[CPEO-MEF] Reformat: General's testimony on "environmental encroachment"

[joelf@cape.com]

Please post. Thank you.
Joel Feigenbaum
Richard Hugus
Alliance for Base Cleanup

The Army's response to community activity against and regulator 
oversight of environmental damage caused by live-fire training:

"INFORMATION DOMINANCE", "OUTRAGE MANAGEMENT", and "LEGISLATIVE CLARIFICATION"


Statement by Major General R.L. Van Antwerp for Headquarters, 
Department of the Army, On "Encroachment" Issues Having A Potentially 
Adverse Impact On Military Readiness.

Testimony of March 20, 2001 to the Senate Armed Services Committee

Excerpts:


"Our concerns about munitions focus on the future. At one of our ranges,
the Army National Guard's Massachusetts Military Reservation (MMR), we have
encountered regulatory actions that impacted our operations. For the 
first time,
the EPA has administratively stopped our live-fire weapons training based on*4
their authority to abate imminent health and environmental hazards. Given the
fact that our units employ a large number and type of weapons, and 
that we train
with those weapons on literally thousands of ranges, the potential 
for cessation of
live-fire training is of great concern to us. The potential impact of further
administrative "cease fire" orders cannot be measured, other than to say that
major training and training readiness investments would be affected."

"The recent cessation of live-fire training at Massachusetts Military
Reservation (MMR) leaves the Army very concerned that similar restrictions
could occur at major live-fire training facilities such as Fort Hood. 
If applied to a
major training installation, such as Fort Hood, the results could be 
catastrophic
from both a fiscal and a readiness perspective...."

"The effects of these encroachment factors are intensified by well-organized
communities committed to the elimination of the military's impact on
them. The effectiveness of these communities is enhanced by a system of
environmental regulation that allows for discretionary enforcement 
and citizens'
authority to challenge regulatory decisions, resulting in pressure on 
regulators to
interpret environmental requirements most conservatively to avoid speculative
effects or risk of litigation."

"In January 2000, EPA Region I ordered a study to determine the feasibility
of remediating UXO on the range impact area, stating that all UXO is 
a potential
threat to groundwater. Although Royal Demolition Explosive (RDX) has been
detected in the groundwater under the MMR impact area, there is no evidence
that current drinking water supplies is affected. [Editorial note: 
this statement is absurd]. A fourth AO from EPA Region Idirects the 
National Guard to employ a controlled detonation chamber, instead of
detonation in place, to dispose of UXO or other munitions that have previously
been disposed of by burial on the impact area."

"... there is concern that EPA actions at MMR could set a precedent for
the agency to take similar steps elsewhere causing a cessation of 
critical training.

EPA's interpretation of the statutory requirements, the precedents being
set by both State and federal agencies with respect to munitions and UXO on
active ranges, and the discovery of RDX in the sole source aquifer at MMR
increase the Army's vulnerabilities in this area and present a broad 
risk to live-fire
training and testing. This applies to installations located above sole source
aquifers as well as installations located above any groundwater sources that
regulators believe could be a current or future drinking water source."

"MMR has afforded the Army a unique opportunity to analyze our past
practices and to understand what needs to be done differently in the future.
In order to maintain effective sustainable military operations and
training, we
must have community acceptance and support for military activities, including
those military activities that affect public health and the environment.
... Information on the conditions at our installations is*25
readily available to the public and many of these people are technical experts
and many wish to use this information to support anti-military objectives.

MMR [Massachusetts Military Reservation] had to change to address 
earlier community concerns. They began involving the entire 
community, not just the vocal critics, in decision-making at the 
earliest possible moment. All technical and training programs 
integrated a community outreach program component. ... They saw that 
additional staff with training in mediation, relationship-building, 
and outrage management was essential, and that information dominance 
was essential.
However, a disturbing aspect of this collaboration is the expectation 
on the part
of local citizens that they should have veto authority of individual 
training events
or even tasks. This expectation is without sound basis in either environmental
risk management or military training doctrine."

