
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274q]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274q. Transfers of real property at certain Department of 
        Energy facilities
        

(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 of Energy 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) of this section, in the sale or lease of real property pursuant to 
the regulations prescribed under subsection (a) of this section, the 
Secretary of Energy 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.

    (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 of Energy 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) of this section 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 of Energy

    (1) In any case in which the Secretary of Energy 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) of this section, 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 9620(h) of this title.

(f) Definitions

    In this section:
        (1) The term ``defense nuclear facility'' has the meaning 
    provided by the term ``Department of Energy defense nuclear 
    facility'' in section 2286g of this title.
        (2) The terms ``hazardous substance'', ``release'', and 
    ``pollutant or contaminant'' have the meanings provided by section 
    9601 of this title.

(Pub. L. 105-85, div. C, title XXXI, Sec. 3158, Nov. 18, 1997, 111 Stat. 
2046.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1998, and not as part of the Department of Energy 
Organization Act which comprises this chapter.


              ``Congressional Defense Committees'' Defined

    Congressional defense committees means the Committees on Armed 
Services and Appropriations of the Senate and the House of 
Representatives, see section 3 of Pub. L. 105-85, 111 Stat. 1645, as 
amended by Pub. L. 106-65, div. A, title X, Sec. 1067(4), Oct. 5, 1999, 
113 Stat. 774.
