of warranties and covenants of title of any property disposed of pursuant to this chapter.

(c) Any amount in said fund which is determined to be in excess of requirements for the purposes thereof shall be declared and paid as liquidating dividends to the Treasury, not less often than annually. (Aug. 4, 1955, ch. 543, ch. 11, § 117, 69 Stat. 483; July 25, 1956, ch. 731, § 4, 70 Stat. 654.)

AMENDMENTS

1956-Act July 25, 1956, amended section generally to establish the Community Disposal Operations Fund, to provide for its availability, and to require excess amounts to be paid as liquidating dividends to the Treasury. Former provisions of this section required that the net

proceeds derived by the Commission from the disposal of property pursuant to this chapter were to be covered into the Treasury.

§ 2312. Appropriations.

(a) There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter.

(b) There are authorized to be appropriated the sum of $518,000 at Oak Ridge and the sum of $2,215,000 at Richland, and the sum of $8,719,000, at Los Alamos for construction, modification, or expansion of municipal installations and utilities authorized to be transferred pursuant to sections 2381-2386 of this title.

(c) Repealed. July 25, 1956, ch. 731, § 5, 70 Stat. 654.

(Aug. 4, 1955, ch. 543, ch. 11, § 118, 69 Stat. 484; July 25, 1956, ch. 731, §§ 5, 6, 70 Stat. 654; Sept. 28, 1962, Pub. L. 87-719, § 24, 76 Stat. 666.)

AMENDMENTS

1962-Subsec. (b). Pub. L. 87-719 authorized an appropriation of $8,719,000 at Los Alamos and use of appropriations for utilities.

1956 Subsec. (b). Act July 25, 1956, § 6, substituted "$2,215,000" for "$2,165,000".

Subsec. (c), which appropriated funds derived from the disposal of property to pay any costs, losses, expenses, or obligations incurred by the Commission, was repealed by act July 25, 1956, § 5, and is now covered by section 2311 (b) of this title.

§ 2313. Transfer of functions.

The President is authorized to delegate the duties and responsibilities placed on the Commission by this chapter to such other agencies of the United States Government as are reasonably qualified to perform those duties and responsibilities. The President may delegate any or all of the duties and responsibilities of the Commission in the operation of the communities to such other agencies of the United States Government that are reasonably qualified to perform those duties and responsibilities. The Commission shall retain no financing duties and responsibilities. (Aug. 4, 1955, ch. 543, ch. 10, § 101, 69 Stat. 482.) Ex. ORD. NO. 10657. TRANSFER OF FUNCTIONS TO HOUSING AND HOME FINANCE ADMINISTRATOR

Ex. Ord. No. 10657, Feb. 14, 1956, 21 F.R. 1063, as amended by Ex. Ord. No. 10734, Oct. 17, 1957, 22 F.R. 8275; Ex. Ord. No. 11105, Apr. 18, 1963, 28 F.R. 3909, provided:

By virtue of the authority vested in me by the Atomic Energy Community Act of 1955 (69 Stat. 471) (this chapter], hereinafter called the Act, and particularly by section 101 thereof (this section], and as President of the United States, it is ordered as follows:

SECTION 1. There are hereby transferred to the Housing and Home Finance Administrator (hereafter called the Administrator) all of the functions, duties, and responsibilities of the Atomic Energy Commission (hereinafter called the Commission) under sections 34 to 36, inclusive, sections 51 to 55, inclusive, section 57, sections 61 to 66, inclusive, and section 116, of the Act [sections 2324-2326, 2341-2345, 2347, 2361-2366, 2310, respectively, of this title], and under the third sentence of section 32 of the Act [section 2322 of this title], with the following exceptions and qualifications:

(a) The Commission shall retain the power and duty of, and the responsibility for, (1) determining the property to be offered for disposal pursuant to section 52 [section 2342 of this title], the improvements to be designated as eligible for a credit under subsections 36a and 36b [section 2326 (a), (b) of this title], the extent to which a lessee has been previously compensated for improvements under subsection 36a [section 2326 (a) of this

title], and the provisions and procedures to be adopted pursuant to subsections 55b to 55e, inclusive [section 2345 (b)-(e) of this title], and (ii) removing or transferring property pursuant to subsections 52a (1) and 52a (2) [section 2342 (a) (1), (2) of this title].