The full text follows:

RECORD VERSION
STATEMENT BY
MAJOR GENERAL R. L. VAN ANTWERP
ASSISTANT CHIEF OF STAFF FOR INSTALLATION MANAGEMENT
HEADQUARTERS
DEPARTMENT OF THE ARMY
BEFORE THE
SUBCOMMITTEE ON READINESS AND MANAGEMENT SUPPORT
OF THE
COMMITTEE ON ARMED SERVICES
OF
THE SENATE
FIRST SESSION, 107TH CONGRESS
ON "ENCROACHMENT" ISSUES HAVING A POTENTIALLY ADVERSE
IMPACT ON MILITARY READINESS
20 MARCH 2001
NOT FOR PUBLICATION
UNTIL RELEASED
BY THE COMMITTEE ON
ARMED SERVICES
SENATE*1
STATEMENT BY
MAJOR GENERAL R. L. VAN ANTWERP
ASSISTANT CHIEF OF STAFF FOR INSTALLATION MANAGEMENT
HEADQUARTERS
DEPARTMENT OF THE ARMY
ON "ENCROACHMENT" ISSUES HAVING A POTENTIALLY ADVERSE
IMPACT ON MILITARY READINESS

Mr. Chairman and members of the Committee:
Thank you for providing the Army with the opportunity to present our
concerns about what has become known as "encroachment" to our training
installations, ranges and land. This is a challenging issue. The fact 
that we are
discussing it today demonstrates our recognition that societal changes,
demographics, and environmental issues are affecting our way of training
soldiers. The Army is implementing new management approaches in order to
sustain readiness. The Army is not seeking to avoid any 
responsibilities it has to
the people of the United States. We are not seeking relief from compliance
with
environmental statutes. We will continue to do our best to ensure that our
practices do not endanger the health or well being of any American.

Our essential training focuses on weapons firing and ground maneuver, to
include those aspects of maneuver that include our Army aviation capabilities.
To practice and maintain proficiency in both of those areas, we 
require maneuver
land and a variety of fixed firing ranges for everything from 
individual small arms
to large caliber crew served weapons. Our important training installations all
include a range "complex" that supports both live weapons firing and 
maneuver.*2
We have expended, and continue to expend, a great deal of effort and
resources on both our range operations and modernization and on the
environmental compliance requirements associated with them. In maintaining
areas for training, we have isolated them from development and created islands
of biodiversity and havens for unique natural and cultural resources that are
found in very few other locations. However, we would ask those who seek to
limit our essential training because of the presence of those 
resources to recall
that it was our training and management practices that permitted 
these islands to
exist in the first place and to flourish now in an environment that 
includes training
activities ranging from maneuver to live-fire.

It has been suggested that increased use of simulations can offset our
reliance on live weapons firing and maneuver training. We have made a
significant investment in simulations; however, because of the 
extreme rigors and
demands of ground operations, live experiential training will remain 
central to our
training strategies. Most of the Army's investment in training goes 
to Operating
Tempo (OPTEMPO) and Flying Hour Program (FHP) accounts that resource live
training, an investment of some $8 billion per year.

We ask that you recognize the unique role of the Army and our sister
Services within the Department of Defense. We carry out our training, not for
profit or gain, but to ensure the readiness of our force. That 
readiness is critical
to our ability to perform the missions assigned to us and to do so 
efficiently and
with a minimum of casualties. We have learned hard lessons in the past when
other priorities overshadowed our need to train young Americans to face the
uncompromising conditions and challenges of war. Unlike some other federal
agencies, the private sector cannot supplement the execution of our readiness
requirements and missions.

As the Army continues its Transformation, we are mindful of the changing
world and the imperative for the Army to remain a viable and 
effective part of the*3
Defense team, to maintain a focus on readiness through training despite the
many competing interests.

The Army's primary encroachment concerns are urban sprawl, threatened
and endangered species, and restrictions that impact our use of munitions.
Urban sprawl and unchecked residential and community growth may
present conflicts with our neighbors over noise, dust, and other 
effects of Army
training. It sets off, in some places, a competition for natural 
resources. When
our installations were established, they generally were in rural 
areas, remote and
isolated from populations. That has changed. The sum effect has been that
Army installations, once far from public view, are now often in the 
midst of large
urban areas. Our training practices bring with them noise, dust, the 
expenditure
of munitions, and ground activities that can be viewed as a nuisance and
annoyance to those who have become our neighbors.

The management of endangered species in accordance with existing
regulations has been, and continues to be, a great challenge. As a land based
force, we need land to train. Our important training installations 
are large and are
needed to accommodate air and ground maneuver using our increasingly mobile
weapons systems. Endangered species regulations have required us to review
our training activities to ensure that they do not jeopardize the continued
existence of an endangered or threatened species. In some cases, we must
modify our training activities to meet that requirement. As the 
number of listed
plants and animals increases, the amount of land available to us for
unmodified
training activities may decrease further.

