REQUIRING THE SECRETARY OF THE ARMY TO UNDERTAKE REMEDIATION OVERSIGHT OF THE WEST LAKE LANDFILL; Congressional Record Vol. 162, No. 19
(Senate - February 02, 2016)

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[Pages S529-S530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REQUIRING THE SECRETARY OF THE ARMY TO UNDERTAKE REMEDIATION OVERSIGHT 
                       OF THE WEST LAKE LANDFILL

  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the 
Committee on Environment and Public Works be discharged from further 
consideration of S. 2306 and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 2306) to require the Secretary of the Army, 
     acting through the Chief of Engineers, to undertake 
     remediation oversight of the West Lake Landfill located in 
     Bridgeton, Missouri.

  There being no objection, the Senate proceeded to consider the bill.
  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, and the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2306) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 2306

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TRANSFER OF OVERSIGHT AUTHORITY FROM EPA TO CORPS 
                   OF ENGINEERS.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (2) Site.--The term ``site'' means the West Lake Landfill 
     located in Bridgeton, Missouri.
       (b) Transfer.--Notwithstanding any other provision of law, 
     as soon as practicable after the date of enactment of this 
     Act, the Secretary shall--
       (1) under the Formerly Utilized Sites Remedial Action 
     Program, undertake the functions and activities described in 
     section 611 of the Energy and Water Development 
     Appropriations Act, 2000 (10 U.S.C. 2701 note; 113 Stat. 502) 
     as the lead agency responding to radioactive contamination at 
     the site; and
       (2) carry out remediation activities at the site in 
     accordance with that section.
       (c) Cost Recovery.--The Secretary, in coordination with the 
     Administrator of the Environmental Protection Agency and the 
     Attorney General, shall--
       (1) seek to recover any response costs incurred by the 
     Secretary in carrying out this section in accordance with the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
       (2) return any funds that are recovered under paragraph (1) 
     to be used to carry out the Formerly Utilized Sites Remedial 
     Action Program of the Corps of Engineers.
       (d) Funding.--The Secretary shall use amounts made 
     available to the Secretary to carry out the Formerly Utilized 
     Sites Remedial Action Program to carry out this section.
       (e) Savings Provisions.--
       (1) No liability.--Nothing in subsection (b) creates 
     liability for--
       (A) the Secretary for--
       (i) contamination at the site; or

[[Page S530]]

       (ii) any actions or failures to act by any past, current, 
     or future licensees, owners, operators, or users of the site; 
     or
       (B) any other party involved with the site.
       (2) No effect on liability under other law.--Nothing in 
     subsection (b) alters the liability of any party relating to 
     the site under any other provision of law.
       (3) No effect on superfund status; national priorities list 
     designation.--Nothing in this Act affects the designation of 
     the site as a Superfund site under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) or the listing of the site on 
     the national priorities list under section 105 of that Act 
     (42 U.S.C. 9605).

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