§ 18752 — Property Interests Relating To Certain Projects And Protection Of Information Relating To Certain Agreements

(1) In this section: (A) The term “advanced nuclear reactor” has the meaning given the term in section 16271(b) of this title. (i) Except as provided in clause (ii), the term “property interest” means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on November 15, 2021)). (ii) The term “property interest” does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3). (2) The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3). (3) A project referred to in paragraph (2) is— (A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of November 15, 2021; (B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading “Nuclear Energy” under the heading “ENERGY PROGRAMS” in title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2670); (C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or (D) a project— (i) relating to advanced nuclear reactors; and (ii) for which Federal funding is provided under a program focused on development and demonstration. (4) The vesting of fee title or any other property interest assigned under paragraph (2) shall be retroactive to the date on which the applicable project first received Federal funding as described in any of subparagraphs (A) through (D) of paragraph (3).