Our concerns about munitions focus on the future. At one of our ranges,
the Army National Guard's Massachusetts Military Reservation (MMR), we have
encountered regulatory actions that impacted our operations. For the 
first time,
the EPA has administratively stopped our live-fire weapons training based on*4
their authority to abate imminent health and environmental hazards. Given the
fact that our units employ a large number and type of weapons, and 
that we train
with those weapons on literally thousands of ranges, the potential 
for cessation of
live-fire training is of great concern to us. The potential impact of further
administrative "cease fire" orders cannot be measured, other than to say that
major training and training readiness investments would be affected. The
regulation of munitions is a complex issue that requires deliberate
measures in
the areas of environmental research and development, risk assessment, range
design, and range management. Unilateral orders to stop firing while we
investigate these challenging issues will impact readiness. Although statutory
and regulatory provisions allow for elevation of disputes between Executive
Branch agencies where an administrative action affects training or a readiness
activity in a manner that has or would have a significant adverse 
effect on military
readiness, these extraordinary measures have been rarely invoked. We will work
with Congress and the EPA to reduce uncertainty and increase 
flexibility in laws
and regulations so as to balance the needs of national security and the
environment.

Our approach to encroachment contains three key elements. First, we will
respond to concerns at our closed and transferring ranges and perform the
required response actions necessary to protect public health and safety.
Second, we will introduce a more sophisticated, integrated approach to range
management that we call Sustainable Range Management. This approach will
allow us to better manage our lands and maximize their use for 
military purposes.
And third, after appropriate review and discussion with affected 
parties, we may
seek legislative clarification to achieve reasonable application of 
statutes as they
impact our active ranges and live training. We believe Congress intended to
afford us an opportunity to implement our management programs and to take the
appropriate corrective action consistent with national defense needs and
public
health considerations. We believe it is unreasonable to stop vital readiness
training just because issues are technically complex and require time to*5
understand and implement effective responses. We will work with the regulatory
community to engage in conflict resolution before resorting to unilateral
administrative orders.

We are providing you with written testimony that expands on the following
issues; our need for ranges and training land to support our live
training, the
evolving challenge of encroachment, examples of some of those challenges,
what we are doing to meet the challenge, and what we would ask of the
Congress in this area. We have included some success stories such as Fort
Bragg's leveraging of public and private resources by working with 
the U.S. Fish
and Wildlife Service and The Nature Conservancy to acquire conservation
easements from willing sellers off the installation. These easements allow for
enhanced management of the red-cockaded woodpecker, an endangered
species. The result is that Fort Bragg is able to lessen the 
restrictions on training
while enabling the red-cockaded woodpecker to move closer to recovery.
Expanding these partnerships, purchasing lands, securing easements, and
transferring development rights will go a long way toward resolving 
our training
encroachment problems.*6

MISSION NEEDS - WHY LIVE TRAINING AND TESTING IS IMPORTANT TO
READINESS
The primary mission of the United States (U.S.) Army is to fight and win in
armed conflict. Training soldiers, leaders, and units is the vital 
activity that
ensures the readiness of the Army to accomplish this mission. To be effective,
training must provide soldiers the opportunities to practice their 
skills in combat-like
conditions. These conditions must be realistic, as well as physically and
mentally challenging. The Army's training ranges, as well as those of 
our sister
services, provide training opportunities to develop and improve a soldier's
proficiency, competence, and confidence in the use of sophisticated weapons
systems. The fact that the Army's mission increasingly includes peacekeeping
operations does not reduce the need for combat training. In fact, "policing"
requires soldiers to be highly proficient with pinpoint target 
identification and
engagement procedures. This can only be accomplished by practicing with the
actual weapon in specifically designed training exercises on our ranges and
training areas dedicated to that purpose. Specialized peacekeeping training,
however, cannot replace the basic emphasis on combat skills. Overwhelming
evidence from the Army's Combat Training Centers proves that the teambuilding
and weapons discipline skills developed for the Army's war-fighting role are
critical to success during operations other than war. The bottom line 
is that the
Army's 21 st century missions require at least as much live training 
as did past
missions.

