Community Environmental Response Facilitation Act
PL 102-426 (H.R.4016), enacted 10/19/1992

106 STAT. 2174 
PUBLIC LAW 102-426—OCT. 19, 1992 
Public Law 102-426 
102d Congress 
An Act 
To amend the Comprehensive Environmental Response, Compensation, and Liability 
Oct. 19,1992 
Act of 1980 to require the Federal Government, before termination of Federal 
[H.R. 4016] 
activities on any real property owned by the Government, to identify real property 
where no hazardous substance was stored, released, or disposed of. 
Be it enacted by the Senate and House of Representatives 
of 
Community 
the United States of America in Congress assembled. 
Environmental 
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* -
X 
SECTION 1. SHORT TITLE. 
Facilitation Act. 
42 use 9601 
This Act may be cited as the "Community Environmental 
^°^- 
Response Facilitation Act". 
42 use 9620 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The closure of certain Federal facilities is having 
adverse effects on the economies of local communities by 
eliminating jobs associated with such facilities, and delay in 
remediation of environmental contamination of real property 
at such facilities is preventing transfer and private development 
of such property. 
(2) Each department, agency, or instrumentality of the 
United States, in cooperation with local communities, should 
expeditiously identify real property that offers the greatest 
opportunity for reuse and redevelopment on each facility under 
the jurisdiction of the department, agency, or instrumentality 
where operations are terminating. 
(3) Remedial actions, including remedial investigations and 
feasibility studies, and corrective actions at such Federal facili-
ties should be expedited in a manner to facilitate environmental 
protection and the sale or transfer of such excess real property 
for the purpose of mitigating adverse economic effects on the 
surrounding community. 
(4) Each department, agency, or instrumentality of the 
United States, in accordance with applicable law, should make 
available without delay such excess real property. 
(5) In the case of any real property owned by the United 
States and transferred to another person, the United States 
Government should remain responsible for conducting any 
remedial action or corrective action necessary to protect human 
health and the environment with respect to any hazardous 
substance or petroleum product or its derivatives, including 
aviation fuel and motor oil, that was present on such resd 
property at the time of transfer. 
PUBLIC LAW 102-426—OCT. 19, 1992 
106 STAT. 2175 
SEC. 3. REQUIREMENT FOR IDENTIFICATION OF LAND ON WmCH NO 
HAZARDOUS SUBSTANCES OR PETROLEUM PRODUCTS 
OR THEIR DERIVATIVES WERE STORED, RELEASED, OR 
DISPOSED OF. 
Section 120(h) of the Comprehensive Environmental Response, 
Compensation, and LiabiUty Act of 1980 (42 U.S.C. 962001)) is 
amended by adding at the end the following new paragraph: 
"(4) IDENTIFICATION OF UNCONTAMINATED PROPERTY.—(A) 
In the case of real property to which this paragraph applies 
(as set forth in subparap;raph (E)), the head of the department, 
agency, or instnmientality of the United States with jurisdiction 
over the property shall identify the real property on which 
no hazardous substances and no petroleum products or tiieir 
derivatives were stored for one year or more, known to have 
been released, or disposed of. Sucn identification shall be based 
on an investigation of the real property to determine or discover 
the obviousness of the presence or likely presence of a release 
or threatened release of any hazardous substance or any petro-
leimi product or its derivatives, including aviation fuel and 
motor oil, on the real property. The identification shall consist, 
at a minimum, of a review of each of the following sources 
of information concerning the current and previous uses of 
the real property: 
"(i) A detailed search of Federal Government records 
pertaining to the property. 
*'(ii) Recorded chain of title documents regarding the 
real property. 
(iii) Aerial photographs that may reflect prior uses 
of the real property and that are reasonably obtainable 
through State or local government agencies. 
"Uv) A visual inspection of the real property and any 
buildings, structures, equipment, pipe, pipeline, or other 
improvements on the real property, and a visual inspection 
of properties immediately acgacent to the real property. 
"(v) A physical inspection of property adjacent to the 
real property, to the extent permitted by owners or opera-
tors of such property. 
"(vi) Reasonably obtainable Federal, Stete, and local 
government records of each adjacent facility where there 
as been a release of any hazardous substance or any 
petroleiun product or its derivatives, including aviation 
fuel and motor oil, and which is likely to cause or contribute 
to a release or threatened release of any hazardous sub-
stance or any petroleum product or ite derivatives, includ-
ing aviation fuel and motor oil, on the real property. 
"(vii) Interviews with current or former employees 
involved in operations on the real property. 
Such identification shall also be based on sampUng, if appro-
priate under the circumstances. The results of the identification Public 
shall be provided immediately to the Administrator and State ™fonnation-
and local government officials and made available to the public. 
"(B) The identification required under subpara^aph (A) 
is not complete luitil concurrence in the results of the identifica-
tion is obtained, in the case of real property that is part 
of a facility on the National Priorities List, from the Adminis-
trator, or, in the case of real property that is not part of 
a facility on the National Priorities List, from the appropriate 
106 STAT. 2176 
PUBLIC LAW 102-426—OCT. 19, 1992 
State official. In the case of a concurrence which is required 
from a State official, the concurrence is deemed to be obtained 
if, within 90 days after receiving a request for the concurrence, 
the State official has not acted (by either concurring or declining 
to concur) on the request for concurrence. 
"(C)(i) Except as provided in clauses (ii), (iii), and (iv), 
the identification and concurrence required under subpara-
graphs (A) and (B), respectively, shall be made at least 6 
months before the termination of operations on the real prop-
erty. 
