
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9620]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9620. Federal facilities


(a) Application of chapter to Federal Government

                           (1) In general

        Each department, agency, and instrumentality of the United 
    States (including the executive, legislative, and judicial branches 
    of government) shall be subject to, and comply with, this chapter in 
    the same manner and to the same extent, both procedurally and 
    substantively, as any nongovernmental entity, including liability 
    under section 9607 of this title. Nothing in this section shall be 
    construed to affect the liability of any person or entity under 
    sections 9606 and 9607 of this title.

        (2) Application of requirements to Federal facilities

        All guidelines, rules, regulations, and criteria which are 
    applicable to preliminary assessments carried out under this chapter 
    for facilities at which hazardous substances are located, applicable 
    to evaluations of such facilities under the National Contingency 
    Plan, applicable to inclusion on the National Priorities List, or 
    applicable to remedial actions at such facilities shall also be 
    applicable to facilities which are owned or operated by a 
    department, agency, or instrumentality of the United States in the 
    same manner and to the extent as such guidelines, rules, 
    regulations, and criteria are applicable to other facilities. No 
    department, agency, or instrumentality of the United States may 
    adopt or utilize any such guidelines, rules, regulations, or 
    criteria which are inconsistent with the guidelines, rules, 
    regulations, and criteria established by the Administrator under 
    this chapter.

                           (3) Exceptions

        This subsection shall not apply to the extent otherwise provided 
    in this section with respect to applicable time periods. This 
    subsection shall also not apply to any requirements relating to 
    bonding, insurance, or financial responsibility. Nothing in this 
    chapter shall be construed to require a State to comply with section 
    9604(c)(3) of this title in the case of a facility which is owned or 
    operated by any department, agency, or instrumentality of the United 
    States.

                           (4) State laws

        State laws concerning removal and remedial action, including 
    State laws regarding enforcement, shall apply to removal and 
    remedial action at facilities owned or operated by a department, 
    agency, or instrumentality of the United States or facilities that 
    are the subject of a deferral under subsection (h)(3)(C) of this 
    section when such facilities are not included on the National 
    Priorities List. The preceding sentence shall not apply to the 
    extent a State law would apply any standard or requirement to such 
    facilities which is more stringent than the standards and 
    requirements applicable to facilities which are not owned or 
    operated by any such department, agency, or instrumentality.

(b) Notice

    Each department, agency, and instrumentality of the United States 
shall add to the inventory of Federal agency hazardous waste facilities 
required to be submitted under section 3016 of the Solid Waste Disposal 
Act [42 U.S.C. 6937] (in addition to the information required under 
section 3016(a)(3) of such Act [42 U.S.C. 6937(a)(3)]) information on 
contamination from each facility owned or operated by the department, 
agency, or instrumentality if such contamination affects contiguous or 
adjacent property owned by the department, agency, or instrumentality or 
by any other person, including a description of the monitoring data 
obtained.

(c) Federal Agency Hazardous Waste Compliance Docket

    The Administrator shall establish a special Federal Agency Hazardous 
Waste Compliance Docket (hereinafter in this section referred to as the 
``docket'') which shall contain each of the following:
        (1) All information submitted under section 3016 of the Solid 
    Waste Disposal Act [42 U.S.C. 6937] and subsection (b) of this 
    section regarding any Federal facility and notice of each subsequent 
    action taken under this chapter with respect to the facility.
        (2) Information submitted by each department, agency, or 
    instrumentality of the United States under section 3005 or 3010 of 
    such Act [42 U.S.C. 6925, 6930].
        (3) Information submitted by the department, agency, or 
    instrumentality under section 9603 of this title.

The docket shall be available for public inspection at reasonable times. 
Six months after establishment of the docket and every 6 months 
thereafter, the Administrator shall publish in the Federal Register a 
list of the Federal facilities which have been included in the docket 
during the immediately preceding 6-month period. Such publication shall 
also indicate where in the appropriate regional office of the 
Environmental Protection Agency additional information may be obtained 
with respect to any facility on the docket. The Administrator shall 
establish a program to provide information to the public with respect to 
facilities which are included in the docket under this subsection.

(d) Assessment and evaluation

                           (1) In general

        The Administrator shall take steps to assure that a preliminary 
    assessment is conducted for each facility on the docket. Following 
    such preliminary assessment, the Administrator shall, where 
    appropriate--
            (A) evaluate such facilities in accordance with the criteria 
        established in accordance with section 9605 of this title under 
        the National Contingency Plan for determining priorities among 
        releases; and
            (B) include such facilities on the National Priorities List 
        maintained under such plan if the facility meets such criteria.

                     (2) Application of criteria

        (A) In general

            Subject to subparagraph (B), the criteria referred to in 
        paragraph (1) shall be applied in the same manner as the 
        criteria are applied to facilities that are owned or operated by 
        persons other than the United States.

        (B) Response under other law

            It shall be an appropriate factor to be taken into 
        consideration for the purposes of section 9605(a)(8)(A) of this 
        title that the head of the department, agency, or 
        instrumentality that owns or operates a facility has arranged 
        with the Administrator or appropriate State authorities to 
        respond appropriately, under authority of a law other than this 
        chapter, to a release or threatened release of a hazardous 
        substance.

                           (3) Completion

        Evaluation and listing under this subsection shall be completed 
    in accordance with a reasonable schedule established by the 
    Administrator.

(e) Required action by department

                              (1) RI/FS

        Not later than 6 months after the inclusion of any facility on 
    the National Priorities List, the department, agency, or 
    instrumentality which owns or operates such facility shall, in 
    consultation with the Administrator and appropriate State 
    authorities, commence a remedial investigation and feasibility study 
    for such facility. In the case of any facility which is listed on 
    such list before October 17, 1986, the department, agency, or 
    instrumentality which owns or operates such facility shall, in 
    consultation with the Administrator and appropriate State 
    authorities, commence such an investigation and study for such 
    facility within one year after October 17, 1986. The Administrator 
    and appropriate State authorities shall publish a timetable and 
    deadlines for expeditious completion of such investigation and 
    study.

     (2) Commencement of remedial action; interagency agreement

        The Administrator shall review the results of each investigation 
    and study conducted as provided in paragraph (1). Within 180 days 
    thereafter, the head of the department, agency, or instrumentality 
    concerned shall enter into an interagency agreement with the 
    Administrator for the expeditious completion by such department, 
    agency, or instrumentality of all necessary remedial action at such 
    facility. Substantial continuous physical onsite remedial action 
    shall be commenced at each facility not later than 15 months after 
    completion of the investigation and study. All such interagency 
    agreements, including review of alternative remedial action plans 
    and selection of remedial action, shall comply with the public 
    participation requirements of section 9617 of this title.

                 (3) Completion of remedial actions

        Remedial actions at facilities subject to interagency agreements 
    under this section shall be completed as expeditiously as 
    practicable. Each agency shall include in its annual budget 
    submissions to the Congress a review of alternative agency funding 
    which could be used to provide for the costs of remedial action. The 
    budget submission shall also include a statement of the hazard posed 
    by the facility to human health, welfare, and the environment and 
    identify the specific consequences of failure to begin and complete 
    remedial action.

                      (4) Contents of agreement

        Each interagency agreement under this subsection shall include, 
    but shall not be limited to, each of the following:
            (A) A review of alternative remedial actions and selection 
        of a remedial action by the head of the relevant department, 
        agency, or instrumentality and the Administrator or, if unable 
        to reach agreement on selection of a remedial action, selection 
        by the Administrator.
            (B) A schedule for the completion of each such remedial 
        action.
            (C) Arrangements for long-term operation and maintenance of 
        the facility.

                          (5) Annual report

        Each department, agency, or instrumentality responsible for 
    compliance with this section shall furnish an annual report to the 
    Congress concerning its progress in implementing the requirements of 
    this section. Such reports shall include, but shall not be limited 
    to, each of the following items:
            (A) A report on the progress in reaching interagency 
        agreements under this section.
            (B) The specific cost estimates and budgetary proposals 
        involved in each interagency agreement.
            (C) A brief summary of the public comments regarding each 
        proposed interagency agreement.
            (D) A description of the instances in which no agreement was 
        reached.
            (E) A report on progress in conducting investigations and 
        studies under paragraph (1).
            (F) A report on progress in conducting remedial actions.
            (G) A report on progress in conducting remedial action at 
        facilities which are not listed on the National Priorities List.

    With respect to instances in which no agreement was reached within 
    the required time period, the department, agency, or instrumentality 
    filing the report under this paragraph shall include in such report 
    an explanation of the reasons why no agreement was reached. The 
    annual report required by this paragraph shall also contain a 
    detailed description on a State-by-State basis of the status of each 
    facility subject to this section, including a description of the 
    hazard presented by each facility, plans and schedules for 
    initiating and completing response action, enforcement status (where 
    appropriate), and an explanation of any postponements or failure to 
    complete response action. Such reports shall also be submitted to 
    the affected States.

                 (6) Settlements with other parties

        If the Administrator, in consultation with the head of the 
    relevant department, agency, or instrumentality of the United 
    States, determines that remedial investigations and feasibility 
    studies or remedial action will be done properly at the Federal 
    facility by another potentially responsible party within the 
    deadlines provided in paragraphs (1), (2), and (3) of this 
    subsection, the Administrator may enter into an agreement with such 
    party under section 9622 of this title (relating to settlements). 
    Following approval by the Attorney General of any such agreement 
    relating to a remedial action, the agreement shall be entered in the 
    appropriate United States district court as a consent decree under 
    section 9606 of this title.

(f) State and local participation

    The Administrator and each department, agency, or instrumentality 
responsible for compliance with this section shall afford to relevant 
State and local officials the opportunity to participate in the planning 
and selection of the remedial action, including but not limited to the 
review of all applicable data as it becomes available and the 
development of studies, reports, and action plans. In the case of State 
officials, the opportunity to participate shall be provided in 
accordance with section 9621 of this title.

(g) Transfer of authorities

    Except for authorities which are delegated by the Administrator to 
an officer or employee of the Environmental Protection Agency, no 
authority vested in the Administrator under this section may be 
transferred, by executive order of the President or otherwise, to any 
other officer or employee of the United States or to any other person.

(h) Property transferred by Federal agencies

                             (1) Notice

        After the last day of the 6-month period beginning on the 
    effective date of regulations under paragraph (2) of this 
    subsection, whenever any department, agency, or instrumentality of 
    the United States enters into any contract for the sale or other 
    transfer of real property which is owned by the United States and on 
    which any hazardous substance was stored for one year or more, known 
    to have been released, or disposed of, the head of such department, 
    agency, or instrumentality shall include in such contract notice of 
    the type and quantity of such hazardous substance and notice of the 
    time at which such storage, release, or disposal took place, to the 
    extent such information is available on the basis of a complete 
    search of agency files.

                   (2) Form of notice; regulations

        Notice under this subsection shall be provided in such form and 
    manner as may be provided in regulations promulgated by the 
    Administrator. As promptly as practicable after October 17, 1986, 
    but not later than 18 months after October 17, 1986, and after 
    consultation with the Administrator of the General Services 
    Administration, the Administrator shall promulgate regulations 
    regarding the notice required to be provided under this subsection.

                    (3) Contents of certain deeds

        (A) In general

            After the last day of the 6-month period beginning on the 
        effective date of regulations under paragraph (2) of this 
        subsection, in the case of any real property owned by the United 
        States on which any hazardous substance was stored for one year 
        or more, known to have been released, or disposed of, each deed 
        entered into for the transfer of such property by the United 
        States to any other person or entity shall contain--
                (i) to the extent such information is available on the 
            basis of a complete search of agency files--
                    (I) a notice of the type and quantity of such 
                hazardous substances,
                    (II) notice of the time at which such storage, 
                release, or disposal took place, and
                    (III) a description of the remedial action taken, if 
                any;

                (ii) a covenant warranting that--
                    (I) all remedial action necessary to protect human 
                health and the environment with respect to any such 
                substance remaining on the property has been taken 
                before the date of such transfer, and
                    (II) any additional remedial action found to be 
                necessary after the date of such transfer shall be 
                conducted by the United States; and

                (iii) a clause granting the United States access to the 
            property in any case in which remedial action or corrective 
            action is found to be necessary after the date of such 
            transfer.