The amount of live-fire training in the Army cannot be reduced without
serious degradation to readiness and the concurrent increased risk to American
soldiers. The amount of live-fire training that individual soldiers 
and units are
required to complete is based on the common sense premise that certain skills
are perishable and must be periodically exercised. In other words, to 
be effective
with a certain weapon system, the soldier must shoot a certain number of
times.
The Army has established standards that identify the minimum number of times*7
and specific firing events that a soldier must train to achieve a 
given level of
proficiency. The Army currently has difficulty meeting these minimum standards
because of limited facilities, funding, and time. Many ranges 
currently operate at
maximum capacity so that units can meet the minimum standards. Any further
limitation on these training facilities would inevitably cause a 
reduction in live-fire
training below that needed by soldiers to remain minimally proficient.
Some see the recent development of realistic computer games, which the
Army calls simulations and simulators, as a viable substitute to live 
training. It is
true that these technologies offer exciting new ways to train some aspects of
modern soldiering; however, these virtual tools can only be viewed as 
an addition
to live weapons firing and maneuver; never a replacement. To rely solely on
simulations would be an injustice to the soldiers whom the Army has
promised to
train, and an abrogation of the responsibility that the Army is 
legally bound to
perform.

Live training is critical to assessing the effectiveness and capability of not
only the people but also the actual equipment that the Army depends on. The
only way to ensure that a piece of equipment will be ready for battle 
is to put it
through rigorous use beforehand. Weapons systems and vehicles, like the
soldiers who count on them, must be tested and refined over and over to ensure
quality and dependability.

THE EVOLUTION OF ARMY RANGES AND EMERGENCE OF
"ENCROACHMENT"
Many Army ranges have been used for training with a wide variety of
weapons systems for well over 100 years. The widely varied, historical
usage of
Army ranges has created environmental issues on these lands that leave them
susceptible to enforcement actions based on an increasing number of health and
safety concerns and increasing application, of environmental 
statutes. A number*8
of these statutes contain enforcement triggers/thresholds that are based
on the
assessment of the environmental regulatory authority as to whether or not a
given condition or activity presents a "potential" risk or "imminent"
hazard to
human health or natural resources.

For most of its history, the U.S. had no environmental legislation. Federal
regulation to protect human health or the environment was unknown until the
mid-20 th century. During the 1950s and 60s, state and local governments had
the responsibility for environmental problems. Only over the last 30 years has
the U.S. begun to understand and regulate the potential environmental impacts
of a wide variety of civil and industrial practices. During the 1970s, federal
legislation established rules for national environmental protection. Examples
include the National Environmental Policy Act (NEPA), Endangered Species Act
(ESA), the Clean Air Act (CAA), Clean Water Act (CWA), and the Resource
Conservation and Recovery Act of 1976 (RCRA). These laws have improved the
quality of life for all Americans, including soldiers and their families.
In certain instances, some of these regulations were designed to minimize
human health and environmental impacts associated with typical industrial
operations (i.e., manufacturing, mining, refineries). Also during the 
1970s, courts
and Congress began granting citizens authority to challenge decisions
involving
environmental laws and to pressure agencies to implement directives. Liability
for environmental harm was expanded in 1980 with the enactment of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA). In 1992, Congress amended the Resource Conservation and
Recovery Act (RCRA) to clarify that Federal agencies may be penalized for
failure to comply with its provisions.

The Army has implemented programs to ensure compliance with these
statutes. While we have been successful at managing endangered species,
some of these actions have come at the expense of training 
capabilities at some*9
installations. The environmental compliance programs on the ranges and
training land of Fort Hood, Texas are an example of how such programs have
restricted training capabilities. Fort Hood contains nearly 185,000 acres of
ranges and training areas. Erosion control practices designed for compliance
with the CWA prohibit digging on approximately 128,000 acres (69%) of training
land. This means no digging for vehicle fighting positions, 
survivability positions,
maneuver obstacles, or individual fighting positions, all of which 
are required to
meet doctrinal training standards for many units on Fort Hood. The U.S. Fish
and Wildlife Service's (FWS) biological opinion, issued under the ESA for both
the Golden Cheeked Warbler and the Black Capped Vireo, restricts training on
over 74,000 acres (38%) of training land. These restrictions include 
no digging,
no tree or brush cutting, and no "habitat destruction" throughout the 
year on the
entire core and non-core area. During March through August, vehicle and
dismounted maneuver training is restricted to established trails, and halts in
restricted areas are limited to two hours in designated endangered 
species "core
areas" (55,000 acres of the 74,000 acres are designated "core 
areas."). Artillery
firing, smoke generation, and chemical (riot control) grenades are prohibited
within 100 meters of the boundaries of the designated "core areas." Use of
camouflage netting and bivouac are prohibited across the entire "core area"
during these months. Fort Hood's training areas contain over 2,400 (1,100 have
been surveyed) archeological and culturally significant sites where digging is
prohibited. The SHPO wishes to stop maneuver training on these sites. To
comply with the CAA, there is no smoke, flare, chemical grenade, or
pyrotechnic
use allowed on over 46,000 acres (25%) of training land. Due to noise
restrictions, there is no Multiple Launch Rocket System or artillery 
fire allowed on
over 1000 acres of land. These restrictions include only those driven 
by well-established
and broadly applied environmental requirements. While some of
these restrictions overlap on the same training areas, only about 17% of Fort
Hood training lands are available for training without restriction.*10

