[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR770.7]

[Page 423-424]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 770_TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC 
 
Sec.  770.7  What procedures are to be used to transfer real property at 

defense nuclear facilities for economic development?

    (a) Proposal. The transfer process starts when a potential purchaser 
or lessee submits to the Field Office Manager a proposal for the 
transfer of real property that DOE has included on a list of available 
real property, as provided in Sec.  770.5 of this part.
    (1) A proposal must include (but is not limited to):
    (i) A description of the real property proposed to be transferred;

[[Page 424]]

    (ii) The intended use and duration of use of the real property;
    (iii) A description of the economic development that would be 
furthered by the transfer (e.g., jobs to be created or retained, 
improvements to be made);
    (iv) Information supporting the economic viability of the proposed 
development; and
    (v) The consideration offered and any financial requirements.
    (2) The person or entity should state in the proposal whether it is 
or is not requesting indemnification against claims based on the release 
or threatened release of a hazardous substance or pollutant or 
contaminant resulting from DOE activities.
    (3) If a proposal for transfer does not contain a statement 
regarding indemnification, the Field Office Manager will notify the 
person or entity by letter of the potential availability of 
indemnification under this part, and will request that the person or 
entity either modify the proposal to include a request for 
indemnification or submit a statement that it is not seeking 
indemnification.
    (b) Decision to transfer real property. Within 90 days after receipt 
of a proposal, DOE will notify, by letter, the person or entity that 
submitted the proposal of DOE's decision whether or not a transfer of 
the real property by sale or lease is in the best interest of the 
Government. If DOE determines the transfer is in the Government's best 
interest, then the Field Office Manger will begin development of a 
transfer agreement.
    (c) Congressional committee notification. DOE may not transfer real 
property under this part until 30 days have elapsed after the date DOE 
notifies congressional defense committees of the proposed transfer. The 
Field Office Manager will notify congressional defense committees 
through the Secretary of Energy.
    (d) Transfer. After the congressional committee notification period 
has elapsed, the Field Office Manager:
    (1) Finalizes negotiations of a transfer agreement, which must 
include a provision stating whether indemnification is or is not 
provided;
    (2) Ensures that any required environmental reviews have been 
completed; and
    (3) Executes the documents required for the transfer of property to 
the buyer or lessee.