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practicable, consistent with the protection of
human health and the environment. In such
instances, the President shall select an in-
terim containment remedy for such hot spot
subject to adequate monitoring and public
reporting to ensure its continued integrity
and shall review the interim containment
remedy in accordance with subsection (c).
When the appropriate treatment technology
becomes available, as determined by the
President, that remedy shall be considered
in accordance with this section.
‘‘(iv) Notwithstanding the presence of a
hot spot, the President may select a final
containment remedy for hot spots at land-
fills and mining sites or similar facilities
under the following circumstances:
‘‘(I) The hot spot is small relative
to the overall volume of waste or con-
tamination being addressed, the hot
spot is not readily identifiable and ac-
cessible, and without the presence of the
hot spot containment would have been
selected as the appropriate remedy
under subparagraph (A) for the larger
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body of waste or area of contamination
in which the hot spot is located.
‘‘(II) The volume and a real ex-
tent of the hot spot is extraordinary
compared to other facilities, and it is
highly unlikely due to the size and
other characteristics of the hot spot
that any treatment technology will be
developed that could be implemented at
reasonable cost.
Where final containment for a hot spot is selected, the
President shall publish an explanation of the basis for
that decision.
‘‘(3) GENERIC REMEDIES.—In order to stream-
line the remedy selection process and to facilitate
rapid voluntary action, the President shall establish,
taking into account the reasonably anticipated future
land uses at the facility and the factors enumerated
in paragraph (1)(A)(i), cost-effective generic remedies
for categories of facilities, and expedited procedures
that include community involvement for selecting ge-
neric remedies at an individual facility. To be eligible
for selection at a facility, a generic remedy shall be
protective of human health and the environment at
that facility. In appropriate cases, the President may
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select a generic remedy without considering alter-
natives to the generic remedy.
‘‘(4) INSTITUTIONAL
CONTROLS.—Whenever the
President selects a remedial action which relies on re-
strictions on the use of land, water, or other resources
to achieve protection of human health and the envi-
ronment, the President shall specify the nature of the
restrictions required to achieve such protections, in-
cluding restrictions on the permissible uses of land,
prohibitions on specified activities upon the property,
restrictions on the drilling of wells or the use of
ground water, or restrictions on the use of surface
water, and may ensure that such restrictions are in-
corporated into a hazardous substance easement. In
reviewing remedial action alternatives which would
require the use of such restrictions and providing op-
portunity for public comment on those alterations, the
President shall identify the nature of any institu-
tional controls that would be required to implement
such restrictions, known or anticipated affected per-
sons, the likely duration of such restrictions, and the
anticipated costs of acquiring any appropriate haz-
ardous substance easements and enforcing the appro-
priate restrictions.’’.
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SEC. 302. REQUIREMENT TO CONSIDER REASONABLY AN-
TICIPATED FUTURE LAND USE.
Section 121(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(b)) is further amended by adding at the end
the following:
‘‘(5) LAND USE.—(A) Before selecting a remedy
under subsection (a), the President shall identify the
reasonably anticipated future uses of land at a facil-
ity as required by this Act. In identifying reasonably
anticipated future land uses, the President shall con-
sider factors that include the factors listed in sub-
paragraph (B). In the case of a military installation
that is not scheduled for closure or realignment, the
President shall consider such factors to the maximum
extent practicable.
‘‘(B) The factors referred to in subparagraph (A)
are as follows:
‘‘(i) Views expressed by members of the af-
fected community.
‘‘(ii) With respect to a Federal facility
scheduled for closure or a portion of a Federal
facility scheduled for transfer from the ownership
or control of the Federal Government to another
entity, any joint consensus recommendation of a
technical review committee established for a fa-
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cility of the Department of Defense pursuant to
section 2705(c) of title 10, United States Code,
a restoration advisory board established for such
a facility pursuant to section 2705(d) of such
title, a local land use redevelopment authority,
and another appropriate State agency, or, with
respect to a defense nuclear facility of the De-
partment of Energy, a citizen advisory board.
‘‘(iii) The land use history of the facility
and surrounding properties, the current land
uses of the facility and surrounding properties,
recent development patterns in the area where
the facility is located, and population projections
for that area.
‘‘(iv) Federal or State land use designa-
tions, including Federal facilities and national
parks, State ground water or surface water re-
charge areas established under a State’s com-
prehensive protection plan for ground water or
surface water, and recreational areas.
‘‘(v) The current land use zoning and future
land use plans of the local government with land
use regulatory authority.
‘‘(vi) The potential for economic redevelop-
ment.
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‘‘(vii) The proximity of the contamination
to residences, sensitive populations or ecosystems,
natural resources, or areas of unique historic or
cultural significance.
‘‘(viii) Current plans for the facility by the
property owner or owners, not including poten-
tial voluntary remedial measures.’’.
SEC. 303. LIMITATION ON CRIMINAL LIABILITY OF FEDERAL
OFFICERS, EMPLOYEES, AND AGENTS.
Section 120 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 U.S.C.
9620) is amended by adding at the end the following:
‘‘(k) CRIMINAL
LIABILITY.—Notwithstanding any
other provision of this Act or any other law, an officer, em-
ployee, or agent of the United States shall not be held crimi-
nally liable for a failure to comply, in any fiscal year, with
a requirement to take a response action at a facility that
is owned or operated by a department, agency, or instru-
mentality of the United States, under this Act, the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), or any other
Federal or State law unless—
‘‘(1) the officer, employee, or agent has not fully
performed any direct responsibility or delegated re-
sponsibility that the officer, employee, or agent had
under Executive Order 12088 (42 U.S.C. 4321 note)