The recent cessation of live-fire training at Massachusetts Military
Reservation (MMR) leaves the Army very concerned that similar restrictions
could occur at major live-fire training facilities such as Fort Hood. 
If applied to a
major training installation, such as Fort Hood, the results could be 
catastrophic
from both a fiscal and a readiness perspective. Army units at Fort Hood were
authorized to fire approximately 35.4 million rounds of ammunition in 
FY01. Fort
Hood contains some 33 small arms ranges, 24 major weapons ranges, and a
number of separate field artillery and mortar firing points. The discretionary
enforcement authorities granted under current environmental statutes leave
many of these critical training assets susceptible to restrictions to training
capacity. If applied, the Army would be forced to relocate training to other
locations, construct new adequate ranges at those locations, and deploy Fort
Hood soldiers to train off-site. These "work arounds" would be in addition to
addressing the compliance requirements, which at MMR have cost some $60
million on what is a relatively small (22,000 acres) installation. If 
applied to an
installation such as Fort Hood, the impacts on the Army's budget, training
efficiency, and soldier morale would be catastrophic.

Historically, the Army has chosen remote locations for its training land.
Until the last 30 years, there was little residential or commercial
development
near these facilities and, as such, the public's awareness of live 
training activities
was minimal. As the population in and around many U.S. cities has grown,
ranges and training lands have remained insulated from the urban development
(sprawl) that covered much of the landscape surrounding many Army
installations. Ranges and training lands became "islands of biodiversity" and
their value as natural resources (green spaces) increased. As 
population centers
expanded to or near the installation boundary and residential areas 
grew in more
remote, previously rural setting, citizens became more aware of training
activities. The demographics of the residents near Army installations have
also
changed. The affluence born of the recent economic expansion has grown new
suburban communities near Army installations. These new residents are less*11
familiar with the sights and sounds of range and training activities. The
impressions they formed of Army training were based on noise, smoke, a lack of
access to what had become the most pristine natural landscapes in their
regions
and did not include an understanding of the benefits that Army 
training provides.
In general, the U.S. citizenry is less likely to have personal 
military experience
than they had 30 years ago.

The public also perceives a reduced national security threat since the fall
of the Soviet Union, which further reduces the perceived value of 
live-fire testing
and training activities. In fact, the rate of Army deployments is at 
an all time high.
More soldiers are consistently deployed (including the Army National Guard and
Reserve) to more locations, more frequently, than ever before. At the 
same time,
the Army's weapons systems and war fighting doctrine have increased the
demand for training and testing ranges.

The effects of these encroachment factors are intensified by well-organized
communities committed to the elimination of the military's impact on
them. The effectiveness of these communities is enhanced by a system of
environmental regulation that allows for discretionary enforcement 
and citizens'
authority to challenge regulatory decisions, resulting in pressure on 
regulators to
interpret environmental requirements most conservatively to avoid speculative
effects or risk of litigation.

As the Army tries to "balance" its testing and training mission with its
requirement to comply with environmental regulations and its desire to act as
good stewards of the natural resources under our authority, we are pushing
already severely constrained resources to the breaking point.*12

EFFECTS OF THE SENIOR READINESS OVERSIGHT COUNCIL (SROC) KEY
ENCROACHMENT CATEGORIES ON ARMY RANGES
Today, we will discuss in some detail three of the areas raised by the
SROC that impact the Army training most significantly. These are: Urban
Growth; the ESA/Critical Habitat; and Unexploded Ordnance & Constituents.
The Army's interests and concerns in other SROC areas of concern such as
airborne noise and air quality are articulated in the oral and 
written testimony of
our sister Services.

