42 U.S.C. § 7274j — Repealed. Pub. L. 108–136, div. C, title

Page 7103 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7274j (b) Treatment of plans under section 4332 The development and adoption of any part of any plan (including any preliminary form of any such plan) under subsection (a) shall not be con- sidered a major Federal action for the purposes of subparagraph (C), (E), or (F) of section 4332(2) of this title. Nothing in this subsection shall af- fect the Department of Energy’s ongoing prepa- ration of a programmatic environmental impact statement on environmental restoration and waste management. (c) Grants The Secretary of Energy is authorized to award grants to, and enter into cooperative agreements with, affected States and affected Indian tribes to assist such States and tribes in participating in the development of the annual five-year plan (including the preliminary form of such plan). (d) Funding Of the funds authorized to be appropriated pursuant to section 3103, $20,000,000 may be used for the purpose of carrying out subsection (c). (e) Budget reports Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31), the Presi- dent shall submit to Congress a description of proposed activities and funding levels contained in the annual five-year plan (issued, pursuant to subsection (a)(1), in the year preceding the year in which the budget is submitted to Congress) that are not included in the budget or are in- cluded in the budget in a different form or at a different funding level, together with the rea- sons for such differences. (Pub. L. 102–190, div. C, title XXXI, § 3135, Dec. 5, 1991, 105 Stat. 1575; Pub. L. 103–337, div. C, title XXXI, § 3160(a), Oct. 5, 1994, 108 Stat. 3094.) Editorial Notes REFERENCES IN TEXT Section 3103, referred to in subsec. (d), is section 3103 of Pub. L. 102–190, div. C, title XXXI, Dec. 5, 1991, 105 Stat. 1566, which is not classified to the Code. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Years 1992 and 1993, and not as part of the Department of Energy Organization Act which comprises this chapter. AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–337, § 3160(a)(1), sub- stituted ‘‘all facilities owned or operated by the De- partment of Energy except defense nuclear facilities’’ for ‘‘(A) defense nuclear facilities and (B) all other fa- cilities owned or operated by the Department of En- ergy’’ in first sentence and inserted ‘‘such’’ after ‘‘res- toration at all’’ in third sentence. Subsec. (a)(4). Pub. L. 103–337, § 3160(a)(2), substituted ‘‘The plan shall include, with respect to the Depart- ment of Energy facilities required by paragraph (1) to be covered by the plan, the following matters:’’ for ‘‘The plan shall contain the following matters:’’ in in- troductory provisions. Subsec. (a)(6), (7). Pub. L. 103–337, § 3160(a)(3), (4), re- designated par. (7) as (6) and struck out former par. (6) which read as follows: ‘‘The Secretary shall include in the annual five-year plan issued in 1992 a discussion of the feasibility and need, if any, for the establishment of a contingency fund in the Department of Energy to provide funds necessary to meet the requirements in environmental laws, to remove an immediate threat to worker or public health and safety, to prevent or im- prove a condition where postponement of activity would lead to deterioration of the environment, and to undertake additional environmental restoration activi- ties at Department of Energy defense nuclear facilities that are not provided for in the budgets for fiscal years in which it is necessary to meet such requirements or undertake such activities.’’ Statutory Notes and Related Subsidiaries PUBLIC PARTICIPATION IN PLANNING Pub. L. 103–337, div. C, title XXXI, § 3160(e), Oct. 5, 1994, 108 Stat. 3095, which was formerly set out as a note under this section, was renumbered section 4408 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(9), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2588 of Title 50, War and National Defense. §§ 7274h, 7274i. Transferred Editorial Notes CODIFICATION Section 7274h, Pub. L. 102–484, div. C, title XXXI, § 3161, Oct. 23, 1992, 106 Stat. 2644; Pub. L. 103–337, div. A, title X, § 1070(c)(2), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(7)(A), (f)(6)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419, 2681–430; Pub. L. 107–107, div. A, title X, § 1048(h)(1), Dec. 28, 2001, 115 Stat. 1229, which related to the Department of Energy’s workforce restructuring plan for defense nuclear facili- ties, was renumbered section 4604 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fis- cal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(5)(A)–(C), Nov. 24, 2003, 117 Stat. 1777, and is classified to section 2704 of Title 50, War and National Defense. Section 7274i, Pub. L. 102–484, div. C, title XXXI, § 3162, Oct. 23, 1992, 106 Stat. 2646, which related to a program to monitor Department of Energy workers ex- posed to hazardous and radioactive substances, was re- numbered section 4643 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(14)(A)–(C), Nov. 24, 2003, 117 Stat. 1779, 1780, and is classified to section 2733 of Title 50, War and Na- tional Defense. Statutory Notes and Related Subsidiaries SEMIANNUAL REPORT TO CONGRESS OF LOCAL IMPACT ASSISTANCE Pub. L. 105–85, div. C, title XXXI, § 3153(f), Nov. 18, 1997, 111 Stat. 2044, which was formerly set out as a note under section 7274h of this title, was renumbered section 4851 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(15)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1786, and was classified to section 2821 of Title 50, War and National Defense, prior to re- peal by Pub. L. 112–239, div. C, title XXXI, § 3131(q)(2), Jan. 2, 2013, 126 Stat. 