(b) The Commission shall retain such duties and responsibilities under section 57a [section 2347 (a) of this title] as it shall specify and give notice thereof to the Administrator.

(c) The Administrator may reimburse the Federal Housing Commissioner, under the aforesaid third sentence of section 32 of the Act [section 2322 of this title], from the Community Disposal Operations Fund established under section 117 of the Act [section 2311 of this title]. SEC. 2. There shall be transferred to the administrator, who shall thereafter exercise full jurisdiction in connection therewith, all interests, rights, powers, duties, and responsibilities of the United States, including any interests, powers, rights, duties, and responsibilities of the Commission under the Act or any act, with respect to the following (except such interests, powers, rights, duties, and responsibilities as the Commission and the Administrator may mutually agree shall be retained by the Commission):

(a) The property designated for disposal by the Commission pursuant to section 52 of the Act [section 2342 of this title], including all interests, powers, rights, duties, and responsibilities arising as a result of deeds executed by the Commission pursuant to the provisions of subsection 57a of the Act [section 2347 (a) of this title].

(b) The deeds for church land and the deed to the State of Tennessee for National Guard purposes, executed by the Commission pursuant to the Atomic Energy Act of 1946, as amended [former section 1801 et seq. of this title], or the Atomic Energy Act of 1954, as amended [section 2011 et seq. of this title].

SEC. 3. The transfers specified in section 2 hereof shall be effective:

(a) As to each parcel of property offered for disposal pursuant to the provisions of section 52 of the Act [section 2342 of this title], on the date the Administrator executes a deed as provided in section 55 [section 2345 of this title], or a contract to purchase as provided in section 61 [section 2361 of this title], with respect to each such parcel of property; and

(b) In the case of deeds executed by the Commission pursuant to the provisions of subsection 57a of the Act [section 2347 (a) of this title], or referred to under subsection 2 (b) of this order, on the date of this order or the execution of such deeds, whichever is later.

SEC. 4. To the extent necessary or appropriate to enable him to perform or exercise the functions, duties, and responsibilities transferred to him by this order, the Administrator, and such officers or employees to whom he may delegate authority with respect to such functions, duties, and responsibilities, may perform or exercise any of the functions, duties, or responsibilities conferred upon the Commission by the Act, including, specifically, chapter 11 thereof [sections 2305-2312 of this title]. Any funds derived by the Commission from the disposal of property under the Act, including funds derived from the disposal of property under subsection 57a of the Act [section 2347 (a) of this title], shall be transferred to the Administrator, but shall otherwise remain subject to the provisions of section 117 and subsection 118c of the Act [sections 2311, 2312 (c) of this title].

SEC. 5. The Commission and the Administrator shall keep each other currently advised as to action taken pursuant to the Act, shall consult with each other on all matters arising under the Act or this order which either agency deems to be of mutual concern, and may jointly agree upon such further measures, not inconsistent with the Act or this order, as will promote the expeditious and effective accomplishment of the policy and purposes of the Act.

SEC. 6. Executive Order No. 9816 of December 31, 1946 [set out as a note under section 2031 of this title], is hereby amended to the extent that it may be inconsistent with this order.

SEC. 7. Nothing in this order shall invalidate any action taken by the Commission prior to the effective date of this order, or impair or affect any outstanding obligations or contracts of the Commission, or impair any

power or authority of the Commission with respect to functions not transferred by or pursuant to this order. No person affected by any action taken by either the Commission or the Administrator, or by any person acting under authority delegated to him consonant, with law, shall be entitled to challenge the validity thereof or otherwise excuse his actions or failure to act on the grounds that pursuant to the provisions of this order such action was within the jurisdiction of the Commission rather than the Administrator or vice versa. SEC. 8. Nothing in this order shall be applicable to the community of Los Alamos, New Mexico.

