Page:United States Statutes at Large Volume 106 Part 3.djvu/383

 PUBLIC LAW 102-426—OCT. 19, 1992 106 STAT. 2177 "(11) 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). "(Ill) Section 2687 of title 10, United States Code. "(IV) Any provision of law authorizing the closure or realignment of a military installation enacted on or after the date of enactment of the Community Environmental Response Facilitation Act. "(F) Nothing in this paragraph shall affect, preclude, or otherwise impair the termmation of Federal Government operations on real property owned by the United States.". SEC. 4. CLARIFICATION OF COVENANT WARRANTING THAT REMEDIAL ACTION HAS BEEN TAKEN. (a) CLARIFICATION. —Paragraph (3) of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is amended by adding after the last sentence of such paragraph the following: "For purposes of subparagraph (B)(i), all remedial action described in such subparagraph nas 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.. (b) ACCESS TO PROPERTY. — Paragraph (3) of such section is further amended— (1) by striking out ", and" at the end of subparagraph (A)(iii) and inserting in lieu thereof a semicolon; (2) by striking out the period at the end of subparagraph (B)(ii) and inserting in lieu thereof"; and"; and (3) by adding after subparagraph (B) the following new subparagraph: "(Cf) 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 aft«r the date of such transfer.". SEC. 5. REQUIREMENT TO NOTIFY STATES OF CERTAIN LEASES. Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), as amended by section 3, is further amended by adding at the end the following new paragraph: "(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

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