Page:United States Statutes at Large Volume 115 Part 2.djvu/65

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1049 for public and environmental exposure to the unexploded ordnance, discarded military munitions, or munitions constituents. "(b) SITE PRIORITIZATION.— (1) The Secretary shall develop, in consultation with representatives of the States and Indian Tribes, a proposed protocol for assigning to each defense site a relative priority for response activities related to unexploded ordnance, discarded military munitions, and munitions constituents based on the overall conditions at the defense site. After public notice and comment on the proposed protocol, the Secretary shall issue a final protocol and shall apply the protocol to defense sites listed on the inventory. The level of response priority assigned the site shall be included with the information required by subsection (a)(2). "(2) In assigning the response priority for a defense site on the inventory, the Secretary shall primarily consider factors relating to safety and environmental hazard potential, such as the following: "(A) Whether there are known, versus suspected, unexploded ordnance, discarded military munitions, or munitions constituents on all or any portion of the defense site and the types of unexploded ordnance, discarded military munitions, or munitions constituents present or suspected to be present. "(B) Whether public access to the defense site is controlled, and the effectiveness of these controls. "(C) The potential for direct human contact with unexploded ordnance, discarded military munitions, or munitions constituents at the defense site and evidence of people entering the site. "(D) Whether a response action has been or is being undertaken at the defense site under the Formerly Used Defense Sites program or other program. "(E) The planned or mandated dates for transfer of the defense site from military control. "(F) The extent of any documented incidents involving unexploded ordnance, discarded military munitions, or munitions constituents at or from the defense site, including incidents involving explosions, discoveries, injuries, reports, and investigations. "(G) The potential for drinking water contamination or the release of munitions constituents into the air. "(H) The potential for destruction of sensitive ecosystems and damage to natural resources. "(3) The priority assigned to a defense site included on the inventory shall not impair, alter, or diminish any applicable Federal or State authority to establish requirements for the investigation of, and response to, environmental problems at the defense site. "(c) UPDATES AND AVAILABILITY. —(1) The Secretary shall annually update the inventory and site prioritization list to reflect new information that becomes available. The inventory shall be available in published and electronic form. "(2) The Secretary shall work with communities adjacent to a defense site to provide information concerning conditions at the site and response activities. At a minimum, the Secretary shall provide the site inventory information and site prioritization list to appropriate Federal, State, tribal, and local officials, and, to the extent the Secretary considers appropriate, to civil defense or emergency management agencies and the public. "(d) EXCEPTIONS. —This section does not apply to the following: Protocol. Public information. Applicability. 89-194O -03 -3 QL3 Part2

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