DWIGHT D. EISENHOWER

EX. ORD. NO. 10734

Section 2 of Ex. Ord. 10734, Oct. 17, 1957, 22 F.R. 8275, provided that:

"Each reference to 'the Act' in the said Executive Order No. 10657, as amended, shall be deemed to include, except as may be inappropriate, a reference to the Atomic Energy Community Act of 1955, as amended [this chapter]." Ex. ORD. No. 11105. TRANSFER OF FUNCTIONS TO HOUSING AND HOME FINANCE ADMINISTRATOR

Ex. Ord. No. 11105, Apr. 18, 1963, 28 F.R. 3909, provided: By virtue of the authority vested in me by the Atomic Energy Community Act of 1955 (69 Stat. 471), as amended [this chapter] (hereinafter called the Act) and particularly by Section 101 thereof [this section], and as President of the United States, it is ordered as follows:

SECTION 1. The provisions of Sections 2 to 8, inclusive, of this order shall be applicable to the community of Los Alamos, New Mexico, but shall not be applicable to the community of Oak Ridge, Tennessee, or to the community of Richland, Washington.

SEC. 2. There are hereby transferred to the Housing and Home Finance Administrator (hereinafter called the Administration) all of the functions, duties, and responsibilities of the Atomic Energy Commission (hereinafter called the Commission) (1) under Sections 34 to 36, inclusive, Sections 51 to 55, inclusive, Section 57, Sections 61 to 66, inclusive, and Section 116 of the Act [sections 2324-2326, 2341-2345, 2347, 2361-2366, 2310, respectively, of this title], (ii) under the last sentence of Section 56 of the Act [section 2346 of this title], and (iii) with respect to sales of apartment buildings to cooperatives under Section 58 of the Act [section 2348 of this title], with the following exceptions and qualifications:

(a) The Commission shall retain the power and duty of, and the responsibility for, (1) determining the property to be offered for disposal pursuant to Section 52 of the Act [section 2342 of this title], including the timing thereof, the improvements to be designated as eligible for a credit under subsections 36a and 36b [section 2326 (a), (b) of this title], the extent to which a lessee has been previously compensated for improvements under subsection 36a [section 2326(a) of this title], and the provisions and procedures to be adopted pursuant to subsections 55b to 55e [section 2345 (b)-(e) of this title], inclusive, and (11) removing, transferring or designating property pursuant to subsections 52a (1), 52a(2), and 52a (3) [section 2342(a) (1), (2), and (3) of this title].

(b) The Commission shall retain all duties, functions and responsibilities under subsection 57b of the Act [section 2347(b) of this title], both as to existing lots and lots developed or to be developed under the Act or any other Act, except as the Commission and the Administrator may mutually agree should be transferred to the Administrator.

SEC. 3. There shall be transferred to the Administrator, who shall thereafter exercise full jurisdiction in connection therewith, all interests, rights, powers, duties, and responsibilities of the United States, including any interests, rights, powers, duties, and responsibilities of the Commission under the Act or any act (except such interests, rights, powers, duties, and responsibilities as the Commission and the Administrator may mutually agree shall be retained by the Commission), with respect to the property designated by the Commission for disposal by the Administrator, pursuant to Section 52 of the Act [section 2342 of this title].

SEC. 4. The transfers specified in Section 3 hereof shall be effective as to each parcel of property offered for disposal pursuant to Section 52 of the Act [section 2342 of

this title], on the date the Administrator executes a deed as provided in Section 55 [section 2345 of this title], or a contract to purchase as provided in Section 61 [section 2361 of this title], with respect to each such parcel of property.

SEC. 5. To the extent necessary or appropriate to enable him to perform or exercise the functions, duties, and responsibilities transferred to him by this order, the Administrator, and such officers or employees to whom he may delegate authority with respect to such functions, duties, and responsibilities, may perform or exercise any of the functions, duties, or responsibilities conferred upon the Commission by the Act, including, specifically, Chapter 11 [section 2305-2312 of this title] thereof. Any funds derived by the Commission from the disposal of property under the Act, including funds derived from the disposal of property under subsection 57b of the Act [section 2347(b) of this title], shall be transferred to the Administrator, but shall otherwise remain subject to the provisions of Section 117 of the Act [section 2311 of this title].

