Page:United States Statutes at Large Volume 110 Part 1.djvu/583

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 559 SEC. 2832. IN-KIND CONSIDERATION FOR LEASES AT INSTALLATIONS TO BE CLOSED OR REALIGNED. Section 2667(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: "(4) The Secretary concerned may accept under subsection (b)(5) services of a lessee for an entire installation to be closed or realigned under a base closure law, or for any part of such installation, without regard to the requirement in subsection (b)(5) that a substantial part of the installation be leased.". SEC. 2833. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE OR REALIGNMENT. Section 2667(f) of title 10, United States Code, is amended by adding after paragraph (4), as added by section 2832 of this Act, the following new paragraph: "(5)(A) Notwithstanding the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of any environmental impact analysis necessary to support an interim lease of property under this subsection shall be limited to the environmental consequences of activities authorized under the proposed lease and the cumulative impacts of other past, present, and reasonably foreseeable future actions during the period of the proposed lease. "(B) Interim leases entered into under this subsection shall be deemed not to prejudice the final disposal decision with respect to the property, even if final disposal of the property is delayed until completion of the term of the interim lease. An interim lease under this subsection shall not be entered into without prior consultation with the redevelopment authority concerned. "(C) Subparagraphs (A) and (B) shall not apply to an interim lease under this subsection if authorized activities under the lease would— "(i) significantly affect the quality of the human environment; or "(ii) irreversibly alter the environment in a way that would preclude any reasonable disposal alternative of the property concerned.". SEC. 2834. AUTHORITY TO LEASE PROPERTY REQUIRING ENVIRON- MENTAL REMEDIATION AT INSTALLATIONS APPROVED FOR CLOSURE OR REALIGNMENT. Section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)) is amended in the matter following subparagraph (C)— (1) by striking out the first sentence; and (2) by adding at the end, flush to the paragraph margin, the following: "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 i

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