§6351 — Title 10 Armed Forces | U.S. Code

§6351 Transfers of real property at certain Department of Energy facilities

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 608— - ADMINISTRATIVE MATTERS › Subchapter SUBCHAPTER III— - FACILITIES MANAGEMENT › § 6351

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must make rules to allow sale or lease of land at Defense Nuclear facilities so the property can be used for economic development. The Secretary cannot go ahead with a transfer until the congressional defense committees get a notice and 30 days have passed after that notice. The Secretary may agree to protect and pay for claims against a buyer, lessee, or their successors for injury to people or property caused by a hazardous substance release or threatened release from past DOE activities at the site, unless the buyer helped cause the release. Before a sale or lease, the Secretary must tell the buyer whether such protection will be provided and put that in the agreement. To get payment, a claimant must notify the Secretary in writing within two years after the claim accrues, give papers and proof, allow access to records and personnel, and start suit within six months after the Secretary mails a final denial. The Secretary may defend or settle covered claims; if the buyer refuses that defense or settlement, they lose the indemnity. Nothing here changes CERCLA section 120(h) (42 U.S.C. 9620(h)). The words hazardous substance, release, and pollutant or contaminant use the meanings in 42 U.S.C. 9601.

Title 10, §6351

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of Energy shall prescribe regulations for the transfer by sale or lease of real property at Department of Energy defense nuclear facilities for the purpose of permitting the economic development of the property.

(2)The Secretary may not transfer real property under the regulations prescribed under paragraph (1) until—

(A)the Secretary submits a notification of the proposed transfer to the congressional defense committees; and

(B)a period of 30 days has elapsed following the date on which the notification is submitted.

(b)(1)Except as provided in paragraph (3) and subject to subsection (c), in the sale or lease of real property pursuant to the regulations prescribed under subsection (a), the Secretary may hold harmless and indemnify a person or entity described in paragraph (2) against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. Before entering into any agreement for such a sale or lease, the Secretary shall notify the person or entity that the Secretary has authority to provide indemnification to the person or entity under this subsection. The Secretary shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided.

(2)Paragraph (1) applies to the following persons and entities:

(A)Any State that acquires ownership or control of real property of a defense nuclear facility.

(B)Any political subdivision of a State that acquires such ownership or control.

(C)Any other person or entity that acquires such ownership or control.

(D)Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).

(3)To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.

(c)(1)No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification—

(A)notifies the Secretary in writing within two years after such claim accrues;

(B)furnishes to the Secretary copies of pertinent papers received by the person or entity;

(C)furnishes evidence or proof of the claim;

(D)provides, upon request by the Secretary, access to the records and personnel of the person or entity for purposes of defending or settling the claim; and

(E)begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.

(2)For purposes of paragraph (1)(A), the date on which a claim accrues is the date on which the person asserting the claim knew (or reasonably should have known) that the injury to person or property referred to in subsection (b)(1) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located.

(d)(1)In any case in which the Secretary determines that the Secretary may be required to indemnify a person or entity under this section for any claim for injury to person or property referred to in subsection (b)(1), the Secretary may settle or defend the claim on behalf of that person or entity.

(2)In any case described in paragraph (1), if the person or entity that the Secretary may be required to indemnify does not allow the Secretary to settle or defend the claim, the person or entity may not be indemnified with respect to that claim under this section.

(e)Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

(f)In this section, the terms “hazardous substance”, “release”, and “pollutant or contaminant” have the meanings provided by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2811 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.