Sec. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL
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## SEC. 2928 EARLY RELINQUISHMENT OF WITHDRAWAL ###
(a)Filing of Relinquishment Notice If, during the period of withdrawal and reservation specified in section 2925, the Secretary of the Navy decides to relinquish all or any portion of the lands withdrawn and reserved under this subtitle, the Secretary of the Navy shall file a notice of intention to relinquish with the Secretary of the Interior. ###
(b)Determination of Presence of Contamination Before transmitting a relinquishment notice under subsection (a), the Secretary of the Navy, in consultation with the Secretary of the Interior, shall prepare a written determination concerning whether and to what extent the lands to be relinquished are contaminated with explosive, toxic, or other hazardous wastes and substances. A copy of such determination shall be transmitted with the relinquishment notice. ###
(c)Decontamination and Remediation In the case of contaminated lands which are the subject of a relinquishment notice, the Secretary of the Navy shall decontaminate or remediate 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 Navy, determines that— ####
(1)decontamination or remediation of the lands is practicable and economically feasible, taking into consideration the potential future use and value of the land; and ####
(2)upon decontamination or remediation, the land could be opened to the operation of some or all of the public land laws, including the mining laws. ###
(d)Decontamination and Remediation Activities Subject to Other Laws The activities of the Secretary of the Navy under subsection
(c)are subject to applicable laws and regulations, including the Defense Environmental Restoration Program established under section 2701 of title 10, United States Code, the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). ###
(e)Authority of Secretary of the Interior To Refuse Contaminated Lands The Secretary of the Interior shall not be required to accept lands specified in a relinquishment notice if the Secretary of the Interior, after consultation with the Secretary of the Navy, concludes that— ####
(1)decontamination or remediation of any land subject to the relinquishment notice is not practicable or economically feasible; ####
(2)the land cannot be decontaminated or remediated sufficiently to be opened to operation of some or all of the public land laws; or ####
(3)a sufficient amount of funds are not appropriated for the decontamination of the land. ###
(f)Status of Contaminated Lands If, because of the condition of the lands, the Secretary of the Interior declines to accept jurisdiction of lands proposed for relinquishment or, if at the expiration of the withdrawal made under this subtitle, the Secretary of the Interior determines that some of the lands withdrawn under this subtitle are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws— ####
(1)the Secretary of the Navy shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; ####
(2)after the expiration of the withdrawal, the Secretary of the Navy shall retain jurisdiction over the withdrawn lands, but shall undertake no activities on such lands except in connection with the decontamination or remediation of such lands; and ####
(3)the Secretary of the Navy shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken under paragraphs
(1)and (2). ###
(g)Subsequent Decontamination or Remediation If lands covered by subsection
(f)are subsequently decontaminated or remediated and the Secretary of the Navy certifies that the lands are safe for nonmilitary uses, the Secretary of the Interior shall reconsider accepting jurisdiction over the lands. ###
(h)Revocation Authority Notwithstanding any other provision of law, upon deciding that it is in the public interest to accept jurisdiction over lands specified in a relinquishment notice, the Secretary of the Interior may revoke the withdrawal and reservation made under this subtitle as it applies to such lands. If the decision be made to accept the relinquishment and 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 acceptance 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.
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