[Congressional Record Volume 141, Number 89 (Friday, May 26, 1995)]
[Senate]
[Pages S7629-S7630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    THE HANFORD LAND MANAGEMENT ACT

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              JOHNSTON (AND MURKOWSKI) AMENDMENT NO. 1201

  (Ordered referred to the Committee on Energy and Natural Resources.)
  Mr. JOHNSTON (for himself and Mr. Murkowski) submitted an amendment 
intended to be proposed by them to the bill (S. 871) to provide for the 
management and disposition of the Hanford Reservation, to provide for 
environmental management activities at the reservation, and for other 
purposes; as follows:

       After section 7, add the following:

     ``SEC. 8. COMPLIANCE WITH CERCLA, RCRA, NEPA, AND OTHER LAWS.

       ``(a) Policy.--This Act shall govern all land management 
     and environmental management activities at the Hanford 
     Reservation and shall preempt any provision of federal, 
     state, or local law or regulation, or any agreement entered 
     into by the Department of Energy that is inconsistent with 
     this Act.
       ``(b) Preemption.--No environmental management activity 
     conducted by the Secretary or the employees or contractors of 
     the Secretary at the Hanford Reservation shall be subject 
     to--
       ``(1) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601-
     9675);
       ``(2) the Solid Waste Disposal Act (42 U.S.C. 6901 to 
     6992k, also known as the Resource Conservation and Recovery 
     Act);
       ``(3) any state or local law or regulation relating to 
     environmental management activities; or [[Page S7630]] 
       ``(4) the Tri-Party Agreement between the Department, the 
     Environmental Protection Agency, and the Washington State 
     Department of Ecology.
       ``(c) Voluntary Compliance.--Notwithstanding subsection 
     (b), the Secretary may, in his discretion, comply with 
     provisions of laws preempted by this section to the extent 
     the Secretary determines appropriate, practicable, and cost-
     effective. The Secretary shall include a list of any such 
     provisions of law in the environmental management plan 
     submitted to Congress under this Act.
       ``(d) Compliance With NEPA.--Compliance with the procedures 
     and requirements of this Act shall be deemed adequate 
     consideration of the need for the federal actions specified 
     in the environmental management plan, alternatives
      to the specified actions, and the environmental impacts 
     thereof for purposes of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332). Submission of the 
     environmental management plan in accordance with the Act 
     shall be deemed to satisfy the responsibilities of the 
     Secretary under the National Environmental Policy Act and 
     no further consideration shall be required.

     ``SEC. 9. LIABILITY.

       ``(a) Civil Penalties and Fines.--The second sentence of 
     section 6001(a) of the Solid Waste Disposal Act (42 U.S.C. 
     6961(a), relating to civil and administrative penalties and 
     fines) is repealed.
       ``(b) Waiver of Sovereign Immunity.--The third sentence of 
     section 6001(a) of the Solid Waste Disposal Act (42 U.S.C. 
     6961(a), relating to the waiver of immunity by the United 
     States) is repealed.
       ``(c) Criminal Liability.--The seventh sentence of section 
     6001(a) of the Solid Waste Disposal Act (42 U.S.C. 6961(a)) 
     is amended--
       ``(1) by striking--
       `An agent, employee, or officer of the United States shall 
     be subject to any criminal sanction (including, but not 
     limited to, any fine or imprisonment) under any Federal or 
     State solid or hazardous waste law, but no department, 
     agency, or instrumentality of the executive, legislative, or 
     judicial branch of the Federal Government shall be subject to 
     any such sanction.'; and
       ``(2) by inserting the following--
       `No department, agency, or instrumentality of the 
     executive, legislative, or judicial branch of the Federal 
     Government shall be subject to any criminal sanction 
     (including, but not limited to, any fine or imprisonment) 
     under any Federal or State solid or hazardous waste law.'.
       ``(d) Conforming Amendments.--(1) Section 6001(c) of the 
     Solid Waste Disposal Act (42 U.S.C. 6961(c), relating to 
     state use of penalties and fines collected from the United 
     States) is repealed.
       ``(2) Section 102(c) of the Federal Facility Compliance Act 
     (42 U.S.C. 6961 note, relating to effective dates) is 
     repealed.
       ``(e) Environmental Damages.--Notwithstanding section 107 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9607) or any other 
     provision of law, the United States shall not be liable for 
     any environmental response costs, natural resource loss, or 
     other damages arising out of federal activities at the 
     Hanford Reservation.''
     

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