Pub. L. 106-60, tit. VI, sec. 611

Sec. 611. (a) The Secretary of the Army, acting through the Chief of Engineers, in carrying out the program known as the Formerly Utilized Sites Remedial Action Program, shall undertake the following functions and activities to be performed at eligible sites where remediation has not been completed: (1) Sampling and assessment of contaminated areas. (2) Characterization of site conditions. (3) Determination of the nature and extent of contamination. (4) Selection of the necessary and appropriate response actions as the lead Federal agency. (5) Cleanup and closeout of sites. (6) Any other functions and activities determined by the Secretary of the Army, acting through the Chief of Engineers, as necessary for carrying out that program, including the acquisition of real estate interests where necessary, which may be transferred upon completion of remediation to the administrative jurisdiction of the Secretary of Energy. (b) Any response action under that program by the Secretary of the Army, acting through the Chief of Engineers, shall be subject to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in this section referred to as “CERCLA”), and the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR 300). (c) Any sums recovered under CERCLA or other authority from a liable party, contractor, insurer, surety, or other person for any expenditures by the Army Corps of Engineers or the Department of Energy for response actions under that program shall be credited to the amounts made available to carry out that program and shall be available until expended for costs of response actions for any eligible site. (d) The Secretary of Energy may exercise the authority under section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to make payments in lieu of taxes for federally owned property at which activities under that program are carried out, regardless 113 STAT. 503of which Federal agency has administrative jurisdiction over the property and notwithstanding any reference to “the activities of the Commission” in that section. (e) This section does not alter, curtail, or limit the authorities, functions, or responsibilities of other agencies under CERCLA or, except as stated in this section, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (f) This section shall apply to fiscal year 2000 and each succeeding fiscal year. This Act may be cited as the “Energy and Water Development Appropriations Act, 2000”.