119 STAT. 3190
PUBLIC LAW 109–163—JAN. 6, 2006
Subtitle B—Environmental Provisions SEC. 311. ELIMINATION AND SIMPLIFICATION OF CERTAIN ITEMS REQUIRED IN THE ANNUAL REPORT ON ENVIRONMENTAL QUALITY PROGRAMS AND OTHER ENVIRONMENTAL ACTIVITIES.
Section 2706(b)(2) of title 10, United States Code, is amended— (1) by striking subparagraphs (D) and (E); (2) by inserting after subparagraph (C) the following new subparagraph: ‘‘(D) A summary of fines and penalties imposed or assessed against the Department of Defense and the military departments under Federal, State, or local environmental laws during the fiscal year in which the report is submitted and the four preceding fiscal years, which summary shall include— ‘‘(i) a trend analysis of such fines and penalties for military installations inside and outside the United States; and ‘‘(ii) a list of such fines or penalties that exceeded $1,000,000 and the provisions of law under which such fines or penalties were imposed or assessed.’’; and (3) by redesignating subparagraph (F) as subparagraph (E) and, in such subparagraph, by striking ‘‘and amounts for conferences’’ and all that follows through ‘‘such activities’’. SEC. 312. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) ACTIVITIES AT FORMER DEFENSE PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION.—Section 2701(d) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by inserting ‘‘any owner of covenant property,’’ after ‘‘any Indian tribe,’’; and (B) by inserting ‘‘owner,’’ after ‘‘, Indian tribe,’’; (2) in paragraph (3), by adding at the end the following new sentence: ‘‘An agreement under such paragraph with respect to a site also may not change the cleanup standards selected for the site pursuant to law.’’; (3) in paragraph (4), by adding at the end the following new subparagraph: ‘‘(C) The term ‘owner of covenant property’ means an owner of property subject to a covenant provided by the United States in accordance with the requirements of paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), so long as the covenant property is the site at which the services procured under paragraph (1) are to be performed.’’; and (4) by adding at the end the following new paragraph: ‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection affects the applicability of section 120 of CERCLA (42 U.S.C. 6920) to the Department of Defense or the obligations and responsibilities of the Department of Defense under subsection (h) of such section.’’.
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