SEC. 6. The Commission and the Administrator shall keep each other currently advised as to action taken pursuant to the Act, shall consult with each other on all matters arising under the Act or this order which either agency deems to be of mutual concern, and may jointly agree upon such further measures, not inconsistent with the Act or this order, as will promote the expeditious and effective accomplishment of the policy and purposes of the Act.

SEC. 7. Executive Order No. 9816 of December 31, 1946 [section out as a note under section 2031 of this title], is hereby amended to the extent that it may be inconsistent with this order.

SEC. 8. Nothing in this order shall invalidate any action taken by the Commission prior to the effective date of this order, or impair or affect any outstanding obligations or contracts of the Commission, or impair any power or authority of the Commission with respect to functions not transferred by or pursuant to this order. No person affected by any action taken by either the Commission or the Administrator, or by any person acting under authority delegated to him consonant with law, shall be entitled to challenge the validity thereof or otherwise excuse his action or failure to act on the grounds that pursuant to the provisions of this order such action was within the jurisdiction of the Commission rather than the Administrator, or vice versa.

SEC. 9. Executive Order No. 10657 of February 14, 1956, as amended [set out as note under this section], is hereby further amended by adding at the end thereof a new Section 8, reading as follows:

SEC. 8. Nothing in this order shall be applicable to the community of Los Alamos, New Mexico.

§ 2314. Review of activities.

JOHN F. KENNEDY

The Commission shall present to the Joint Committee on Atomic Energy of the Congress a full review of its activities under this chapter every three years in addition to any other presentation which may be required or requested by the Joint Committee. (Aug. 4, 1955, ch. 543, ch. 10, § 102, 69 Stat. 483.)

§ 2315. Applicability of sections 2251-2257 of this title. The provisions of sections 2251-2257 of this title shall be applicable to all matters under this chapter. (Aug. 4, 1955, ch. 543, ch. 10, § 103, 69 Stat. 483.)

SUBCHAPTER II.-LOTS, APPRAISALS, AND PRICES

§ 2321. Lots; establishment of boundaries.

The Commission is authorized to plat each community immediately upon passage of this chapter, or immediately upon the inclusion of the community within the provisions of this chapter. The Commission may establish lot boundaries, and re

Page 8101

aline, divide, or enlarge existing tracts as it deems appropriate. (Aug. 4, 1955, ch. 543, ch. 3, § 31, 69 Stat. 474.)

§ 2322. Appraisal of property.

The Commission shall proceed to secure appraisals of all property at the community which is to be sold pursuant to this chapter. The appraisals shall be made by the Federal Housing Commissioner or his designee. The Federal Housing Commissioner shall be reimbursed from the Community Disposal Operations Fund for the cost of such appraisals. Appraisals made under this section shall be the appraisals on which the Federal Housing Commissioner may insure any mortgage or loan under the National Housing Act until such time as he finds that the appraisal values generally in the community no longer represent the fair market values of the properties. (Aug. 4, 1955, ch. 543, ch. 3, § 32, 69 Stat. 474; Sept. 28, 1962, Pub. L. 87-719, § 5, 76 Stat. 664.) REFERENCES IN TEXT

The National Housing Act, referred to in the text, is classified to chapter 13 of Title 12, Banks and Banking. AMENDMENTS

1962-Pub. L. 87-719 substituted "The Federal Housing Commissioner shall be reimbursed from the Community Disposal Operations Fund for the cost of such appraisals" for "The Commission shall reimburse the Federal Housing Commissioner for the cost of such appraisals."

§ 2323. Basis of appraisal.

Except for lots sold pursuant to the provisions of section 2347 (a) of this title, the appraised value shall be the current fair market value of the Government's interest in the property. (Aug. 4, 1955, ch. 543, ch. 3, § 33, 69 Stat. 474.)

§ 2324. Posting of lists showing appraised value.

Lists showing the appraised value of each parcel of property to be offered for sale to priority purchasers shall, prior to the offering of such property for sale, be made available for public inspection, at reasonable times, at the offices of the Commission at the community. (Aug. 4, 1955, ch. 543, ch. 3, § 34, 69 Stat. 474.)

§ 2325. Sales price; appraised value of interest in commercial property.

