42 U.S.C. § 7274l — Authority to transfer certain Department

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