'96 DEFENSE AUTHORIZATION, CERCLA, & REUSE

[Aimee Houghton <aimeeh@igc.org>]

Subject: '96 DEFENSE AUTHORIZATION, CERCLA, & REUSE

Questions For The Record
Senate Armed Services Committee, Readiness Subcommittee
Environmental Security Programs

April 5, 1996
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Use of Section 2834, National Defense Authorization Act for FY 96 to 
Facilitate Reuse

 Senator McCain: Section 2834, the National Defense Authorization Act 
for Fiscal Year 1996 ensured that section 120(h)(3)(B) of the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (CERCLA, 42 U.S.C. 9620(h)(3)(B)) allowed for the use of long-term 
leases at BRAC installations that require ongoing environmental remediation.
 How has this provision facilitated reuse?

 Ms. Goodman: This provision removes a legal concern that potentially 
affected all long-term leasing since the U.S. District Court for New 
Hamphire's decision in Conservation Law Foundation Inc. v. Air Force 
Department. This provision confirms that Federal agencies may lease 
property before remedial action has been taken, but only if the agency 
concerned determines, in consultation with the US Environmental 
Protection Agency, that activities contemplated by their prospective 
lessee can proceed without risk to human health and without exacerbating 
any existing environmental problems. In practical effect, this provision 
codifies the Department's approach to lease real property, where there 
are ongoing environmental remediation activities, to allow for useful 
economic activity and help speed the revitalizational of communities 
impacted by the BRAC program.