URBAN GROWTH:
Most of the Army's major training installations were established during the
World Wars, and they were both remote and isolated from populations.
However, since then, many installations have experienced considerable urban
growth around their boundaries and are now often in the midst of large urban
areas. As the Army prepares for its mission by training and testing, we create
noise, dust, and ground disturbances that can be viewed as a nuisance to those
who have become our neighbors.

The challenge to the Army in maintaining its readiness to defend
America's essential interests is to continue to train effectively in 
the context of
these changing demographic conditions. Clearly, the Army is limited 
in its ability
to acquire new land. Cost and the general public concerns about urbanization's
effects on remaining natural and agricultural land make acquisition 
problematic.
However, the Army's emerging weapons systems require more space to
effectively exercise their capabilities within current doctrinal 
standards. This
reduces our flexibility to use what land we have.*13

THREATENED & ENDANGERED (T&E) SPECIES AND HABITAT
As we focus our training missions and transformation on specific
installations, we find that endangered species regulations already 
limit the use of
a significant portion of the landscape. Army lands host 153 federally listed
species on 94 installations, and 12 installations have lands 
designated as critical
habitat (four of these habitats are as yet unoccupied by the species for which
designated). As the habitat of listed species is destroyed by development of
lands adjacent to our installations, Army training activities on the habitat
remaining are being restricted.

Let me offer a few examples of challenges we face with regard to T&E
management.

The Red-Cockaded Woodpecker in the Southeast U.S. affects four major
training installations (Forts Bragg, NC; Stewart, GA; Benning, GA; 
Polk, LA) and
two major service school training bases (Forts Jackson, SC; and Gordon, GA).
This single species has survived because of the havens provided by our
installations' training land and ranges, which have been insulated from
development and forestry practices in the region. The Army spends the
resources necessary to help the recovery of the species while developers
do not
have to make similar commitments of resources.
The many listed plants in Hawaii and the complexities of complying with
the ESA prevented the use of a valuable multi-purpose range built in 1988. We
have also voluntarily closed our only large caliber firing range on 
Oahu - Makua
Valley - while we review both NEPA and ESA management plans and
agreements.*14

UNEXPLODED ORDNANCE AND OTHER CONSTITUENTS
When military munitions do not function as intended, or fully detonate,
they create Unexploded Ordnance (UXO). Many challenges arise if and when
the UXO is found on land to be used for something other than military 
testing or
training. Land no longer used for military testing and training includes
former
ranges being transferred to the public under the Base Realignment and Closure
(BRAC) program, or ranges previously transferred out of military 
control and now
being addressed under the Formerly Used Defense Sites (FUDS). When found
on active and inactive military ranges, UXO poses fewer explosives safety
hazards, since the Army still controls these lands and restricts access to the
public.

When military munitions do function as intended, trace quantities of
explosives constituents may be released into the air, soil, and water 
at the firing
point and in the impact area of the range. These explosives constituents can
pose an environmental challenge if present in large enough quantities, if the
specific geophysical conditions are conducive to transport to the 
water sources,
and if the environmental regulations at that location restrict the particular
constituents being emitted. Range impact areas also become littered with metal
scrap from the exploded munitions items.

The use of environmental statutes, such as CERCLA, RCRA, CWA, and
the Safe Drinking Water Act (SDWA), to require investigation and cleanup of
UXO and other constituents on active ranges could impact the Army's ability to
fulfill its national security mission by causing the shut down or 
disruption of live-fire
training. That vulnerability extends not only to the Army, but also to
regulators themselves, who are vulnerable to citizen suits for not vigorously
applying these and other environmental laws to unexploded ordnance and
constituents on active ranges. While military activities are subject 
to regulations
in the same manner and to the same extent as they apply to private 
activities, it*15
is also clear that no private entity is responsible for national 
security or engages
in the uniquely military activities necessary to support a standing Army that
deploys worldwide.

In 1997, EPA Region I issued an Administrative Order (AO) under the
Safe Drinking Water Act prohibiting the use of lead ammunition, propellants,
explosives, and demolition materials at MMR. This action essentially shut down
live-fire training at MMR except for use of plastic, frangible, and green
ammunition. In October 1999, the Governor of Massachusetts issued an
Executive Order designating the 15,000-acre training area as a Wildlife Refuge
and Water Protection Area anticipating state legislation to implement the
plan.
Legislation did not pass, but we anticipate it will be reintroduced 
this year. Both
the Executive Order and proposed legislation established a state commission,
with no military representation, to determine what military training would be
compatible with the area's new designation.

