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10 U.S.C. § 6351 — Transfers of real property at certain Department of Energy facilities

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6351 — Transfers of real property at certain Department of Energy facilities

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Stable record: federal_law:legal_authorities:record_usc_87964f70e47dd773b0d39ca6
Source file: Laws/federal/codes/united-states-code/title-10/section-6351-transfers-of-real-property-at-certain-department-of-energy-facilities--9503250730.md
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Source location: Title 10, Chapter 608, § 6351; chapter-608-administrative-matters.md

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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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620/h&num=0&edition=prelim)). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim)).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7274r — Transferred

### Statutory Notes #### Codification Section, Pub. L. 105–85, div. C, title XXXI, § 3158, Nov. 18, 1997, 111 Stat. 2046; Pub. L. 108–7, div. D, title V, § 506, Feb. 20, 2003, 117 Stat. 158, which related to transfers of real property at certain Department of Energy facilities, was renumbered section 4831 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(11), Nov. 24, 2003, 117 Stat. 1785, and was formerly classified to [section 2811 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2811&num=0&edition=prelim), War and National Defense. See [section 6351 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6351&num=0&edition=prelim), Armed Forces.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7274r

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2814 — Repealed. Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458

### Statutory Notes Section 2811, Pub. L. 107–314, div. D, title XLVIII, § 4831, formerly Pub. L. 105–85, div. C, title XXXI, § 3158, Nov. 18, 1997, 111 Stat. 2046; Pub. L. 108–7, div. D, title V, § 506, Feb. 20, 2003, 117 Stat. 158; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4831, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(11), Nov. 24, 2003, 117 Stat. 1785; Pub. L. 108–137, title V, § 504(a), Dec. 1, 2003, 117 Stat. 1868; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(K), (i)(6), Dec. 26, 2013, 127 Stat. 1073, 1082, related to transfers of real property at certain Department of Energy facilities and indemnification. See [section 6351 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6351&num=0&edition=prelim), Armed Forces. Section 2812, Pub. L. 107–314, div. D, title XLVIII, § 4832, formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3156], Oct. 30, 2000, 114 Stat. 1654, 1654A–467; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4832, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(12), Nov. 24, 2003, 117 Stat. 1785; Pub. L. 112–239, div. C, title XXXI, § 3131(z), Jan. 2, 2013, 126 Stat. 2185; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(7)(A), Dec. 26, 2013, 127 Stat. 1083; Pub. L. 113–291, div. C, title XXXI, § 3142(u), Dec. 19, 2014, 128 Stat. 3902, authorized creation of engineering and manufacturing research, development, and demonstration programs by managers of certain nuclear weapons production facilities. See [section 6352 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6352&num=0&edition=prelim), Armed Forces. Section 2813, Pub. L. 107–314, div. D, title XLVIII, § 4833, formerly Pub. L. 105–85, div. C, title XXXI, § 3138, Nov. 18, 1997, 111 Stat. 203

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2814

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

Page 7709 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 1 So in original. Probably should be ‘‘or’’. Sec. 9657. Separability; contribution. 9658. Actions under State law for damages from ex- posure to hazardous substances. 9659. Citizens suits. 9660. Research, development, and demonstration. 9660a. Grant program. 9661. Love Canal property acquisition. 9662. Limitation on contract and borrowing au- thority. SUBCHAPTER IV—POLLUTION INSURANCE 9671. Definitions. 9672. State laws; scope of subchapter. 9673. Risk retention groups. 9674. Purchasing groups. 9675. Applicability of securities laws. SUBCHAPTER I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9601. Definitions For purpose of this subchapter— (1) The term ‘‘act of God’’ means an unan- ticipated grave natural disaster or other nat- ural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term ‘‘Administrator’’ means the Ad- ministrator of the United States Environ- mental Protection Agency. (3) The term ‘‘barrel’’ means forty-two United States gallons at sixty degrees Fahr- enheit. (4) The term ‘‘claim’’ means a demand in writing for a sum certain. (5) The term ‘‘claimant’’ means any person who presents a claim for compensation under this chapter. (6) The term ‘‘damages’’ means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term ‘‘drinking water supply’’ means any raw or finished water source that is or may be used by a public water system (as de- fined in the Safe Drinking Water Act [42 U.S.C. 300f et seq.]) or as drinking water by one or more individuals. (8) The

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9620 — Federal facilities

**(a) Application of chapter to Federal Government** (1) **In general** — Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim). Nothing in this section shall be construed to affect the liability of any person or entity under sections 9606 and 9607 of this title. (2) **Application of requirements to Federal facilities** — All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter. (3) **Exceptions** — This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection sha

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9620

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9620 — Federal facilities

Page 7778 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 § 9620. Federal facilities (a) Application of chapter to Federal Govern- ment (1) In general Each department, agency, and instrumen- tality of the United States (including the ex- ecutive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and sub- stantively, as any nongovernmental entity, in- cluding liability under section 9607 of this title. Nothing in this section shall be con- strued to affect the liability of any person or entity under sections 9606 and 9607 of this title. (2) Application of requirements to Federal fa- cilities All guidelines, rules, regulations, and cri- teria which are applicable to preliminary as- sessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such fa- cilities under the National Contingency Plan, applicable to inclusion on the National Prior- ities List, or applicable to remedial actions at such facilities shall also be applicable to fa- cilities which are owned or operated by a de- partment, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter. (3) Exceptions This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsect

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9620

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