Statement of Administration Policy: H.R. 4016 - Community Environmental Response Facilitation Act

(House)
(Panetta (D) California)

The Administration opposes the enactment of H.R. 4016. The bill would unnecessarily delay the cleanup and transfer to non-federal parties of Federal property on which U.S. Government activities are being terminated.

The bill would impose a new requirement that the Environmental Protection Agency (EPA) or a State concur in the identification of uncontaminated property suitable for transfer. This highly objectionable requirement would place EPA or a State in the inappropriate role of real estate transfer approver. It would unnecessarily delay the transfer of these parcels to non-federal parties without providing additional environmental protection. Further, it would impose a requirement for Federal property transfers not imposed on transfers of land by other parties.

The Department of Defense has already developed guidance, with the concurrence of EPA and the State of California, that directs the military services to involve EPA and the public in the environmental assessment of property. This guidance ensures that the examination of property is thorough. It also ensures that EPA, States, and the public have a constructive role in decisionmaking, without opening up the process for protracted, unnecessary delay.