Page:United States Statutes at Large Volume 110 Part 3.djvu/757

 PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2487 (2) by striking out "After the last day" and inserting in lieu thereof the following: "(A) IN GENERAL. —After the last day"; (3) by redesignating subparagraph (B) as clause (ii) and clauses (i) and (ii) of that subparagraph as subclauses (I) and (II), respectively; (4) by redesignating subparagraph (C) as clause (iii); (5) by moving the remainder of the text of subparagraph (A), as designated by paragraph (2) of this subsection (including the clauses and subclauses redesignated by paragraphs (1), (3), and (4) of this subsection) 2 ems to the right; (6) by striking "For purposes of subparagraph (B)(i)" and inserting the following: "(B) COVENANT REQUIREMENTS.—For purposes of subparagraphs (A)(ii)(I) and (C)(iii)"; (7) in subparagraph (B), as designated by paragraph (5), by striking "subparagraph (B)" each place it appears and inserting "subparagraph (A)(ii)"; and (8) by adding at the end the following: "(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 Eifter 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—

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