PUBLIC LAW 103-337 -OCT. 5, 1994 108 STAT. 2711 for which the fine or penalty is imposed arises out of an activity funded by the transfer account.". SEC. 322. PARTICIPATION OF INDIAN TRIBES IN AGREEMENTS FOR DEFENSE ENVIRONMENTAL RESTORATION. Section 2701(d) of title 10, United States Code, is amended— (1) by striking out "SERVICE OF OTHER AGENCIES. — The Secretary" and inserting in lieu thereof the following: "SERVICE OF OTHER AGENCIES.— "(1) IN GENERAL.—The Secretary"; (2) in paragraph (1), as so designated, by inserting "or any Indian tribe" after "any State or local government agency"; and (3) by adding at the end the following: "(2) DEFINITION. —In this subsection, the term Indian tribe' has the meaning given such term in section 101(36) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(36)).". SEC. 323. EXTENSION OF AUTHORITY TO ISSUE SURETY BONDS FOR CERTAIN ENVIRONMENTAL PROGRAMS. Section 2701(j)(l) of title 10, United States Code, is amended by striking out "December 31, 1995" and inserting in lieu thereof "December 31, 1999". SEC. 324. PAYMENT OF CERTAIN STIPULATED CIVIL PENALTIES. The Secretary of Defense may pay, from funds appropriated pursuant to section 301(15), not more than $500,000 to the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) as payment of stipulated civil penalties assessed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) against the West Virginia Ordnance Works. SEC. 325. ADDITIONAL EXCEPTION TO PROHIBITION ON STORAGE AND DISPOSAL OF NONDEFENSE TOXIC AND HAZARDOUS MATERIALS AT MILITARY INSTALLATIONS. Section 2692(b) of title 10, United States Code, is amended— (1) by striking out "and" at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof"; and"; and (3) by adding at the end the following new paragraph: "(9) the treatment and disposal of any material that is not owned by the Department of Defense if the Secretary of the military department concerned determines that the material is required or generated by a private person in connection with the authorized and compatible commercial use by that person of an industrial-type facility of that military department and the Secretary enters into a contract with that person that— "(A) is consistent with the best interest of national defense and environmental security; and "(B) provides for that person's continued financial and environmental responsibility and liability with regard to the material.".
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