### §2811. 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 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 9620(h) of title 42.

#### (f) Definitions

In this section, the terms "hazardous substance", "release", and "pollutant or contaminant" have the meanings provided by section 9601 of title 42.

(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.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 7274q of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

#### Amendments

2013—Subsec. (a)(2). Pub. L. 113–66, §3146(i)(6)(A), substituted "Secretary" for "Secretary of Energy" in introductory provisions.

Subsec. (b)(1). Pub. L. 113–66, §3146(i)(6)(A), substituted "Secretary may hold" for "Secretary of Energy may hold".

Subsec. (c)(1)(A). Pub. L. 113–66, §3146(i)(6)(A), substituted "Secretary" for "Secretary of Energy".

Subsec. (d). Pub. L. 113–66, §3146(i)(6), substituted "Secretary" for "Secretary of Energy" in heading and "Secretary determines" for "Secretary of Energy determines" in par. (1).

Subsec. (f). Pub. L. 113–66, §3146(a)(2)(K), substituted "section, the terms" for "section:", struck out par. (1) which defined "defense nuclear facility", and struck out par. (2) designation and "The terms" before " 'hazardous substance' ".

2003—Subsec. (b)(2)(D). Pub. L. 108–137, §504(a), which directed that subsec. (b)(2) of section 3158 of the National Defense Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274q(b)(2)) be amended by adding a subpar. (D), was executed to that section as renumbered by Pub. L. 108–136 to reflect the probable intent of Congress. See Amendment note below and Effective Date of 2003 Amendment note below.

Pub. L. 108–7, which directed the amendment of "Title 42 U.S.C. 7274g" by adding subpar. (D) to subsec. (b)(2), was probably intended to amend section 3158 of Pub. L. 105–85, which was formerly classified to section 7274q of title 42 prior to renumbering and transfer to this section by Pub. L. 108–136. However, the amendment was not executed in view of the enactment of section 504 of Pub. L. 108–137 which added a substantially identical subpar. (D). See Amendment note above and Effective Date of 2003 Amendment note below.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2003 Amendment

Pub. L. 108–137, title V, §504(b), Dec. 1, 2003, 117 Stat. 1868, provided that: "The amendment made by section 506 [probably means section 506 of Pub. L. 108–7, see 2003 Amendment note above], as amended by this section [section 504 of Pub. L. 108–137 did not amend section 506 of Pub. L. 108–7, see 2003 Amendment note above], is effective as of the date of enactment of the National Defense Authorization Act for Fiscal Year 1998 [Nov. 18, 1997]."