---
kind: "section"
citation: "10 U.S.C. § 6351"
title: "10"
title_heading: "Armed Forces"
number: "6351"
heading: "Transfers of real property at certain Department of Energy facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/6351"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart B — Atomic Energy Defense"
  - "Chapter 608 — Administrative Matters"
  - "Subchapter III — Facilities Management"
---

# §6351. Transfers of real property at certain Department of Energy facilities

- (a) **Transfer Regulations.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Energy shall prescribe regulations for the transfer by sale or lease of real property at [Department](/usc/10/101.md?p=a-6) of Energy defense nuclear [facilities](/usc/10/2700.md?p=2) for the purpose of permitting the economic development of the property.
  - (2) The [Secretary](/usc/10/4951.md?p=3) may not transfer real property under the regulations prescribed under [paragraph (1)](#a-1) until—
    - (A) the [Secretary](/usc/10/4951.md?p=3) submits a notification of the proposed transfer to the [congressional defense committees](/usc/10/101.md?p=a-16); 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)](#b-3) and subject to [subsection (c)](#c), in the sale or lease of real property pursuant to the regulations prescribed under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) may hold harmless and indemnify a [person](/usc/10/2700.md?p=2) or entity described in [paragraph (2)](#b-2) against any claim for injury to [person](/usc/10/2700.md?p=2) or property that results from the [release](/usc/10/2700.md?p=2) or threatened [release](/usc/10/2700.md?p=2) of a [hazardous substance](/usc/10/2700.md?p=2) or [pollutant or contaminant](/usc/10/2700.md?p=2) as a result of [Department](/usc/10/101.md?p=a-6) of Energy activities at the defense nuclear [facility](/usc/10/2700.md?p=2) on which the real property is located. Before entering into any agreement for such a sale or lease, the [Secretary](/usc/10/4951.md?p=3) shall notify the [person](/usc/10/2700.md?p=2) or entity that the [Secretary](/usc/10/4951.md?p=3) has authority to provide indemnification to the [person](/usc/10/2700.md?p=2) or entity under this subsection. The [Secretary](/usc/10/4951.md?p=3) shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided.
  - (2) [Paragraph (1)](#b-1) applies to the following [persons](/usc/10/2700.md?p=2) and entities:
    - (A) Any [State](/usc/10/4951.md?p=4) that acquires ownership or control of real property of a defense nuclear [facility](/usc/10/2700.md?p=2).
    - (B) Any political subdivision of a [State](/usc/10/4951.md?p=4) that acquires such ownership or control.
    - (C) Any other [person](/usc/10/2700.md?p=2) or entity that acquires such ownership or control.
    - (D) Any successor, assignee, transferee, lender, or lessee of a [person](/usc/10/2700.md?p=2) or entity described in subparagraphs [(A)](#b-2-A) through [(C)](#b-2-C).
  - (3) To the extent the [persons](/usc/10/2700.md?p=2) and entities described in [paragraph (2)](#b-2) contributed to any such [release](/usc/10/2700.md?p=2) or threatened [release](/usc/10/2700.md?p=2), [paragraph (1)](#b-1) shall not apply.
- (c) **Conditions.—**
  - (1) No indemnification on a claim for injury may be provided under this section unless the [person](/usc/10/2700.md?p=2) or entity making a request for the indemnification—
    - (A) notifies the [Secretary](/usc/10/4951.md?p=3) in writing within two years after such claim accrues;
    - (B) furnishes to the [Secretary](/usc/10/4951.md?p=3) copies of pertinent papers received by the [person](/usc/10/2700.md?p=2) or entity;
    - (C) furnishes evidence or proof of the claim;
    - (D) provides, upon request by the [Secretary](/usc/10/4951.md?p=3), access to the [records](/usc/10/801.md?p=14) and personnel of the [person](/usc/10/2700.md?p=2) 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](/usc/10/4951.md?p=3).
  - (2) For purposes of [paragraph (1)(A)](#c-1-A), the date on which a claim accrues is the date on which the [person](/usc/10/2700.md?p=2) asserting the claim knew (or reasonably should have known) that the injury to [person](/usc/10/2700.md?p=2) or property referred to in [subsection (b)(1)](#b-1) was caused or contributed to by the [release](/usc/10/2700.md?p=2) or threatened [release](/usc/10/2700.md?p=2) of a [hazardous substance](/usc/10/2700.md?p=2), pollutant, or contaminant as a result of [Department](/usc/10/101.md?p=a-6) of Energy activities at the defense nuclear [facility](/usc/10/2700.md?p=2) on which the real property is located.
- (d) **Authority of Secretary.—**
  - (1) In any case in which the [Secretary](/usc/10/4951.md?p=3) determines that the [Secretary](/usc/10/4951.md?p=3) may be required to indemnify a [person](/usc/10/2700.md?p=2) or entity under this section for any claim for injury to [person](/usc/10/2700.md?p=2) or property referred to in [subsection (b)(1)](#b-1), the [Secretary](/usc/10/4951.md?p=3) may settle or defend the claim on behalf of that [person](/usc/10/2700.md?p=2) or entity.
  - (2) In any case described in [paragraph (1)](#d-1), if the [person](/usc/10/2700.md?p=2) or entity that the [Secretary](/usc/10/4951.md?p=3) may be required to indemnify does not allow the [Secretary](/usc/10/4951.md?p=3) to settle or defend the claim, the [person](/usc/10/2700.md?p=2) 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 120(h)](/usc/10/120.md) of the Comprehensive Environmental [Response](/usc/10/2700.md?p=2), Compensation, and Liability Act of 1980 ([42 U.S.C. 9620(h)](/usc/42/9620.md?p=h)).
- (f) **Definitions.—** In this section, the terms “[hazardous substance](/usc/10/2700.md?p=2)”, “[release](/usc/10/2700.md?p=2)”, and “[pollutant or contaminant](/usc/10/2700.md?p=2)” have the meanings provided by [section 101](/usc/10/101.md) of the Comprehensive Environmental [Response](/usc/10/2700.md?p=2), Compensation, and Liability Act of 1980 ([42 U.S.C. 9601](/usc/42/9601.md)).

## 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.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 2811 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

### Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.