10 U.S.C. § 6351 — Transfers of real property at certain Department of Energy facilities
submitted 1 year ago by Pub. L. 119-60 to r/title-10-ARMED-FORCES · 712 words · no verdicts yet
This section lets the Secretary of Energy sell or lease real property at certain defense nuclear facilities for economic development, subject to notice to congressional defense committees. It sets possible indemnification for hazardous releases, claim conditions, definitions, and an environmental-law safeguard.
(a) Transfer regulations. (1) The Secretary must issue rules for selling or leasing real property at Department of Energy defense nuclear facilities to permit economic development. (2) The Secretary may not transfer property under those rules until notifying the congressional defense committees* and waiting 30 days after the notice. (b) Indemnification. (1) Subject to subsection (c) and paragraph (3), in such a sale or lease the Secretary may protect and indemnify the persons or entities in paragraph (2) against claims for personal or property injury caused by a hazardous-substance, pollutant, or contaminant release or threatened release resulting from Department of Energy activities at the facility. Before the agreement, the Secretary must tell the person or entity about this authority. The agreement must say whether indemnification is provided. (2) Covered persons are (A) a State acquiring ownership or control; (B) a State political subdivision acquiring it; (C) another person or entity acquiring it; and (D) a successor, assignee, transferee, lender, or lessee of one of those persons or entities. (3) Indemnification does not apply to the extent a covered person or entity contributed to the release or threatened release. (c) Conditions. A claimant gets no indemnification unless the claimant (A) gives written notice within two years after the claim accrues; (B) gives the Secretary relevant papers received; (C) supplies* evidence or proof; (D) gives requested access to its records and personnel so the Secretary can defend or settle; and (E) starts an action within six months after the Secretary mails certified or registered notice of final denial. For (A), a claim accrues when the claimant knew or reasonably should have known that the injury was caused or contributed to by the relevant release or threatened release. (d) Secretary's authority. If the Secretary decides indemnification may be required, the Secretary may settle or defend the claim for the person or entity. If that person or entity refuses to let the Secretary settle or defend, it cannot receive indemnification for that claim. (e) This section does not change section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (f) “Hazardous substance,” “release,” and “pollutant or contaminant” have the meanings provided by section 101 of that Act.
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.
The Secretary may not transfer real property under the regulations prescribed under paragraph (1) until—
the Secretary submits a notification of the proposed transfer to the congressional defense committees*; and
a period of 30 days has elapsed following the date on which the notification is submitted.
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.
Paragraph (1) applies to the following persons and entities:
Any State that acquires ownership or control of real property of a defense nuclear facility.
Any political subdivision of a State that acquires such ownership or control.
Any other person or entity that acquires such ownership or control.
Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).
To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.
No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification—
notifies the Secretary in writing within two years after such claim accrues;
furnishes to the Secretary copies of pertinent papers received by the person or entity;
furnishes evidence or proof of the claim;
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
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.
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.
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.
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.
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)).
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).
Source credit: (Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1452, 1462.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1452, 1462
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
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