(a) In the sale to priority purchasers of properties on which are located Government-owned single or duplex houses, the sales price shall be the appraised value less a deduction of 15 per centum of the appraised value and less the deductions provided by section 2326 of this title.

(b) In all other cases the sales price to priority purchasers shall be the appraised value less the deductions provided by section 2326 of this title, except that sales made under sections 2343 (b) and 2343 (c) of this title shall be made at the prices set forth therein.

(c) The appraised value of the Government's interest in commercial property shall, in the cases where renegotiation of the lease is requested by the lessee under the provisions of section 2201 (e) of this title be based upon the renegotiated lease if any is agreed on. Where such renegotiations are requested, the sales proceedings shall not be initiated until the completion of the renegotiation. (Aug. 4, 1955, ch.

§ 2326

543, ch. 3, § 35, 69 Stat. 474; Aug. 21, 1957, Pub. L. 85-162, title II, § 202, 71 Stat. 410.)

AMENDMENTS

1957-Subsec. (c). Pub. L. 85-162 added subsec. (c). REPORT WITH RESPECT TO RENEGOTIATIONS, REAPPRAISALS, AND SALES PROCEEDINGS

The Atomic Energy Commission, the Federal Housing Administration, and the Housing and Home Finance Agency required to report to the Joint Committee by January 31, 1958, with respect to the renegotiations, reappraisals, and sales proceedings authorized under sub-sec. (c) of this section, see section 203 of Pub. L. 85-162, set out as a note under section 2201 of this title.

§ 2326. Deductions from sales price. (a) Improvements.

In addition to any other deduction which may be permitted from the sales price for property, there shall, upon application by the prospective purchaser, be deducted the amount by which the current fair market value of the Government's interest in the premises is enhanced as a result of improvements to the premises made by, or at the expense of, the prospective purchaser: Provided, That, with reference to commercial property, the improvement credit allowed shall be the value of the enhancement of the Government's interest in the property, as determined by the Commission on the basis of the appraisal provided for under section 2322 of this title: Provided further, That such credit shall be reduced to the extent that lessee has been previously compensated therefor, as determined by the Commission, under the terms of the lease or otherwise.

(b) Improvements by occupant of single family or duplex house.

An occupant of a single family or duplex house shall, upon application therefor, be entitled to a credit, against the purchase price of any residential property purchased through the exercise of a priority right established under the provisions of section 2332 of this title for the amount by which the current fair market value of the Government's interest in the single family or duplex house of which he was an occupant is enhanced as a result of improvements to the premises of such single family or duplex house made by, or at the expense of, such occupant.

(c) Determination of value of improvements.

The value of the improvements as specified in subsections (a) and (b) of this section shall be determined in accordance with the provisions of section 2322 of this title.

(d) Additional deduction to persons purchasing property without benefit of indemnity provisions. Persons purchasing property pursuant to the provisions of section 2342 of this title, who do not desire to avail themselves of the indemnity provisions contained in sections 2363-2366 of this title, shall be entitled to an additional deduction of 10 per centum of the appraised value of the property in addition to any other deduction set forth in this section. (Aug. 4, 1955, ch. 543, ch. 3, § 36, 69 Stat. 474; July 25, 1956, ch. 731, § 1, 70 Stat. 653; Sept. 28, 1962, Pub. L. 87-719, § 6, 76 Stat. 664.)

AMENDMENTS

1962 Subsec. (b). Pub. L. 87-719 substituted authorization of a credit for improvements by occupant of single family or duplex house for such improvements by junior occupant of duplex house.

1956 Subsec. (a). Act July 25, 1956 authorized an improvement credit for commercial property.

SUBCHAPTER III.-CLASSIFICATION OF
PROPERTY AND PRIORITIES

§ 2331. Classification of property.

(a) Immediately upon passage of this chapter, or, in the case of Los Alamos, upon its inclusion within this chapter, the Commission shall classify all real property (including such improvements and such fixtures, equipment and other personal property incident thereto as it may deem appropriate) within each community in accordance with such classifications as shall insure reasonably similar treatment for reasonably similar property. The Classification shall be made by such procedures, consistent with this subchapter, as it shall determine.

