[CPEO-MEF] Skelton Amendment Text

[Lenny Siegel <lsiegel@cpeo.org>]

[Here is the text of the Skelton Amendment. It may be easier to read if
you widen your margins. You can find a formatted version in the May 18,
2000 Congressional Record, p. 3362 (I think), accessible through
http://thomas.loc.gov. - LS]


TITLE XV--LAND CONVEYANCE REGARDING
VIEQUES ISLAND, PUERTO RICO

SEC. 1501. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACHMENT,
VIEQUES ISLAND. 
(a) Conveyance Required: 

(1) Property to be conveyed: (1) Subject to subsection (b), the
Secretary of the Navy shall
convey, without consideration, to the Commonwealth of Puerto Rico all
right, title, and interest
of the United States in and to the land constituting the Naval
Ammunition Support detachment
located on the western end of Vieques Island, Puerto Rico. 

(2) Time for conveyance: The Secretary of the Navy shall complete the
conveyance required
by paragraph (1) not later than December 31, 2000. 

(3) Purpose of conveyance: The conveyance under paragraph (1) is being
made for the
benefit of the Municipality of Vieques, Puerto Rico, as determined by
the Planning Board of the
Commonwealth of Puerto Rico. 
(b) Reserved Property Not Subject to Conveyance: 

(1) Radar and communications facilities: The conveyance required by
subsection (a) shall
not include that portion of the Naval Ammunition Support detachment
consisting of the
following: 

(A) Approximately 100 acres on which is located the Relocatable
Over-the-Horizon Radar and
the Mount Pirata telecommunications facilities. 

(B) Such easements, rights-of-way, and other interests retained by the
Secretary of the Navy as
the Secretary considers necessary-- 

(i) to provide access to the property retained under subparagraph (A); 

(ii) for the provision of utilities and security for the retained
property; and 

(iii) for the effective maintenance and operation of the retained
property. 

(2) Other sites: The United States may retain such other interests in
the property conveyed
under subsection (a) as-- 

(A) the Secretary of the Navy considers necessary, in the discharge of
responsibilities under
subsection (d), to protect human health and the environment; and 

(B) the Secretary of the Interior considers necessary to discharge
responsibilities under
subsection (f), as provided in the co-management agreement referred to
in such subsection. 
(c) Description of Property: The Secretary of the Navy, in consultation
with the Secretary of
the Interior on issues relating to natural resource protection under
subsection (f), shall determine
the exact acreage and legal description of the property required to be
conveyed pursuant to
subsection (a), including the legal description of any easements, rights
of way, and other
interests that are retained pursuant to subsection (b). 
(d) Environmental Restoration: 

(1) Objective of conveyance: An important objective of the conveyance
required by this
section is to promote timely redevelopment of the conveyed property in a
manner that enhances
employment opportunities and economic redevelopment, consistent with all
applicable
environmental requirements and in full consultation with the Governor of
Puerto Rico, for the
benefit of the residents of Vieques Island. 

(2) Conveyance despite response need: If the Secretary of the Navy, by
December 31,
2000, is unable to provide the covenant required by section
120(h)(3)(A)(ii)(I) of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (42 U.S.C.
9620(h)(3)(A)(ii)(I)) with respect to the property to be conveyed, the
Secretary shall still
complete the conveyance by that date, as required by subsection (a)(2).
The Secretary shall
remain responsible for completing all response actions required under
such Act. The completion
of the response actions shall not be delayed on account of the
conveyance. 

(3) Continued navy responsibility: The Secretary of the Navy shall
remain responsible for
the environmental condition of the property, and the Commonwealth of
Puerto Rico shall not be
responsible for any condition existing at the time of the conveyance. 

(4) Savings clause: All response actions with respect to the property to
be conveyed shall take
place in compliance with current law. 
(e) Indemnification: 

(1) Entities and persons covered; extent: (A) Except as provided in
subparagraph (C), and
subject to paragraph (2), the Secretary of Defense shall hold harmless,
defend, and indemnify in
full the persons and entities described in subparagraph (B) from and
against any suit, claim,
demand or action, liability, judgment, cost or other fee arising out of
any claim for personal
injury or property damage (including death, illness, or loss of or
damage to property or economic
loss) that results from, or is in any manner predicated upon, the
release or threatened release of
any hazardous substance or pollutant or contaminant as a result of
Department of Defense
activities at those parts of the Naval Ammunition Support detachment
conveyed pursuant to
subsection (a). 

(B) The persons and entities described in this paragraph are the
following: 

(i) The Commonwealth of Puerto Rico (including any officer, agent, or
employee of the
Commonwealth of Puerto Rico), once Puerto Rico acquires ownership or
control of the Naval
Ammunition Support Detachment by the conveyance under subsection (a). 

