§2813 — Title 50 War and National Defense | U.S. Code

Summary

Allows the Secretary of Energy to keep part of the money from selling, leasing, or getting rid of certain DOE assets to pay the costs of those transactions. Even though 31 U.S.C. 3302 normally stops agencies from keeping such proceeds, the Secretary may keep an amount equal to the cost of the sale, lease, or disposal and must use it to pay those costs. "Cost" includes running the sale or lease, getting the asset ready or recovered, and any other related expenses. Covers six specific transactions: sale of heavy water at the Savannah River Site; sale of precious metals under the Defense Environmental Management Program; leases of buildings and facilities at Hanford and at the Savannah River Site under that program; disposal of equipment at the Rocky Flats Defense Environmental Technology Site; and disposal of materials at the National Electronics Recycling Center in Oak Ridge. This does not prevent other laws (subchapter II of chapter 5 and section 549 of title 40) from applying to those disposals.

Title 50, §2813

War and National Defense — Source: USLM XML via OLRC

(a)The purpose of this section is to encourage the Secretary of Energy to dispose of or otherwise utilize certain assets of the Department of Energy by making available to the Secretary the proceeds of such disposal or utilization for purposes of defraying the costs of such disposal or utilization.

(b)(1)Notwithstanding section 3302 of title 31, the Secretary may retain from the proceeds of the sale, lease, or disposal of an asset under subsection (c) an amount equal to the cost of the sale, lease, or disposal of the asset. The Secretary shall utilize amounts retained under this paragraph to defray the cost of the sale, lease, or disposal.

(2)For purposes of paragraph (1), the cost of a sale, lease, or disposal shall include—

(A)the cost of administering the sale, lease, or disposal;

(B)the cost of recovering or preparing the asset concerned for the sale, lease, or disposal; and

(C)any other cost associated with the sale, lease, or disposal.

(c)Subsection (b) applies to the following transactions:

(1)The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program.

(2)The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program.

(3)The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program.

(4)The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program.

(5)The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program.

(6)The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program.

(d)Nothing in this section shall be construed to limit the application of subchapter II of chapter 5 and section 549 of title 40 to the disposal of equipment and other personal property covered by this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly set out as a note under section 7256 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Subsec. (e). Pub. L. 112–239 struck out subsec. (e). Prior to amendment, text read as follows: “Not later than January 31, 1999, the Secretary shall submit to the congressional defense committees a report on amounts retained by the Secretary under subsection (b) during fiscal year 1998.” 2003—Subsec. (d). Pub. L. 108–136, § 3141(k)(13)(D), substituted “subchapter II of chapter 5 and section 549 of title 40” for “section 202 and 203(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483 and 484(j))”.

§2813 Pilot Program Relating to Use of Proceeds of Disposal or Utilization of Certain Department of Energy Assets

Summary

Title 50, §2813

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata