01-26-1993 PTRC Meeting MInutes - Laserfiche WebLink

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i. } NG.-2nd SESS. Oct. Oct, 19 ENVIRONMENTAL RESPONSE ACT P.L. 102-I26 concurrence which is required, "(II) real property that is or has been used as a military Tence is deemed to be obtain installation and on which the United States plans to close a request for the concurrent or realign military operations pursuant to a base closure )y either concurring or declinin law. :urrence. "(ii) For purposes of this paragraph, the term 'base closure in clauses (ii), (iii), and (iv law' includes the following: ence required under subpara (I) Title II of the Defense Authorization Amendments !ly, shall be made at least and Base Closure and Realignment Act (Public Law 100- of operations on the real pro 526; 10 U.S.C. 2687 note). "(II) The Defense Base Closure and Realignment Act erty described in subparagraph of 1990 (part A of title XXIX of Public Law 101-510; have been closed or realigned'. 10 U.S.C. 2687 note). alignment pursuant to a base (III) Section 2687- of title 10, United States Code. ali graph (pursuant or (EXiiXII "(IV) Any provision of law authorizing the closure or the Community Environments!. realignment of a military installation enacted on or after identification and concurrence the date of enactment of the Community Environmental (A) and (B), respectively, shall Response Facilitation Act. Zs after such date enactment "(F) Nothing in this paragraph shall affect, preclude, or is a described in subparagraph otherwise impair the termination of Federal Government oper- e closed or realigned or become ations on real property owned by the United States.". went pursuant to the base clo- SEC. 4. CLARIFICATION OF COVENANT WARRANTING THAT REMEDIAL graph (EXiiXII) after the date a ACTION HAS BEEN TAKEN. unity Environmental Response (a) CLARIFICATION.—Paragraph (3) of section 120(h) of the Com- :ion and concurrence required prehensive Environmental Response, Compensation, and Liability B), respectively, shall be made, Act of 1980 (42 U.S.C. 9620(hX3)) is amended by adding after er the date by which a joint_ the last sentence of such paragraph the following: "For purposes lure or realignment of the real`- of subparagraph (BXi), all remedial action described in such of SuSbbase closure law must- subparagraph has been taken if the construction and installation soluf has not been enacted. of an approved remedial design has been completed, and the remedy '-rty' bed in subparagraphs has been demonstrated to the Administrator to be operating prop- 'e closed or realigned pursuant erly and successfully. The carrying out of long-term pumping and W in subparagraph (EXiiXIII) f treating, or operation and maintenance, after the remedy has been ind concurrence required under demonstrated to the Administrator to be operating properly and spectively, shall be made not successfully does not preclude the transfer of the property. . late on which the real property _ (b) ACCESS To PROPERTY.—Paragraph (3) of such section is invent pursuant to such a base further amended— (1) by striking out ", and" at the end of subparagraph or other transfer of any parcel (AXiii)and inserting in lieu thereof a semicolon; er subparagraph (A), the deed (2) by striking out the period at the end of subparagraph infer of such property by the (BXii) and inserting in lieu thereof"; and"; and rson or entity shall contain— "' (3) by adding after subparagraph (B) the following new subparagra h: '.ting that any response action ,,, " pp to be necessary after the data K (C) a clause granting the United States access to the property in any case in which remedial action or correc- all be conducted by the United tive action is found to be necessary after the date of such the United States access to transfer.". n which a response action or SEC.a.REQUIR]WENT TO NOTIFY STATES OF CERTAIN LEASES. o be necessary after such date Section 120(h) of the Comprehensive Environmental Response, access is necessary to carry , Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), as corrective action on adjoining amended by section 3, is further amended by adding at the end the following new paragraph: ,a to— "(5)NOTIFICATION OF STATES REGARDING CERTAIN LEASEs.— ed by the United States and In the case of real property owned by the United States, on !a plans to terminate Federal which any hazardous substance or any petroleum product or er than real property described its derivatives (including aviation fuel and motor oil)was stored is for one year or more, known to have been released, or disposed 2176 106 STAT. 2177