(b) The Commission may, but shall not be required to, classify any other real property at or in the vicinity of the community, whether within or outside of that community.

(c) Prior to the date any residential property is first offered for sale at Los Alamos, the Commission shall further classify each residential structure within the community of Los Alamos either as a single family house, a duplex house, an apartment house, a dormitory, or as a residential structure containing two or more separate single family units and shall post, at the offices of the Commission at Los Alamos, a list, available for public inspection at reasonable times, showing the classification of each such residential structure. For the purposes of this chapter, each such residential structure will thereafter be deemed to be a single family house, a duplex house, an apartment house, a dormitory, or a residential structure containing two or more separate single family units in accordance with its classification. In determining the classification of each such residential structure containing two or more single family units, the Commission shall consider (1) the practicability of selling separately the single family units, and (2) the insurability of mortgages under section 1715n (a) of Title 12. (Aug. 4, 1955, ch. 543, ch. 4, § 41, 69 Stat. 475; Sept. 28, 1962, Pub. L. 87-719, §§ 7, 8, 76 Stat. 664.)

AMENDMENTS

1962-Subsec. (a). Pub. L. 87-719, § 7, inserted ", or, in the case of Los Alamos, upon its inclusion within this chapter" following "chapter."

Subsec. (c). Pub. L. 87-719, § 8, added subsec. (c).

§ 2332. Priorities; uniformity; preferences; impairment of rights.

The Commission shall establish, by rule or regulation, a detailed system of reasonable and fair priority rights applicable to the sale of Government-owned property to private purchasers at each community. The priorities shall

(a) be uniform in each class or subclass of property;

(b) give such preference to occupants and projectconnected persons and to incoming employees of the Commission, of a contractor, or of a licensee as the Commission finds necessary or desirable, giving due consideration to the following factors:

(1) The retention and recruitment of personnel essential to the atomic energy program;

(2) The minimization of dislocations within the community;

(3) The expeditious accomplishment of the disposal program; and

(4) The desirability of encouraging private firms to locate or remain in the community;

(c) give the occupant of a Government-owned single family house, and the senior occupant of a duplex house, at least ninety days in which to exercise the first right of priority;

(d) permit persons who have formerly been occupants, project-connected persons, or inhabitants of the community, upon application therefor, to have such priority as the Commission finds to be fair and equitable; and

(e) not impair any rights, including purchase rights, conferred by existing leases and covenants. (Aug. 4, 1955, ch. 543, ch. 4, § 42, 69 Stat. 475.)

§ 2333. Transfer of priorities.

No priority shall be transferable, except(a) a husband and wife may exercise a priority in their joint names;

(b) a religious organization may exercise the priority which would otherwise belong to its priest, minister, or rabbi, regardless of whether that position happens to be filled at the time of the exercise of the priority;

(c) two or more priority holders having a common interest in a building or location may assign their interests to a single assignee; and

(d) the Commission may permit such other transfers as it finds to be fair and equitable. (Aug. 4, 1955, ch. 543, ch. 4, § 43, 69 Stat. 476.)

SUBCHAPTER IV.-SALES OF PROPERTY FOR PRIVATE USE

§ 2341. Applicability of subchapter.

The provisions of this subchapter shall be made applicable at each community as soon as the Commission makes a finding in writing that there is a reasonable possibility that the Government-owned real property at such community can be disposed of in accordance with the provisions of this subchapter. (Aug. 4, 1955, ch. 543, ch. 5, § 51, 69 Stat. 476.)

§ 2342. Disposal of property.

(a) Property under lease or license agreement.

The Commission shall offer for disposal all real property (including such improvements thereon and such fixtures, equipment, and other personal property incident thereto as it may deem appropriate) within the community which is presently under lease or license agreement with the Commission or its community management contractor for residential, commercial or industrial, agricultural, church or other nonprofit use, or which, in the opinion of the Commission, is appropriate for such use, other than

(1) structures which in the opinion of the Commission should be removed from the community because of their unsatisfactory type of construction, condition, or location; or

(2) property which in the opinion of the Commission should be transferred pursuant to, sections 2371-2375 or 2381-2386 of this title.