[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: 10CFR770.9]

[Page 424-425]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 770_TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC 
 
Sec.  770.9  What conditions apply to DOE indemnification of claims against a 

person or entity based on the release or threatened release of a hazardous 

substance or pollutant or contaminant attributable to DOE?

    (a) If an agreement for the transfer of real property for economic 
development contains an indemnification provision, the person or entity 
requesting indemnification for a particular claim must:
    (1) Notify the Field Office Manager in writing within two years 
after such claim accrues under Sec.  770.11 of this part;
    (2) Furnish the Field Office Manager, or such other DOE official as 
the Field Office Manager designates, with evidence or proof of the 
claim;
    (3) Furnish the Field Office Manager, or such other DOE official as 
the Field Office Manager designates, with copies of pertinent papers 
(e.g., legal documents) received by the person or entity;
    (4) If requested by DOE, provide access to records and personnel of 
the person or entity for purposes of defending or settling the claim; 
and
    (5) Provide certification that the person or entity making the claim 
did not

[[Page 425]]

contribute to any such release or threatened release.
    (b) DOE will enter into an indemnification agreement if DOE 
determines that indemnification is essential for the purpose of 
facilitating reuse or redevelopment.
    (c) DOE may not indemnify any person or entity for a claim if the 
person or entity contributed to the release or threatened release of a 
hazardous substance or pollutant or contaminant that is the basis of the 
claim.
    (d) DOE may not indemnify a person or entity for a claim made under 
an indemnification agreement if the person or entity refuses to allow 
DOE to settle or defend the claim.