Sec. 323. PILOT PROGRAM FOR EXPEDITED ENVIRONMENTAL RESPONSE ACTIONS
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## SEC. 323 PILOT PROGRAM FOR EXPEDITED ENVIRONMENTAL RESPONSE ACTIONS **[**[10 U.S.C. 2701 note](/us/usc/t10/s2701)**]** ###
(a)Establishment The Secretary of Defense shall establish a pilot program to expedite the performance of on-site environmental restoration at— ####
(1)military installations scheduled for closure under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note); ####
(2)military installations scheduled for closure under 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); and ####
(3)facilities for which the Secretary is responsible under the Defense Environmental Restoration Program established under section 2701 of title 10, United States Code. ###
(b)Selection of Installations and Facilities ####
(1)For participation in the pilot program, the Secretary shall select— #####
(A)2 military installations referred to in subsection (a)(1); #####
(B)4 military installations referred to in subsection (a)(2), consisting of— ######
(i)2 military installations scheduled for closure as of the date of the enactment of this Act; and ######
(ii)2 military installations included in the list transmitted by the Secretary no later than April 15, 1993, pursuant to section 2903(c)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note) and recommended in a report transmitted by the President in that year pursuant to section 2903(e) of such Act and for which a joint resolution disapproving such recommendations is not enacted by the deadline set forth in section 2904(b) of such Act; and #####
(C)not less than 4 facilities referred to in subsection (a)(3) with respect to each military department. ####
(2)#####
(A)Except as provided in subparagraph (B), the selections under paragraph
(1)shall be made not later than 60 days after the date of the enactment of this Act **[**Oct. 23, 1992.**]** #####
(B)The selections under paragraph
(1)of military installations described in subparagraph (B)(ii) of such paragraph shall be made not later than 60 days after the date on which the deadline (set forth in section 2904(b) of such Act) for enacting a joint resolution of disapproval with respect to the report transmitted by the President has passed. ####
(3)The installations and facilities selected under paragraph
(1)shall be representative of— #####
(A)a variety of the environmental restoration activities required for facilities under the Defense Environmental Restoration Program and for military installations scheduled for closure under the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) and the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); and #####
(B)the different sizes of such environmental restoration activities to provide, to the maximum extent practicable, opportunities for the full range of business sizes to enter into environmental restoration contracts with the Department of Defense and with prime contractors to perform activities under the pilot program. ###
(c)Execution of Program Subject to subsection (d), and to the maximum extent possible, the Secretary shall, in order to eliminate redundant tasks and to accelerate environmental restoration at military installations, use the authorities granted in existing law to carry out the pilot program, including— ####
(1)the development and use of innovative contracting techniques; ####
(2)the use of all reasonable and appropriate methods to expedite necessary Federal and State administrative decisions, agreements, and concurrences; and ####
(3)the use (including any necessary request for the use) of existing authorities to ensure that environmental restoration activities under the pilot program are conducted expeditiously, with particular emphasis on activities that may be conducted in advance of any final plan for environmental restoration. ###
(d)Program Principles The Secretary shall carry out the pilot program consistent with the following principles: ####
(1)Activities of the pilot program shall be carried out subject to and in accordance with all applicable Federal and State laws and regulations. ####
(2)Competitive procedures shall be used to select the contractors. ####
(3)The experience and ability of the contractors shall be considered, in addition to cost, as a factor to be evaluated in the selection of the contractors. ###
(e)Program Restrictions The pilot program established in this section shall not result in the delay of environmental restoration activities at other military installations and former sites of the Department of Defense.
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- Pub. L. 100-526
- Pub. L. 101-510
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Sec. 323
PILOT PROGRAM FOR EXPEDITED ENVIRONMENTAL RESPONSE ACTIONS
Pub. L.Pub. L. 100-526
Pub. L.Pub. L. 101-510
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