16 U.S.C. § 460lll–46: Compliance with…

Summary

The Chairman and the Administrator must give the Secretary all existing reports and information about the land and water conditions in the Recreation Area within 60 days after the transfer. They must also send any new reports as they become available. The Chairman must give the Secretary, within 120 days after the transfer, a written review saying what, if any, cleanup or other actions are required under environmental laws. If the review says action is needed, the Secretary and the Chairman must sign a written agreement that makes the Chairman carry out those actions and sets a schedule for finishing them. At the time jurisdiction moves, the Chairman must also provide proof that all required actions, including any needed Superfund (CERCLA, 42 U.S.C. 9601 et seq.) cleanups to protect health and the environment, have been completed. Giving the land to the Secretary does not remove the Tennessee Valley Authority’s (TVA’s) legal responsibilities or debts under Superfund or other environmental laws. TVA must be allowed access to the property to meet those duties. The Secretary will not be held responsible under environmental laws for problems caused by TVA in the past or present, including cleanup costs, penalties, or fines related to releases or threats from hazardous substances, pollutants, wastes, hazardous materials, or petroleum products (or their derivatives). Other federal agencies that caused releases remain responsible and must pay for cleanup and petroleum remediation.

Title 16, §460lll–46

Conservation, Source: USLM XML via OLRC

(a)Documentation of existing conditions

(1)In general

Not later than 60 days after the date of transfer pursuant to section 460lll–41 of this title, the Chairman and the Administrator shall provide the Secretary all documentation and information that exists on the environmental condition of the land and waters comprising the Recreation Area property.

(2)Additional documentation

The Chairman and the Administrator shall provide the Secretary with any additional documentation and information regarding the environmental condition of the Recreation Area property as such documentation and information becomes available.

(b)Action required

(1)Assessment

Not later than 120 days after the date of transfer pursuant to section 460lll–41 of this title, the Chairman shall provide to the Secretary an assessment indicating what action, if any, is required under any environmental law on Recreation Area property.

(2)Memorandum of understanding

If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area property, the Secretary and the Chairman shall enter into a memorandum of understanding that—

(A)provides for the performance by the Chairman 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.

(c)Documentation demonstrating action

On the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary, the Chairman shall provide the Secretary with documentation demonstrating that all actions required under any environmental law have been taken, including all response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that are necessary to protect human health and the environment with respect to any hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on Recreation Area property.

(d)Continuation of responsibilities and liabilities

(1)In general

The transfer of the Recreation Area property under this subchapter, and the requirements of this section, shall not in any way affect the responsibilities and liabilities of the Tennessee Valley Authority at the Recreation Area under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other environmental law.

(2)Access

After transfer of the Recreation Area property, the Chairman shall be accorded any access to the property that may be reasonably required to carry out the responsibility or satisfy the liability referred to in paragraph (1).

(3)No liability

The Secretary shall not be liable under any environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on the Recreation Area property, including liability for— (A)

(B)costs, penalties, fines, or performance of actions related to noncompliance with any environmental law at or related to the Recreation Area or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Recreation Area, including contamination resulting from migration.

(4)No effect on responsibilities or liabilities

Except as provided in paragraph (3), nothing in this subchapter affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under any environmental law with respect to the Secretary.

(e)Other Federal agencies

Subject to the other provisions of this section, a Federal agency that carried or carries out operations at the Recreation Area 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 the costs of related response actions and shall pay the costs of related actions to remediate petroleum products or their derivatives.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsecs. (c) and (d)(1), (3)(A), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 9601 of Title 42 and Tables.

§460lll–46 Compliance with Environmental Laws