Collapse to view only § 2811. Transfers of real property at certain Department of Energy facilities
- § 2811. Transfers of real property at certain Department of Energy facilities
- § 2812. Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities
- § 2813. Pilot program relating to use of proceeds of disposal or utilization of certain Department of Energy assets
- § 2814. Department of Energy energy parks program
§ 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
(f) Definitions
(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.)
§ 2812. Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities
(a) Authority for programs at nuclear weapons productions facilities
(b) Projects and activities
The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear security enterprise. Those projects and activities may include—
(1) replacement of obsolete or aging design and manufacturing technologies;
(2) development of innovative agile manufacturing techniques and processes; and
(3) training, recruitment, or retention of essential personnel in critical engineering and manufacturing disciplines.
(Pub. L. 107–314, div. D, title XLVIII, § 4832, formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3156], Oct. 30, 2000, 114 Stat. 1654, 1654A–467; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4832, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(12), Nov. 24, 2003, 117 Stat. 1785; Pub. L. 112–239, div. C, title XXXI, § 3131(z), Jan. 2, 2013, 126 Stat. 2185; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(7)(A), Dec. 26, 2013, 127 Stat. 1083; Pub. L. 113–291, div. C, title XXXI, § 3142(u), Dec. 19, 2014, 128 Stat. 3902.)
§ 2813. Pilot program relating to use of proceeds of disposal or utilization of certain Department of Energy assets
(a) Purpose
(b) Use of proceeds to defray costs
(1) Notwithstanding section 3302 of title 31, the Secretary may retain from the proceeds of the sale, lease, or disposal of an asset under subsection (c) an amount equal to the cost of the sale, lease, or disposal of the asset. The Secretary shall utilize amounts retained under this paragraph to defray the cost of the sale, lease, or disposal.
(2) For purposes of paragraph (1), the cost of a sale, lease, or disposal shall include—
(A) the cost of administering the sale, lease, or disposal;
(B) the cost of recovering or preparing the asset concerned for the sale, lease, or disposal; and
(C) any other cost associated with the sale, lease, or disposal.
(c) Covered transactionsSubsection (b) applies to the following transactions:
(1) The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program.
(2) The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program.
(3) The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program.
(4) The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program.
(5) The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program.
(6) The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program.
(d) Applicability of disposal authority
(Pub. L. 107–314, div. D, title XLVIII, § 4833, formerly Pub. L. 105–85, div. C, title XXXI, § 3138, Nov. 18, 1997, 111 Stat. 2039; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4833, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(13), Nov. 24, 2003, 117 Stat. 1786; Pub. L. 112–239, div. C, title XXXI, § 3131(aa), Jan. 2, 2013, 126 Stat. 2185.)
§ 2814. Department of Energy energy parks program
(a) In general
(b) Objectives
The objectives for establishing energy parks pursuant to subsection (a) are the following:
(1) To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies.
(2) To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies.
(3) To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence.
(4) To create a business environment that encourages collaboration and interaction between the public and private sectors.
(c) Consultation
In establishing an energy park pursuant to subsection (a), the Secretary shall consult with—
(1) the local government with jurisdiction over the land on which the energy park will be located;
(2) the local governments of adjacent areas; and
(3) any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located.
(d) Report required
(e) Defense nuclear facility defined
(Pub. L. 111–383, div. C, title XXXI, § 3124, Jan. 7, 2011, 124 Stat. 4515.)