PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.

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.”.119 STAT. 3191(b) Source of Funds for Former BRAC Property Subject to Covenant for Additional Remedial Action.—Section 2703 of such title is amended—(1) in subsection (g)(1), by striking “The sole source” and inserting “Except as provided in subsection (h), the sole source”; and(2) by adding at the end the following new subsection:“(h) Sole Source of Funds for Environmental Remediation at Certain Base Realignment and Closure Sites.—In the case of property disposed of pursuant to a base closure law and subject to a covenant that was required to be provided by paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), the sole source of funds for services procured under subsection 2701(d)(1) of this title shall be the applicable Department of Defense base closure account. The limitation in this subsection shall expire upon the closure of the applicable base closure account.”.