        (B) Covenant requirements

            For purposes of subparagraphs (A)(ii)(I) and (C)(iii), all 
        remedial action described in such subparagraph has been taken if 
        the construction and installation of an approved remedial design 
        has been completed, and the remedy has been demonstrated to the 
        Administrator to be operating properly and successfully. The 
        carrying out of long-term pumping and treating, or operation and 
        maintenance, after the remedy has been demonstrated to the 
        Administrator to be operating properly and successfully does not 
        preclude the transfer of the property. The requirements of 
        subparagraph (A)(ii) shall not apply in any case in which the 
        person or entity to whom the real property is transferred is a 
        potentially responsible party with respect to such property. The 
        requirements of subparagraph (A)(ii) shall not apply in any case 
        in which the transfer of the property occurs or has occurred by 
        means of a lease, without regard to whether the lessee has 
        agreed to purchase the property or whether the duration of the 
        lease is longer than 55 years. In the case of a lease entered 
        into after September 30, 1995, with respect to real property 
        located at an installation approved for closure or realignment 
        under a base closure law, the agency leasing the property, in 
        consultation with the Administrator, shall determine before 
        leasing the property that the property is suitable for lease, 
        that the uses contemplated for the lease are consistent with 
        protection of human health and the environment, and that there 
        are adequate assurances that the United States will take all 
        remedial action referred to in subparagraph (A)(ii) that has not 
        been taken on the date of the lease.

        (C) Deferral

            (i) In general

                The Administrator, with the concurrence of the Governor 
            of the State in which the facility is located (in the case 
            of real property at a Federal facility that is listed on the 
            National Priorities List), or the Governor of the State in 
            which the facility is located (in the case of real property 
            at a Federal facility not listed on the National Priorities 
            List) may defer the requirement of subparagraph (A)(ii)(I) 
            with respect to the property if the Administrator or the 
            Governor, as the case may be, determines that the property 
            is suitable for transfer, based on a finding that--
                    (I) the property is suitable for transfer for the 
                use intended by the transferee, and the intended use is 
                consistent with protection of human health and the 
                environment;
                    (II) the deed or other agreement proposed to govern 
                the transfer between the United States and the 
                transferee of the property contains the assurances set 
                forth in clause (ii);
                    (III) the Federal agency requesting deferral has 
                provided notice, by publication in a newspaper of 
                general circulation in the vicinity of the property, of 
                the proposed transfer and of the opportunity for the 
                public to submit, within a period of not less than 30 
                days after the date of the notice, written comments on 
                the suitability of the property for transfer; and
                    (IV) the deferral and the transfer of the property 
                will not substantially delay any necessary response 
                action at the property.
            (ii) Response action assurances

                With regard to a release or threatened release of a 
            hazardous substance for which a Federal agency is 
            potentially responsible under this section, the deed or 
            other agreement proposed to govern the transfer shall 
            contain assurances that--
                    (I) provide for any necessary restrictions on the 
                use of the property to ensure the protection of human 
                health and the environment;
                    (II) provide that there will be restrictions on use 
                necessary to ensure that required remedial 
                investigations, response action, and oversight 
                activities will not be disrupted;
                    (III) provide that all necessary response action 
                will be taken and identify the schedules for 
                investigation and completion of all necessary response 
                action as approved by the appropriate regulatory agency; 
                and
                    (IV) provide that the Federal agency responsible for 
                the property subject to transfer will submit a budget 
                request to the Director of the Office of Management and 
                Budget that adequately addresses schedules for 
                investigation and completion of all necessary response 
                action, subject to congressional authorizations and 
                appropriations.
            (iii) Warranty

                When all response action necessary to protect human 
            health and the environment with respect to any substance 
            remaining on the property on the date of transfer has been 
            taken, the United States shall execute and deliver to the 
            transferee an appropriate document containing a warranty 
            that all such response action has been taken, and the making 
            of the warranty shall be considered to satisfy the 
            requirement of subparagraph (A)(ii)(I).
            (iv) Federal responsibility

                A deferral under this subparagraph shall not increase, 
            diminish, or affect in any manner any rights or obligations 
            of a Federal agency (including any rights or obligations 
            under this section and sections 9606 and 9607 of this title 
            existing prior to transfer) with respect to a property 
            transferred under this subparagraph.