(ii) Any political subdivision of the Commonwealth of Puerto Rico
(including any officer, agent,
or employee of the Commonwealth of Puerto Rico) that acquires such
ownership or control. 

(iii) Any other person or entity that acquires such ownership or
control. 

(iv) Any successor, assignee, transferee, lender, or lessee of a person
or entity described in
clauses (i) through (iii). 

(C) To the extent the persons and entities described in subparagraph (B)
contributed to any such
release or threatened release, subparagraph (A) shall not apply. 

(2) Conditions on indemnification: No indemnification may be afforded
under this
subsection unless the person or entity making a claim for
indemnification-- 

(A) notifies the Secretary of Defense in writing within two years after
such claim accrues or
begins action within six months after the date of mailing, by certified
or registered mail, of notice
of final denial of the claim by the Secretary of Defense; 

(B) furnishes to the Secretary of Defense copies of pertinent papers the
entity receives; 

(C) furnishes evidence of proof of any claim, loss, or damage covered by
this subsection; and 

(D) provides, upon request by the Secretary of Defense, access to the
records and personnel of
the entity for purposes of defending or settling the claim or action. 

(3) Responsibilities of secretary of defense: (A) In any case in which
the Secretary of
Defense determines that the Department of Defense may be required to
make indemnification
payments to a person under this subsection for any suit, claim, demand
or action, liability,
judgment, cost or other fee arising our of any claim for personal injury
or property damage
referred to in paragraph (1)(A), the Secretary may settle or defend, on
behalf of that person, the
claim for personal injury or property damage. 

(B) In any case described in subparagraph (A), if the person to whom the
Department of Defense
may be required to make indemnification payments does not allow the
Secretary of Defense to
settle or defend the claim, the person may not be afforded
indemnification with respect to that
claim under this subsection. 

(4) Accrual of action: For purposes of paragraph (2)(A), the date on
which a claim accrues is
the date on which the plaintiff knew (or reasonably should have known)
that the personal injury
or property damage referred to in paragraph (1) was caused or
contributed to by the release or
threatened release of a hazardous substance or pollutant or contaminant
as a result of Department
of Defense activities at any part of the Naval Ammunition Support
Detachment conveyed
pursuant to subsection (a). 

(5) Relationship to other laws: Nothing in this subsection shall be
construed as affecting or
modifying in any way subsection 120(h) of the Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). 

(6) Definitions: In this subsection, the terms `hazardous substance',
`release', and `pollutant or
contaminant' have the meanings given such terms under paragraphs (9),
(14), (22), and (33) of
section 101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of
1980 (42 U.S.C. 9601). 
(f) Management: 

(1) Co-management of conservation zones: Those areas on the western end
of the
Vieques Island designated as Conservation Zones in section IV of the
1983 Memorandum of
Understanding between the Commonwealth of Puerto Rico and the Secretary
of the Navy shall
be subject to a co-management agreement among the Commonwealth of Puerto
Rico, the Puerto
Rico Conservation Trust and the Secretary of the Interior. Areas
adjacent to these Conservation
Zones shall also be considered for inclusion under the co-management
agreement. Adjacent areas
to be included under the co-management agreement shall be mutually
agreed to by the
Commonwealth of Puerto Rico and the Secretary of the Interior. This
determination of inclusion
of lands shall be incorporated into the co-management agreement process
as set forth in
paragraph (2). In addition, the Sea Grass Area west of Mosquito Pier, as
identified in the 1983
Memorandum of Understanding, shall be included in the co-management plan
to be protected
under the laws of the Commonwealth of Puerto Rico. 

(2) Co-management purposes: All lands covered by the co-management
agreement shall be
managed to protect and preserve the natural resources of these lands in
perpetuity. The
Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust, and the
Secretary of the
Interior shall follow all applicable Federal environmental laws during
the creation and any
subsequent amendment of the co-management agreement, including the
National Environmental
Policy Act of 1969, the Endangered Species Act of 1973, and the National
Historic Preservation
Act. The co-management agreement shall be completed prior to any
conveyance of the property
under subsection (a), but not later than December 31, 2000. The
Commonwealth of Puerto Rico
shall implement the terms and conditions of the co-management agreement,
which can only be
amended by agreement of the Commonwealth of Puerto Rico, the Puerto Rico
Conservation
Trust, and the Secretary of the Interior. 

(3) Role of national fish and wildlife foundation: Contingent on funds
being available
specifically for the preservation and protection of natural resources on
Vieques Island, amounts
necessary to carry out the co-management agreement may be made available
to the National Fish
and Wildlife Foundation to establish and manage an endowment for the
management of lands
transferred to the Commonwealth of Puerto Rico and subject to the
co-management agreement.
The proceeds from investment of the endowment shall be available on an
annual basis. The
Foundation shall strive to leverage annual proceeds with non-Federal
funds to the fullest extent
possible. 
-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org
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