Sec. 3135. OTTAWA COUNTY, OKLAHOMA

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## SEC. 3135 OTTAWA COUNTY, OKLAHOMA ###

(a)In General There is authorized to be appropriated $30,000,000 for the purposes set forth in subsection (b). ###

(b)Purposes Notwithstanding any other provision of law, funds appropriated under subsection

(a)may be used for the purpose of— ####

(1)the buyout of properties and permanently relocating residents and businesses in or near Picher, Cardin, and Hockerville, Oklahoma, from areas determined by the State of Oklahoma to be at risk of damage caused by land subsidence and remaining properties; and ####

(2)providing funding to the State of Oklahoma to buyout properties and permanently relocate residents and businesses of Picher, Cardin, and Hockerville, Oklahoma, from areas determined by the State of Oklahoma to be at risk of damage caused by land subsidence and remaining properties. ###

(c)Limitation The use of funds in accordance with subsection

(b)shall not be considered to be part of a federally assisted program or project for purposes of Public Law 91–646 (42 U.S.C. 4601 et seq.), consistent with section 2301 of Public Law 109–234 (120 Stat. 455). ###

(d)Consistency With State Program Any actions taken under subsection

(b)shall be consistent with the relocation program in the State of Oklahoma under 27A O.S. Supp. 2006, sections 2201 et seq. ###

(e)Consideration of Remedial Action The Administrator of the Environmental Protection Agency shall consider, without delay, a remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for the Tar Creek, Oklahoma, National Priorities List site that includes permanent relocation of residents consistent with the program currently being administered by the State of Oklahoma. Such relocation shall not be subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ###

(f)Estimating Costs In estimating and comparing the cost of a remedial alternative for the Tar Creek Oklahoma, National Priorities List site that includes the permanent relocation of residents, the Administrator shall not include the cost of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). ###

(g)Effect of Certain Remedies Inclusion of subsidence remedies, such as permanent relocation within any remedial action, shall not preempt, alter, or delay the right of any sovereign entity, including any State or tribal government, to seek remedies, including abatement, for land subsidence and subsidence risks under State law. ###

(h)Amendment Section 111 of Public Law 108–137 (117 Stat. 1835) is amended— ####

(1)by adding at the end of subsection

(a)the following: “Such activities also may include the provision of financial assistance to facilitate the buy out of properties located in areas identified by the State as areas that are or will be at risk of damage caused by land subsidence and associated properties otherwise identified by the State. Any buyout of such properties shall not be considered to be part of a federally assisted program or project for purposes of Public Law 91–646 (42 U.S.C. 4601 et seq.), consistent with section 2301 of Public Law 109–234 (120 Stat. 455–456).”; and ####

(2)by striking the first sentence of subsection

(d)and inserting the following: “Non-Federal interests shall be responsible for operating and maintaining any restoration alternatives constructed or carried out pursuant to this section.”.

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U.S. Code

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Pub. L. 91-646
Pub. L. 109-234
120 Stat. 455
Pub. L. 108-137
117 Stat. 1835

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Sec. 3135

OTTAWA COUNTY, OKLAHOMA

U.S.C.§ 4601

U.S.C.§ 9601

Pub. L.Pub. L. 91-646

Pub. L.Pub. L. 109-234

Stat.120 Stat. 455

Pub. L.Pub. L. 108-137

Stat.117 Stat. 1835

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