            (4) Identification of uncontaminated property

        (A) In the case of real property to which this paragraph applies 
    (as set forth in subparagraph (E)), the head of the department, 
    agency, or instrumentality of the United States with jurisdiction 
    over the property shall identify the real property on which no 
    hazardous substances and no petroleum products or their derivatives 
    were known to have been released or disposed of. Such identification 
    shall be based on an investigation of the real property to determine 
    or discover the obviousness of the presence or likely presence of a 
    release or threatened release of any hazardous substance or any 
    petroleum product or its derivatives, including aviation fuel and 
    motor oil, on the real property. The identification shall consist, 
    at a minimum, of a review of each of the following sources of 
    information concerning the current and previous uses of the real 
    property:
            (i) A detailed search of Federal Government records 
        pertaining to the property.
            (ii) Recorded chain of title documents regarding the real 
        property.
            (iii) Aerial photographs that may reflect prior uses of the 
        real property and that are reasonably obtainable through State 
        or local government agencies.
            (iv) A visual inspection of the real property and any 
        buildings, structures, equipment, pipe, pipeline, or other 
        improvements on the real property, and a visual inspection of 
        properties immediately adjacent to the real property.
            (v) A physical inspection of property adjacent to the real 
        property, to the extent permitted by owners or operators of such 
        property.
            (vi) Reasonably obtainable Federal, State, and local 
        government records of each adjacent facility where there has 
        been a release of any hazardous substance or any petroleum 
        product or its derivatives, including aviation fuel and motor 
        oil, and which is likely to cause or contribute to a release or 
        threatened release of any hazardous substance or any petroleum 
        product or its derivatives, including aviation fuel and motor 
        oil, on the real property.
            (vii) Interviews with current or former employees involved 
        in operations on the real property.

    Such identification shall also be based on sampling, if appropriate 
    under the circumstances. The results of the identification shall be 
    provided immediately to the Administrator and State and local 
    government officials and made available to the public.
        (B) The identification required under subparagraph (A) is not 
    complete until concurrence in the results of the identification is 
    obtained, in the case of real property that is part of a facility on 
    the National Priorities List, from the Administrator, or, in the 
    case of real property that is not part of a facility on the National 
    Priorities List, from the appropriate State official. In the case of 
    a concurrence which is required from a State official, the 
    concurrence is deemed to be obtained if, within 90 days after 
    receiving a request for the concurrence, the State official has not 
    acted (by either concurring or declining to concur) on the request 
    for concurrence.
        (C)(i) Except as provided in clauses (ii), (iii), and (iv), the 
    identification and concurrence required under subparagraphs (A) and 
    (B), respectively, shall be made at least 6 months before the 
    termination of operations on the real property.
        (ii) In the case of real property described in subparagraph 
    (E)(i)(II) on which operations have been closed or realigned or 
    scheduled for closure or realignment pursuant to a base closure law 
    described in subparagraph (E)(ii)(I) or (E)(ii)(II) by October 19, 
    1992, the identification and concurrence required under 
    subparagraphs (A) and (B), respectively, shall be made not later 
    than 18 months after October 19, 1992.
        (iii) In the case of real property described in subparagraph 
    (E)(i)(II) on which operations are closed or realigned or become 
    scheduled for closure or realignment pursuant to the base closure 
    law described in subparagraph (E)(ii)(II) after October 19, 1992, 
    the identification and concurrence required under subparagraphs (A) 
    and (B), respectively, shall be made not later than 18 months after 
    the date by which a joint resolution disapproving the closure or 
    realignment of the real property under section 2904(b) of such base 
    closure law must be enacted, and such a joint resolution has not 
    been enacted.
        (iv) In the case of real property described in subparagraphs 
    (E)(i)(II) on which operations are closed or realigned pursuant to a 
    base closure law described in subparagraph (E)(ii)(III) or 
    (E)(ii)(IV), the identification and concurrence required under 
    subparagraphs (A) and (B), respectively, shall be made not later 
    than 18 months after the date on which the real property is selected 
    for closure or realignment pursuant to such a base closure law.
        (D) In the case of the sale or other transfer of any parcel of 
    real property identified under subparagraph (A), the deed entered 
    into for the sale or transfer of such property by the United States 
    to any other person or entity shall contain--
            (i) a covenant warranting that any response action or 
        corrective action found to be necessary after the date of such 
        sale or transfer shall be conducted by the United States; and
            (ii) a clause granting the United States access to the 
        property in any case in which a response action or corrective 
        action is found to be necessary after such date at such 
        property, or such access is necessary to carry out a response 
        action or corrective action on adjoining property.

