Page:United States Statutes at Large Volume 110 Part 3.djvu/1081

This page needs to be proofread.


PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2811 the withdrawal and reservation established by this subtitle as it applies to the lands proposed for relinquishment. Should the decision be made to revoke the withdrawal and reservation, the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall— (1) terminate the withdrawal and reservation; (2) constitute official acceptsince of full jurisdiction over the lands by the Secretary of the Interior; and (3) state the date upon which the lands will be opened to the operation of the public land laws, including the mining laws if appropriate. SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINATION AND EFFECT OF CONTAMINATION. (a) DETERMINATION OF PRESENCE OF CONTAMINATION. — (1) BEFORE RELINQUISHMENT NOTICE.— Before filing a relinquishment notice under section 2908(c), the Secretary of the Army shall prepare a written determination as to whether and to what extent the lands to be relinquished are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination made by the Secretary of the Army shall be supplied with the relinquishment notice. Copies of Federal Register, both the relinquishment notice and the determination under publication, this subsection shall be published in the Federal Register by the Secretary of the Interior. (2) UPON TERMINATION OF WITHDRAWAL.—At the expiration of the withdrawal period made by this Act, the Secretary of the Interior shall determine whether and to what extent the lands withdrawn by this subtitle are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws. (b) PROGRAM OF DECONTAMINATION.— (1) IN GENERAL. — Throughout the duration of the withdrawal and reservation made by this subtitle, the Secretary of the Army, to the extent funds are made available, shall maintain a program of decontamination of the lands withdrawn by this subtitle at least at the level of efibrt carried out during fiscal year 1992. (2) DECONTAMINATION OF LANDS TO BE RELINQUISHED.— In the case of lands subject to a relinquishment notice under section 2908(c) that are contaminated, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose if the Secretary of the Interior, in consultation with the Secretary of the Army, determines that— (A) decontamination of the lands is practicable and economically feasible, taking into consideration the potential future use and value of the land; and (B) upon decontamination, the land could be opened to the operation of some or all of the public land laws, including the mining laws. (c) AUTHORITY OF SECRETARY OF THE INTERIOR TO REFUSE CONTAMINATED LANDS.— The Secretary of the Interior shall not be required to accept lands proposed for relinquishment if the Secretary of the Army and the Secretary of the Interior conclude that—