16 USC 460lll-46 - Compliance with environmental laws

U.S Code last checked for updates: Nov 22, 2024

§ 460lll–46.

Compliance with environmental laws

(a)

Documentation of existing conditions

(1)

In general

(2)

Additional documentation

(b)

Action required

(1)

Assessment

(2)

Memorandum of understanding

If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area property, the Secretary and the Chairman shall enter into a memorandum of understanding that—

(A)

provides for the performance by the Chairman of the required actions identified in the assessment; and

(B)

includes a schedule providing for the prompt completion of the required actions to the satisfaction of the Secretary.

(c)

Documentation demonstrating action

(d)

Continuation of responsibilities and liabilities

(1)

In general

(2)

Access

(3)

No liability

The Secretary shall not be liable under any environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on the Recreation Area property, including liability for—

(A)

costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related to the Recreation Area; or

(B)

costs, penalties, fines, or performance of actions related to noncompliance with any environmental law at or related to the Recreation Area or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Recreation Area, including contamination resulting from migration.

(4)

No effect on responsibilities or liabilities

(e)

Other Federal agencies

(Pub. L. 105–277, div. A, § 101(e) [title V, § 546], Oct. 21, 1998, 112 Stat. 2681–231, 2681–320.)

cite as: 16 USC 460lll-46