        (E)(i) This paragraph applies to--
            (I) real property owned by the United States and on which 
        the United States plans to terminate Federal Government 
        operations, other than real property described in subclause 
        (II); and
            (II) real property that is or has been used as a military 
        installation and on which the United States plans to close or 
        realign military operations pursuant to a base closure law.

        (ii) For purposes of this paragraph, the term ``base closure 
    law'' includes the following:
            (I) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (II) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (III) Section 2687 of title 10.
            (IV) Any provision of law authorizing the closure or 
        realignment of a military installation enacted on or after 
        October 19, 1992.

        (F) Nothing in this paragraph shall affect, preclude, or 
    otherwise impair the termination of Federal Government operations on 
    real property owned by the United States.

         (5) Notification of States regarding certain leases

        In the case of real property owned by the United States, on 
    which any hazardous substance or any petroleum product or its 
    derivatives (including aviation fuel and motor oil) was stored for 
    one year or more, known to have been released, or disposed of, and 
    on which the United States plans to terminate Federal Government 
    operations, the head of the department, agency, or instrumentality 
    of the United States with jurisdiction over the property shall 
    notify the State in which the property is located of any lease 
    entered into by the United States that will encumber the property 
    beyond the date of termination of operations on the property. Such 
    notification shall be made before entering into the lease and shall 
    include the length of the lease, the name of person to whom the 
    property is leased, and a description of the uses that will be 
    allowed under the lease of the property and buildings and other 
    structures on the property.

(i) Obligations under Solid Waste Disposal Act

    Nothing in this section shall affect or impair the obligation of any 
department, agency, or instrumentality of the United States to comply 
with any requirement of the Solid Waste Disposal Act [42 U.S.C. 6901 et 
seq.] (including corrective action requirements).

(j) National security

                (1) Site specific Presidential orders

        The President may issue such orders regarding response actions 
    at any specified site or facility of the Department of Energy or the 
    Department of Defense as may be necessary to protect the national 
    security interests of the United States at that site or facility. 
    Such orders may include, where necessary to protect such interests, 
    an exemption from any requirement contained in this subchapter or 
    under title III of the Superfund Amendments and Reauthorization Act 
    of 1986 [42 U.S.C. 11001 et seq.] with respect to the site or 
    facility concerned. The President shall notify the Congress within 
    30 days of the issuance of an order under this paragraph providing 
    for any such exemption. Such notification shall include a statement 
    of the reasons for the granting of the exemption. An exemption under 
    this paragraph shall be for a specified period which may not exceed 
    one year. Additional exemptions may be granted, each upon the 
    President's issuance of a new order under this paragraph for the 
    site or facility concerned. Each such additional exemption shall be 
    for a specified period which may not exceed one year. It is the 
    intention of the Congress that whenever an exemption is issued under 
    this paragraph the response action shall proceed as expeditiously as 
    practicable. The Congress shall be notified periodically of the 
    progress of any response action with respect to which an exemption 
    has been issued under this paragraph. No exemption shall be granted 
    under this paragraph due to lack of appropriation unless the 
    President shall have specifically requested such appropriation as a 
    part of the budgetary process and the Congress shall have failed to 
    make available such requested appropriation.

                     (2) Classified information

        Notwithstanding any other provision of law, all requirements of 
    the Atomic Energy Act [42 U.S.C. 2011 et seq.] and all Executive 
    orders concerning the handling of restricted data and national 
    security information, including ``need to know'' requirements, shall 
    be applicable to any grant of access to classified information under 
    the provisions of this chapter or under title III of the Superfund 
    Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et 
    seq.].

(Pub. L. 96-510, title I, Sec. 120, as added Pub. L. 99-499, title I, 
Sec. 120(a), Oct. 17, 1986, 100 Stat. 1666; amended Pub. L. 102-426, 
Secs. 3-5, Oct. 19, 1992, 106 Stat. 2175-2177; Pub. L. 104-106, div. B, 
title XXVIII, Sec. 2834, Feb. 10, 1996, 110 Stat. 559; Pub. L. 104-201, 
div. A, title III, Secs. 330, 331, 334, Sept. 23, 1996, 110 Stat. 2484, 
2486.)

