10 U.S.C. § 6351: Transfers of real property…

Summary

The Secretary of Energy must make rules that allow Department of Energy defense nuclear sites to sell or lease land so it can be used for economic development. Before any sale or lease happens, the Secretary must tell the congressional defense committees about the planned transfer and wait 30 days after that notice. The Secretary must tell a buyer or lessee that the Secretary can offer protection against certain pollution claims and must put in the sale or lease whether that protection is being given. The Secretary may agree to protect a State, local government, private party, or their successors/assignees/lenders/lessees from claims for injury or property damage caused by hazardous releases from DOE activities on the site, unless that person or group helped cause the release. To get protection, the claimant must notify the Secretary in writing within two years after the claim arises (that is, when they knew or should have known the injury was caused by the release), give relevant papers and proof, let the Secretary see records and people if asked, and start a court action within six months after the Secretary mails a final denial. The Secretary can settle or defend covered claims; if the person won’t let the Secretary do this, they won’t get protection. This does not change the rule in section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act, and words like “hazardous substance,” “release,” and “pollutant or contaminant” mean what CERCLA section 101 says.

Title 10, §6351

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(a)Transfer Regulations.—

(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)Indemnification.—

(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)Conditions.—

(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)Authority of Secretary.—

(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)Relationship to Other Law.—

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)Definitions.—

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.

§6351 Transfers of Real Property at Certain Department of Energy Facilities

Summary

Title 10, §6351

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Citations & Metadata