In January 2000, EPA Region I ordered a study to determine the feasibility
of remediating UXO on the range impact area, stating that all UXO is 
a potential
threat to groundwater. Although Royal Demolition Explosive (RDX) has been
detected in the groundwater under the MMR impact area, there is no evidence
that current drinking water supplies is affected. A fourth AO from EPA
Region I
directs the National Guard to employ a controlled detonation chamber, 
instead of
detonation in place, to dispose of UXO or other munitions that have previously
been disposed of by burial on the impact area.

To date, a couple of other Army installations have identified indications of
contamination in the soil or groundwater stemming from possible munitions'
constituents at active ranges. These installations include Fort 
Lewis, Washington
and Aberdeen Proving Ground, Maryland. Although these incidents of
constituent presence have not been significant enough to cause regulators
to*16
take action, there is concern that EPA actions at MMR could set a
precedent for
the agency to take similar steps elsewhere causing a cessation of 
critical training.
EPA's interpretation of the statutory requirements, the precedents being
set by both State and federal agencies with respect to munitions and UXO on
active ranges, and the discovery of RDX in the sole source aquifer at MMR
increase the Army's vulnerabilities in this area and present a broad 
risk to live-fire
training and testing. This applies to installations located above sole source
aquifers as well as installations located above any groundwater sources that
regulators believe could be a current or future drinking water source.

THE ARMY'S ACTIONS:
The Army's overall approach to range sustainability has three broad
components. The first of these is Closed and Transferring Range response that
is addressed later in this testimony. The second is the implementation of
Sustainable Range Management. The last is Legislative Clarification 
that will be
discussed at the end of this testimony.

SUSTAINABLE RANGE MANAGEMENT (SRM)
The creation of a Sustainable Range Management Program to integrate
environmental compliance and stewardship, facilities management, and training
management on ranges and training land is our primary initiative to meet the
challenges of encroachment.
The Army is improving the way in which it designs, manages, and uses its
ranges. This effort, which we call Sustainable Range Management, will help the
Army maximize the capability, availability, and accessibility of its
ranges and
training land to meet doctrinal training requirements needed to 
support its Title 10
mission and ensure a trained and ready force.*17

The Army's sustainable range management effort is based upon three
tenets: (1) Information Dominance: ensuring the Army has the most current and
best information related to the operational and environmental 
characteristics of
its ranges; (2) Integrated Management: ensuring that the major management
functions that directly affect ranges, operations/training, 
facilities management,
and environmental management are integrated to support the training mission;
and (3) Outreach: ensuring that we articulate the Army's requirement 
for live-fire
training to support national security and improving our understanding of the
public's concern over the potential impacts of the live-fire 
training. The Army's
current sustainable range management effort is broad and complex, and has as
its basis the development of a comprehensive sustainable range management
plan that we believe will ensure our ability to maintain and sustain 
our ranges and
training lands well into the 21 st century.

The Army has just completed the first phase of the plan, which identifies
shortfalls (gaps) in current functions, policies, and procedures that 
could impede
implementation of sustainable range management across all levels of the Army,
from Headquarters, Department of the Army (HQDA) down to the over 400
installations with range assets. Doctrinally based core range 
requirements; those
related to requirements for modernization of range facilities; 
services to support
range operations; and maintenance requirements were analyzed against
encroachment factors to gauge our vulnerability to external effects that will
preclude our ability to support mission training requirements on our ranges.
Based on that analysis, the Army has developed goals and objectives for
sustainable range management and is currently drafting measures of merit for
monitoring their effectiveness upon implementation. These goals and objectives
for sustainable range management build upon our doctrinally based core range
requirements and integrate them with mechanisms to minimize encroachment
and the impacts of encroachment, reduce environmental liability through sound
environmental stewardship and compliance, and provide outreach to the 
public.*18
The goals and objectives form the basis for our comprehensive sustainable
range management plan, which will evolve into a new Army training regulation.
As part of this effort, the Army is developing policies and procedures to
correct the shortfalls identified during our initial analysis. We are 
developing
integrated management strategies at the HQDA, Major Army Command, and
installation levels to cut across functional lines in order to 
support the live-fire
training mission and ensure our range capability into the future. Because Army
ranges are a combination of training infrastructure, real property assets, and
environmental resources, the integration of those management functions is
vital
to the success of this approach. To oversee this integrated approach and the
comprehensive sustainable range management plan, the Army created the Army
Range Sustainment Integration Council (ARSIC) in June 2000. The ARSIC is a
HQDA level Council of Colonels that acts as an integration process team to
support sustainable range management by developing recommendations for
integrated policy, positions, and action plans.