                       References in Text

    Section 2904(b) of such base closure law, referred to in subsec. 
(h)(4)(C)(iii), means section 2904(b) of Pub. L. 101-510, which is set 
out as a note under section 2687 of Title 10, Armed Forces.
    The Solid Waste Disposal Act, referred to in subsec. (i), is title 
II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally 
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is 
classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.
    Title III of the Superfund Amendments and Reauthorization Act of 
1986, referred to in subsec. (j), is title III of Pub. L. 99-499, Oct. 
17, 1986, 100 Stat. 1728, known as the Emergency Planning and Community 
Right-To-Know Act of 1986, which is classified generally to chapter 116 
(Sec. 11001 et seq.) of this title. For complete classification of title 
III to the Code, see Short Title note set out under section 11001 of 
this title and Tables.
    The Atomic Energy Act, referred to in subsec. (j)(2), probably means 
the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by 
act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is 
classified generally to chapter 23 (Sec. 2011 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2011 of this title and Tables.


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-201, Sec. 334(b), inserted ``or 
facilities that are the subject of a deferral under subsection (h)(3)(C) 
of this section'' after ``United States''.
    Subsec. (d). Pub. L. 104-201, Sec. 330(2)-(4), designated existing 
provisions as par. (1), inserted par. heading, substituted ``The 
Administrator'' for ``Not later than 18 months after October 17, 1986, 
the Administrator'', realigned margins of par. (1) and subpars. (A) and 
(B), and substituted pars. (2) and (3) for ``Such criteria shall be 
applied in the same manner as the criteria are applied to facilities 
which are owned or operated by other persons. Evaluation and listing 
under this subsection shall be completed not later than 30 months after 
October 17, 1986. Upon the receipt of a petition from the Governor of 
any State, the Administrator shall make such an evaluation of any 
facility included in the docket.''
    Pub. L. 104-201, Sec. 330(1), redesignated pars. (1) and (2) as 
subpars. (A) and (B), respectively.
    Subsec. (h)(3). Pub. L. 104-201, Sec. 334(a)(8), added subpar. (C).
    Pub. L. 104-201, Sec. 334(a)(6), (7), designated existing provisions 
as subpar. (B), inserted heading, substituted ``For purposes of 
subparagraphs (A)(ii)(I) and (C)(iii)'' for ``For purposes of 
subparagraph (B)(i)'', and substituted ``subparagraph (A)(ii)'' for 
``subparagraph (B)'' in three places.
    Pub. L. 104-201, Sec. 334(a)(1)-(5), designated first sentence as 
subpar. (A), inserted heading, redesignated former subpar. (A) and cls. 
(i) to (iii) of that subpar. as cl. (i) of subpar. (A) and subcls. (I) 
to (III) of that cl., respectively, redesignated former subpar. (B) and 
cls. (i) and (ii) of that subpar. as cl. (ii) of subpar. (A) and subcls. 
(I) and (II) of that cl., respectively, redesignated former subpar. (C) 
as cl. (iii) of subpar. (A), and realigned margins of such cls. and 
subcls.
    Pub. L. 104-106, Sec. 2834(2), which directed that par. (3) be 
amended in the matter following subpar. (C) by adding at the end, flush 
to the paragraph margin, the following, was executed by inserting the 
following provision at the end of the concluding provisions ``The 
requirements of subparagraph (B) shall not apply in any case in which 
the person or entity to whom the real property is transferred is a 
potentially responsible party with respect to such property. The 
requirements of subparagraph (B) shall not apply in any case in which 
the transfer of the property occurs or has occurred by means of a lease, 
without regard to whether the lessee has agreed to purchase the property 
or whether the duration of the lease is longer than 55 years. In the 
case of a lease entered into after September 30, 1995, with respect to 
real property located at an installation approved for closure or 
realignment under a base closure law, the agency leasing the property, 
in consultation with the Administrator, shall determine before leasing 
the property that the property is suitable for lease, that the uses 
contemplated for the lease are consistent with protection of human 
health and the environment, and that there are adequate assurances that 
the United States will take all remedial action referred to in 
subparagraph (B) that has not been taken on the date of the lease.''
    Pub. L. 104-106, Sec. 2834(1), struck out first sentence of 
concluding provisions which read as follows: ``The requirements of 
subparagraph (B) shall not apply in any case in which the person or 
entity to whom the property is transferred is a potentially responsible 
party with respect to such real property.''
    Subsec. (h)(4)(A). Pub. L. 104-201, Sec. 331, substituted ``known to 
have been released'' for ``stored for one year or more, known to have 
been released,''.
    1992--Subsec. (h)(3). Pub. L. 102-426, Sec. 4(a), inserted at end 
``For purposes of subparagraph (B)(i), all remedial action described in 
such subparagraph has been taken if the construction and installation of 
an approved remedial design has been completed, and the remedy has been 
demonstrated to the Administrator to be operating properly and 
successfully. The carrying out of long-term pumping and treating, or 
operation and maintenance, after the remedy has been demonstrated to the 
Administrator to be operating properly and successfully does not 
preclude the transfer of the property.''
    Subsec. (h)(3)(C). Pub. L. 102-426, Sec. 4(b), added subpar. (C).
    Subsec. (h)(4). Pub. L. 102-426, Sec. 3, added par. (4).
    Subsec. (h)(5). Pub. L. 102-426, Sec. 5, added par. (5).