2183. § 7274j. Repealed. Pub. L. 108–136, div. C, title XXXI, § 3141(m)(2), Nov. 24, 2003, 117 Stat. 1787 Section, Pub. L. 102–484, div. C, title XXXI, § 3163, Oct. 23, 1992, 106 Stat. 2647; Pub. L. 104–106, div. A, title XV, § 1504(c)(2), Feb. 10, 1996, 110 Stat. 514, related to defini- tions for purposes of former sections 7274h to 7274j of this title. Page 7104 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7274k § 7274k. Transferred Editorial Notes CODIFICATION Section, Pub. L. 103–160, div. C, title XXXI, § 3153, Nov. 30, 1993, 107 Stat. 1950; Pub. L. 103–337, div. C, title XXXI, § 3160(b)–(d), Oct. 5, 1994, 108 Stat. 3094; Pub. L. 104–201, div. C, title XXXI, § 3152, Sept. 23, 1996, 110 Stat. 2839; Pub. L. 105–85, div. C, title XXXI, § 3160, Nov. 18, 1997, 111 Stat. 2048, which related to baseline environ- mental management reports, was renumbered section 4404 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(5), Nov. 24, 2003, 117 Stat. 1765, and was classified to former section 2584 of Title 50, War and National Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, § 3146(e)(5), Dec. 26, 2013, 127 Stat. 1076. Statutory Notes and Related Subsidiaries REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR ENVIRONMENTAL MANAGEMENT PROGRAMS Pub. L. 104–201, div. C, title XXXI, § 3153, Sept. 23, 1996, 110 Stat. 2839, which was formerly set out as a note under this section, was renumbered section 4402 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1764, and is classified to section 2582 of Title 50, War and National Defense. ACCELERATED SCHEDULE FOR ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT ACTIVITIES Pub. L. 104–106, div. C, title XXXI, § 3156, Feb. 10, 1996, 110 Stat. 625, which was formerly set out as a note under this section, was renumbered section 4405 of Pub. L. 107–314, the Bob Stump National Defense Authoriza- tion Act for Fiscal Year 2003 by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(6)(A)–(C), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2585 of Title 50, War and National Defense. § 7274l. Authority to transfer certain Department of Energy property (a) Authority to transfer (1) Notwithstanding any other provision of law, the Secretary of Energy may transfer, for consideration, all right, title, and interest of the United States in and to the property referred to in subsection (b) to any person if the Secretary determines that such transfer will mitigate the adverse economic consequences that might oth- erwise arise from the closure of a Department of Energy facility. (2) The amount of consideration received by the United States for a transfer under paragraph (1) may be less than the fair market value of the property transferred if the Secretary determines that the receipt of such lesser amount by the United States is in accordance with the purpose of such transfer under this section. (3) The Secretary may require any additional terms and conditions with respect to a transfer of property under paragraph (1) that the Sec- retary determines appropriate to protect the in- terests of the United States. (b) Covered property Property referred to in subsection (a) is the following property of the Department of Energy that is located at a Department of Energy facil- ity to be closed or reconfigured: (1) The personal property and equipment at the facility that the Secretary determines to be excess to the needs of the Department of Energy. (2) Any personal property and equipment at the facility (other than the property and equipment referred to in paragraph (1)) the re- placement cost of which does not exceed an amount equal to 110 percent of the costs of re- locating the property or equipment to another facility of the Department of Energy. (Pub. L. 103–160, div. C, title XXXI, § 3155, Nov. 30, 1993, 107 Stat. 1953.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of the Department of Energy Organization Act which comprises this chapter. § 7274l–1. Vesting title in property interests re- lated to energy development, demonstration, and deployment programs funded under De- partment of Energy appropriations (a) Hereafter, for energy development, dem- onstration, and deployment programs funded under Department of Energy appropriations (other than those for the National Nuclear Secu- rity Administration and Office of Environ- mental Management) provided for fiscal year 2022, the current fiscal year, or any fiscal year thereafter (including by Acts other than appro- priations Acts), the Secretary may vest uncon- ditional title or other property interests ac- quired under projects in an award recipient, sub- recipient, or successor in interest, including the United States, at the conclusion of the award period for projects receiving an initial award in fiscal year 2022 or later. (b) Upon vesting unconditional title pursuant to subsection (a) in an award recipient, sub- recipient, or successor in interest other than the United States, the United States shall have no liabilities or obligations to the property. (c) For purposes of this section, the term ‘‘property interest’’ does not include any inter- est in intellectual property developed using funding provided under a project. (Pub. L. 117–328, div. D, title III, § 309, Dec. 29, 2022, 136 Stat. 4645.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2023, and also as part of the Consolidated Appropria- tions Act, 2023, and not as part of the Department of Energy Organization Act which comprises this chapter. §§ 7274m to 7274o. Transferred Editorial Notes CODIFICATION Section 7274m, Pub. L. 103–337, div. C, title XXXI, § 3163, Oct. 5, 1994, 108 Stat. 3097, which related to safety oversight and enforcement at defense nuclear facilities, was renumbered section 4642 of Pub. L. 107–314, the Bob