Page:United States Statutes at Large Volume 114 Part 3.djvu/877

 PUBLIC LAW 106-429—APPENDIX A-1 114 STAT. 1900A-75 provide to the Secretary an assessment indicating what action, if any, is required under any environmental law on covered land. (2) MEMORANDUM OF UNDERSTANDING. — If the assessment concludes that action is required under any environmental law with respect to any portion of the covered land, the Secretary and the Tennessee Valley Authority shall enter into a memorandum of understanding that— I (A) provides for the performance by the Tennessee Valley Authority of the required actions identified in the assessment; and (B) includes a schedule providing for the prompt completion of the required actions to the satisfaction of the Secretary. (d) DOCUMENTATION DEMONSTRATING ACTION. —The Tennessee Valley Authority shall provide the Secretary with documentation demonstrating that all actions required under any environmental law have been taken, including all response actions that are necessary to protect human health and the environment with respect to any hazardous substance, pollutant or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on covered land. (e) CONTINUATION OF RESPONSIBILITIES AND LIABILITIES.— (1) IN GENERAL. —The transfer of covered land under this Act, and the requirements of this section, shall not affect the responsibilities and liabilities of the Tennessee Valley Authority under any environmental law. (2) ACCESS. —The Tennessee Valley Authority shall have access to the property that may be reasonably required to carry out a responsibility or satisfy a liability referred to in paragraph (1). (3) ADDITIONAL TERMS AND CONDITIONS.— The Secretary may require such additional terms and conditions in connection with the transfer of covered land under this Act as the Secretary considers to be appropriate to protect the interest of the United States concerning the continuation of any responsibilities and liabilities under any environmental law. (4) No EFFECT ON RESPONSIBILITIES OR LL\BILITIES. —Nothing in this Act affects, directly or indirectly, the responsibilities or liabilities under any environmental law of any person with respect to the Secretary. (f) OTHER FEDERAL AGENCIES. —Subject to the other provisions of this section, a Federal agency that carried or carries out operations on covered land resulting in the release or threatened release of a hazardous substance, pollutant or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product for which that agency would be liable under any environmental law shall pay— (1) the costs of related response actions; and (2) the costs of related actions to remediate petroleum products or their derivatives.

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