 Identification of Uncontaminated Property at Installations To Be Closed

    Pub. L. 103-160, div. B, title XXIX, Sec. 2910, Nov. 30, 1993, 107 
Stat. 1924, provided that: ``The identification by the Secretary of 
Defense required under section 120(h)(4)(A) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)(4)(A)), and the concurrence required under section 
120(h)(4)(B) of such Act, shall be made not later than the earlier of--
        ``(1) the date that is 9 months after the date of the submittal, 
    if any, to the transition coordinator for the installation concerned 
    of a specific use proposed for all or a portion of the real property 
    of the installation; or
        ``(2) the date specified in section 120(h)(4)(C)(iii) of such 
    Act.''


                         Congressional Findings

    Section 2 of Pub. L. 102-426 provided that: ``The Congress finds the 
following:
        ``(1) The closure of certain Federal facilities is having 
    adverse effects on the economies of local communities by eliminating 
    jobs associated with such facilities, and delay in remediation of 
    environmental contamination of real property at such facilities is 
    preventing transfer and private development of such property.
        ``(2) Each department, agency, or instrumentality of the United 
    States, in cooperation with local communities, should expeditiously 
    identify real property that offers the greatest opportunity for 
    reuse and redevelopment on each facility under the jurisdiction of 
    the department, agency, or instrumentality where operations are 
    terminating.
        ``(3) Remedial actions, including remedial investigations and 
    feasibility studies, and corrective actions at such Federal 
    facilities should be expedited in a manner to facilitate 
    environmental protection and the sale or transfer of such excess 
    real property for the purpose of mitigating adverse economic effects 
    on the surrounding community.
        ``(4) Each department, agency, or instrumentality of the United 
    States, in accordance with applicable law, should make available 
    without delay such excess real property.
        ``(5) In the case of any real property owned by the United 
    States and transferred to another person, the United States 
    Government should remain responsible for conducting any remedial 
    action or corrective action necessary to protect human health and 
    the environment with respect to any hazardous substance or petroleum 
    product or its derivatives, including aviation fuel and motor oil, 
    that was present on such real property at the time of transfer.''


                              Applicability

    Section 120(b) of Pub. L. 99-499 provided that: ``Section 120 of 
CERCLA [42 U.S.C. 9620] shall not apply to any response action or 
remedial action for which a plan is under development by the Department 
of Energy on the date of enactment of this Act [Oct. 17, 1986] with 
respect to facilities--
        ``(1) owned or operated by the United States and subject to the 
    jurisdiction of such Department;
        ``(2) located in St. Charles and St. Louis counties, Missouri, 
    or the city of St. Louis, Missouri, and
        ``(3) published in the National Priorities List.
In preparing such plans, the Secretary of Energy shall consult with the 
Administrator of the Environmental Protection Agency.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7274q, 9604, 9607, 9609, 
9613, 9617, 9622, 9659 of this title; title 10 section 2701.
