§460lll–46 Compliance with Environmental Laws

Summary

The Chairman and the Administrator must give the Secretary all existing papers and information about the environmental condition of the land and water in the Recreation Area within 60 days of the transfer. They must also send any new environmental information to the Secretary as it becomes available. Within 120 days after transfer, the Chairman must tell the Secretary whether any work is required under environmental laws. If work is needed, the Chairman and the Secretary must sign an agreement saying the Chairman will do the work and include a schedule to finish it quickly and to the Secretary’s satisfaction. When jurisdiction moves to the Secretary, the Chairman must show proof that all required environmental actions, including any cleanups needed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), have been completed to protect people and the environment. The transfer does not remove or change the Tennessee Valley Authority’s legal responsibilities or liabilities under CERCLA or other environmental laws. After transfer, the Chairman must be allowed reasonable access to the property to carry out those TVA duties. The Secretary will not be held responsible under environmental laws for problems caused by past or present TVA activities on the Recreation Area, including costs or actions for CERCLA cleanups or penalties for contamination or noncompliance. Other federal agencies that caused releases of hazardous substances, pollutants, wastes, materials, or petroleum products remain responsible for paying cleanup and remediation costs.