
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460lll-46]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
          SUBCHAPTER CXXIII--LAND BETWEEN THE LAKES PROTECTION
 
                       Part C--Transfer Provisions
 
Sec. 460lll-46. Compliance with environmental laws


(a) Documentation of existing conditions

                           (1) In general

        Not later than 60 days after the date of transfer pursuant to 
    section 460lll-41 of this title, the Chairman and the Administrator 
    shall provide the Secretary all documentation and information that 
    exists on the environmental condition of the land and waters 
    comprising the Recreation Area property.

                    (2) Additional documentation

        The Chairman and the Administrator shall provide the Secretary 
    with any additional documentation and information regarding the 
    environmental condition of the Recreation Area property as such 
    documentation and information becomes available.

(b) Action required

                           (1) Assessment

        Not later than 120 days after the date of transfer pursuant to 
    section 460lll-41 of this title, the Chairman shall provide to the 
    Secretary an assessment indicating what action, if any, is required 
    under any environmental law on Recreation Area property.

                   (2) Memorandum of understanding

        If the assessment concludes action is required under any 
    environmental law with respect to any portion of the Recreation Area 
    property, the Secretary and the Chairman shall enter into a 
    memorandum of understanding that--
            (A) provides for the performance by the Chairman of the 
        required actions identified in the assessment; and
            (B) includes a schedule providing for the prompt completion 
        of the required actions to the satisfaction of the Secretary.

(c) Documentation demonstrating action

    On the transfer of jurisdiction over the Recreation Area from the 
Tennessee Valley Authority to the Secretary, the Chairman shall provide 
the Secretary with documentation demonstrating that all actions required 
under any environmental law have been taken, including all response 
actions under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that are necessary to 
protect human health and the environment with respect to any hazardous 
substance, pollutant, contaminant, hazardous waste, hazardous material, 
or petroleum product or derivative of a petroleum product on Recreation 
Area property.

(d) Continuation of responsibilities and liabilities

                           (1) In general

        The transfer of the Recreation Area property under this 
    subchapter, and the requirements of this section, shall not in any 
    way affect the responsibilities and liabilities of the Tennessee 
    Valley Authority at the Recreation Area under the Comprehensive 
    Environmental Response, Compensation, and Liability Act of 1980 (42 
    U.S.C. 9601 et seq.) or any other environmental law.

                             (2) Access

        After transfer of the Recreation Area property, the Chairman 
    shall be accorded any access to the property that may be reasonably 
    required to carry out the responsibility or satisfy the liability 
    referred to in paragraph (1).

                          (3) No liability

        The Secretary shall not be liable under any environmental law 
    for matters that are related directly or indirectly to present or 
    past activities of the Tennessee Valley Authority on the Recreation 
    Area property, including liability for--
            (A) costs or performance of response actions required under 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related to 
        the Recreation Area; or
            (B) costs, penalties, fines, or performance of actions 
        related to noncompliance with any environmental law at or 
        related to the Recreation Area or related to the presence, 
        release, or threat of release of any hazardous substance, 
        pollutant, or contaminant, hazardous waste, hazardous material, 
        or petroleum product or derivative of a petroleum product of any 
        kind at or related to the Recreation Area, including 
        contamination resulting from migration.

          (4) No effect on responsibilities or liabilities

        Except as provided in paragraph (3), nothing in this subchapter 
    affects, modifies, amends, repeals, alters, limits or otherwise 
    changes, directly or indirectly, the responsibilities or liabilities 
    under any environmental law with respect to the Secretary.

(e) Other Federal agencies

    Subject to the other provisions of this section, a Federal agency 
that carried or carries out operations at the Recreation Area resulting 
in the release or threatened release of a hazardous substance, 
pollutant, or contaminant, hazardous waste, hazardous material, or 
petroleum product or derivative of a petroleum product for which that 
agency would be liable under any environmental law shall pay the costs 
of related response actions and shall pay the costs of related actions 
to remediate petroleum products or their derivatives.

(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 546], Oct. 21, 
1998, 112 Stat. 2681-231, 2681-320.)

                       References in Text

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, referred to in subsecs. (c) and (d)(1), (3)(A), 
is Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is 
classified principally to chapter 103 (Sec. 9601 et seq.) of Title 42, 
The Public Health and Welfare. For complete classification of this Act 
to the Code, see Short Title note set out under section 9601 of Title 42 
and Tables.
