930
PUBLIC LAW 70a-AUG. 30, 1954
[68 S T A T.
material within or under the jurisdiction of the United States, now or hereafter produced, shall be the property of the United States and shall be administered and controlled by the Commission as agent of and on behalf of the United States by virtue of this Act. Any person owning any interest in any special nuclear material at the time when such material is hereafter determined to be a special nuclear material shall be paid just compensation therefor. Any person who lawfully produces any special nuclear material, except pursuant to a contract with the Commission under the provisions of section 31 or 41, shall be paid a fair price, determined pursuant to section 56, for producing such material. "SEC. RIAL,—
Licenses.
Charges.
53.
DOMESTIC DISTRIBUTION OF SPECIAL NUCLEAR MATE-
ii^ rpj^^ Commission is authorized to issue licenses for the possession of, to make available for the period of the license, and to distribute special nuclear material within the United States to qualified applicants requesting such material— "(1) for the conduct of research and development activities of the types specified in section 31; " (2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to section 104; or "(3) for use under a license issued pursuant to section 103. "b. The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of special nuclear material depending upon the degree of importance to the common defense and security or to the health and safety of the public of— "(1) the physical characteristics of the special nuclear material to be distributed; " (2) the quantities of special nuclear material to be distributed; and "(3) the intended use of the special nuclear material to be distributed. "(. 'pjjg Commission may make a reasonable charge, determined pursuant to this section, for the use of special nuclear material licensed and distributed under subsection 53 a. (1) or subsection 53 a. (2) and shall make a reasonable charge determined pursuant to this section for the use of special nuclear material licensed and distributed under subsection 53 a. (3). The Commission shall establish criteria in writing for the determination of whether a charge will be made for the use of special nuclear material licensed and distributed under subsection 53 a. (1) or subsection 53 a. (2), considering, among other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the special nuclear material will be used. "d. I n determining the reasonable charge to be made by the Commission for the use of special nuclear material distributed to licensees of utilization or production facilities licensed pursuant to section 103 or 104, in addition to consideration of the cost thereof, the Commission shall take into consideration— "(1) the use to be made of the special nuclear material; "(2) the extent to which the use of the special nuclear material will advance the development of the peaceful uses of atomic energy; "(3) the energy value of the special nuclear material in the particular use for which the license is issued; "(4) whether the special nuclear material is to be used in facilities licensed pursuant to section 103 or 104. In this respect, the Commission shall, insofar as practicable, make uniform, nondiscriminatory charges for the use of special nuclear material distributed to facilities licensed pursuant to section 103; and
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