Page:United States Statutes at Large Volume 114 Part 3.djvu/96

 114 STAT. 1654A-54 PUBLIC LAW 106-398—APPENDIX (b) OPERATION AND MONITORING OF ENVIRONMENTAL REM- EDIES.—Such section is further amended by adding at the end the following new subsection: "(f) SOLE SOURCE OF FUNDS FOR OPERATION AND MONITORING OF ENVIRONMENTAL REMEDIES.— (1) The sole source of funds for all phases of an environmental remedy at a site under the jurisdiction of the Department of Defense or a formerly used defense site shall be the applicable environmental restoration account established under subsection (a). "(2) In this subsection, the term 'environmental remedy' has the meaning given the term 'remedy' in section 101 of CERCLA (42 U.S.C. 9601).". SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES. Subsection (b) of section 2703 of title 10, United States Code, is amended to read as follows: "(b) OBLIGATION OF AUTHORIZED AMOUNTS. — (1) Funds authorized for deposit in an account under subsection (a) may be obligated or expended from the account only— "(A) to carry out the environmental restoration functions of the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law; and "(B) to pay for the costs of permanently relocating a facility because of a release or threatened release of hazardous substances, pollutants, or contaminants from— "(i) real property on which the facility is located and that is currently under the jurisdiction of the Secretary of Defense or the Secretary of a military department; or "(ii) real property on which the facility is located and that was under the jurisdiction of the Secretary of Defense or the Secretary of a military department at the time of the actions leading to the release or threatened release. "(2) The authority provided by paragraph (1)(B) expires September 30, 2003. The Secretary of Defense or the Secretary of a military department may not pay the costs of permanently relocating a facility under such paragraph unless the Secretary— "(A) determines that permanent relocation— "(i) is the most cost effective method of responding to the release or threatened release of hazardous substances, pollutants, or contaminants from the real property on which the facility is located; "(ii) has the approval of relevant regulatory agencies; and "(iii) is supported by the affected community; and "(B) submits to Congress written notice of the determination before undertaking the permanent relocation of the facility, including a description of the response action taken or to be taken in connection with the permanent relocation and a statement of the costs incurred or to be incurred in connection with the permanent relocation. "(3) If relocation costs are to be paid under paragraph (1)(B) with respect to a facility located on real property described in clause (ii) of such paragraph, the Secretary of Defense or the Secretary of the military department concerned may use only fund transfer mechanisms otherwise available to the Secretary.