"(ii) In the case of real property described in subparagraph 
(E)(i)(II) on which operations have been closed or realigned 
or scheduled for closure or realignment pursuant to a base 
closure law described in subparagraph (E)(iiXI) or (E)(ii)(II) 
by the date of the enactment of the Community Environmental 
Response Facilitation Act, the identification and concurrence 
required under subparagraphs (A) and (B), respectively, shall 
be made not later than 18 months after such date of enactment. 
"(iii) In the case of real property described in subparagraph 
(E)(i)(II) on which operations are closed or realigned or become 
scheduled for closure or realignment pursuant to the base clo-
sure law described in subparagraph (E)(ii)(II) after the date 
of the enactment of the Community Environmental Response 
Facilitation Act, the identification and concurrence required 
imder subparagraphs (A) and (B), respectively, shall be made 
not later than 18 months after the date by which a joint 
resolution disapproving the closure or realignment of the real 
property imder section 2904(b) of such base closure law must 
be enacted, and such a joint resolution has not been enacted. 
"(iv) In the case of real property described in subparagraphs 
(E)(i)(II) on which operations are closed or realigned pursuant 
to a base closure law described in subparagraph (EXiiXIH) 
or (E)(ii)(IV), the identification and concurrence required under 
subparagraphs (A) and (B), respectively, shall be made not 
later than 18 months after the date on which the real property 
is selected for closure or realignment pursuant to such a base 
closure law. 
"(D) In the case of the sale or other transfer of any parcel 
of real property identified under subparagraph (A), the deed 
entered into for the sale or transfer of such property by the 
United States to any other person or entity shall contain— 
"(i) a covenant warranting that any response action 
or corrective action foimd to be necessary after the date 
of such sale or transfer shall be conducted by the United 
States; and 
"(ii) a clause granting the United States access to 
the property in any case in which a response action or 
corrective action is found to be necessary after such date 
at such property, or such access is necessary to carry 
out a response action or corrective action on adjoining 
property. 
"(EXi) This paragraph applies to— 
"(I) real property owned by the United States and 
on which the United States plans to terminate Federal 
Government operations, other than real property described 
in subclause (II); and 
PUBLIC LAW 102-426—OCT. 19, 1992 
106 STAT. 2177 
"(11) real property that is or has been used as a miUtary 
installation and on which the United States plans to close 
or realign military operations pursuant to a base closure 
law. 
"(ii) For purposes of this paragraph, the term 'base closure 
law* includes the following: 
"(I) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note). 
"(II) The Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note). 
"(Ill) Section 2687 of title 10, United States Code. 
"(IV) Any provision of law authorizing the closure or 
realignment of a military installation enacted on or after 
the date of enactment of the Community Environmental 
Response Facilitation Act. 
"(F) Nothing in this paragraph shall affect, preclude, or 
otherwise impair the termmation of Federal Government oper-
ations on real property owned by the United States.". 
SEC. 4. CLARIFICATION OF COVENANT WARRANTING THAT REMEDIAL 
ACTION HAS BEEN TAKEN. 
(a) CLARIFICATION.—Paragraph (3) of section 120(h) of the Com-
prehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9620(h)(3)) is amended by adding after 
the last sentence of such paragraph the following: "For purposes 
of subparagraph (B)(i), all remedial action described in such 
subparagraph nas been taken if the construction and installation 
of an approved remedial design has been completed, and the remedy 
has been demonstrated to the Administrator to be operating prop-
erly and successfully. The carrying out of long-term pumping and 
treating, or operation and maintenance, after the remedy has been 
demonstrated to the Administrator to be operating properly and 
successfully does not preclude the transfer of tiie property. . 
(b) ACCESS TO PROPERTY.—Paragraph (3) of such section is 
further amended— 
(1) by striking out ", and" at the end of subparagraph 
(AXiii) and inserting in lieu thereof a semicolon; 
(2) by striking out the period at the end of subparagraph 
(B)(ii) and inserting in lieu thereof"; and"; and 
(3) by adding after subparagraph (B) the following new 
subparagraph: 
"(Cf) a clause granting the United States access to 
the property in any case in which remedial action or correc-
tive action is found to be necessary aft«r the date of such 
transfer.". 
SEC. 5. REQUIREMENT TO NOTIFY STATES OF CERTAIN LEASES. 
Section 120(h) of the Comprehensive Environmental Response, 
Compensation, and LiabiUty Act of 1980 (42 U.S.C. 9620(h)), as 
amended by section 3, is further amended by adding at the end 
the following new paragraph: 
"(5) NOTIFICATION OF STATES REGARDING CERTAIN LEASES.— 
In the case of real property owned by the United States, on 
which any hazardous substance or any petroleum product or 
its derivatives (including aviation fuel and motor oil) was stored 
for one year or more, known to have been released, or disposed 
106 STAT. 2178 
PUBLIC LAW 102-426—OCT. 19, 1992 
of, and on which the United States plans to terminate Federal 
Government operations, the head of the department, agency, 
or instrumentalitv of the United States with jurisdiction over 
the property shall notify the State in which the property is 
located of any lease entered into by the United States that 
will encumber the property beyond the date of termination 
of operations on the property. Such notification shall be made 
before entering into the lease and shall include the length 
of the lease, the name of person to whom the property is 
leased, and a description of the uses that will be allowed 
under the lease of the property and buildings and other struc-
tiires on the property.". 
Approved October 19, 1992. 
LEGISLATIVE fflSTORY—H.R. 4016: 
HOUSE REPORTS: Nos. 102-814 (Ctomm. on Energy and Ck)mmerce) and 102-986 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 10, considered and passed House. 
Sept. 18, considered and passed Senate, amended. 
Oct. 5, Senate and House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCmiENTS, Vol. 28 (1992): 
Oct. 19, Presidential statement.