Page:United States Statutes at Large Volume 110 Part 1.djvu/621

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PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 597 the Secretary of the Army and the Administrator concur that all response actions have been taken under CERCLA necessary to protect human health and the environment with respect to any hazardous substance remaining on the property. The Secretary of the Army may make transfers under this subsection on a parcelby-parcel basis. (c) DOCUMENTATION OF ENVIRONMENTAL CONDITION OF PAR- CELS; ASSESSMENT OF REQUIRED ACTIONS UNDER OTHER ENVIRON- MENTAL LAWS.— (1) DOCUMENTATION.— The Secretary of the Army and the Administrator shall provide to the Secretary of Agriculture all documentation and information that exists on the date the - documentation and information is provided relating to the environmental condition of the Arsenal property proposed for transfer under subsection (a) or (b), including documentation that supports the finding that all response actions have been taken under CERCLA necessary to protect human health and the environment with respect to any hazardous substance remaining on the property. (2) ASSESSMENT. — The Secretary of the Army shall provide to the Secretary of Agriculture an assessment, based on information in existence at the time the assessment is provided, indicating what further action, if any, is required under any environmental law (other than CERCLA) on the Arsenal property proposed for transfer under subsection (a) or (b). (3) TIME FOR SUBMISSION OF DOCUMENTATION AND ASSESS- MENT. — The documentation and assessments required to be submitted to the Secretary of Agriculture under this subsection shall be submitted— (A) in the case of the transfers required by subsection (a), not later than 210 days after the date of the enactment of this title; and (B) in the case of the transfers required by subsection (b), not later than 60 days before the earliest date on which the property could be transferred. (4) SUBMISSION OF ADDITIONAL INFORMATION.—The Secretary of the Army and the Administrator shall have a continuing obligation to provide to the Secretary of Agriculture any additional information regarding the environmental condition of property to be transferred under subsection (a) or (b) as such information becomes available. (d) EFFECT OF ENVIRONMENTAL ASSESSMENT.— (1) AUTHORITY OF SECRETARY OF AGRICULTURE TO DECLINE IMMEDIATE TRANSFER.— If a parcel of Arsenal property to be transferred under subsection (a) or (b) includes property for which the assessment under subsection (c)(2) concludes further action is required under any environmental law (other than CERCLA), the Secretary of Agriculture may decline immediate transfer of the parcel. With respect to such a parcel, the Sec- Memorandum, retary of the Army and the Secretary of Agriculture shall enter into a memorandum of understanding providing for the performance by the Secretary of the Army of the required actions identified in the Army assessment. The memorandum of understanding shall be entered into within 90 days after the date on which the Secretary of Agriculture declines immediate transfer of the parcel and shall include a schedule for the completion of the required actions as soon as practicable.