Volume 141, No. 89 covering the 1st Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE HANFORD LAND MANAGEMENT ACT” mentioning the Environmental Protection Agency was published in the Senate section on pages S7629-S7630 on May 26, 1995.
The publication is reproduced in full below:
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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