CERCLA §120(h)
§120(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 the enactment of
this subsection but not later than 18 months after the date of
such enactment, 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 --
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 --
(A) 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, and
(B) 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.
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.
(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 (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 such
interests, as exemption from any requirement contained in this
title or under title III of the Superfund Amendments and
Reauthorization Act of 1986 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 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 Act or under title III of the Superfund Amendments and
Reauthorization Act of 1986.
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