The Army's ability to implement sustainable range management depends
not only on its ability to meld the three management programs: 
training, facilities,
and environment into a cohesive whole, but also on its ability to maintain
accurate and up-to-date information and data related to the operational and
environmental characteristics of our ranges, as well as the impact of
munitions
use on the environment. As part of this effort, HQDA has initiated a worldwide
inventory of its active and inactive ranges. This inventory will 
provide a "ground-truth"
baseline of the Army's extensive range infrastructure and provide the
foundation for the comprehensive plan*19

Sustainable Range Management will rely on the effective integration of the
lessons learned, and varied environmental compliance programs and practices
currently in place within the Army. Some examples of these follow.

LESSONS LEARNED AND COMPLIANCE PRACTICES FOR URBAN
GROWTH
One of the most successful approaches to managing urban growth is the
Joint Land Use Study (JLUS) program within the Office of the Secretary of
Defense (OSD). This community and economic development program provides
resources to communities, who, in conjunction with neighboring military
installations, agree to undertake joint regional planning. Resources provide
planning expertise. The result is a joint land use plan that provides optimal
"zoning" recommendations to reduce civil-military friction resulting from
urban
growth.

Another Army initiative is the encouragement of land ownership
partnerships with conservation groups with the objective of creating "buffers"
around installations that will prevent development and fence line
encroachment.
An excellent example of the creation of buffers is our Private Lands
Initiative at Fort Bragg. In this initiative, the Army is partnering 
with The Nature
Conservancy to develop buffers adjacent to the installation and training
areas.
While we may not need to "own" more land, it is clear that the Army must have
access to more land.

LESSONS LEARNED AND COMPLIANCE PRACTICES FOR T&E SPECIES

HQDA has initiated a series of briefings and information meetings with
FWS to better inform them about mission requirements and better understand
FWS T&E species conservation objectives. Army policy states that ESA*20
compliance requirements are "must fund." Endangered Species Management
Plans and their implementation constitute the major focus of funding for ESA
compliance requirements. The Army has completed endangered species
surveys for 71% of its installations. The Army has initiated several
studies on
Species at Risk in order to conserve them before they require 
listing. Four Army
employees serve on FWS Recovery Teams. New Army policy will enable
installations to partner with neighbors for the acquisition of conservation
easements off of the installation to meet installation management objectives;
however, funds have not yet been programmed to support this initiative.
Additionally, the Army and other military services are exploring how Sikes Act
Integrated Natural Resource Management Plans (INRMP) might qualify as
"special management" schemes such that installations with such plans would not
require designation of critical habitat.
At Fort Bragg, we are leveraging public and private resources by working
with the FWS and The Nature Conservancy to acquire conservation easements
from willing sellers off the installation. These easements allow for enhanced
management of the red-cockaded woodpecker, an endangered species. The
result is that Fort Bragg is able to lessen the restrictions on training while
enabling the red-cockaded woodpecker to move closer to recovery.

LESSONS LEARNED AND COMPLIANCE PRACTICES FOR UXO

It is essential that we respond to all UXO on our closed, transferred, and
transferring ranges thus demonstrating to the public that the Army is 
accountable
for its actions and will not knowingly harm the public or the environment.
A first step in accomplishing this was the completion of Phase I of the
Army Range Inventory. When completed, the Army Range Inventory will collect
key information about active and inactive (A/I) ranges and closed,
transferred,
and transferring (CTT) ranges. Phase I was a survey data call to all 
Army Major*21
Commands requesting basic information (e.g., location, acreage, 
munitions fired)
about all current and former ranges. It is being followed by field 
visits executed
by the Corps of Engineers for Closed, Transferring, and Transferred (CTT)
ranges, and by the Geographical Information Systems (GIS) Regional Support
Centers under the Army's Integrated Training Area Management Program, for
Active/Inactive (A/I) ranges. Phase I gave us a good estimate of the 
total amount
of acreage for our ranges and some information on munitions expenditures.
Completion of the follow-on phases of the inventory will provide a 
clearer picture
of the Army's current range assets as well as a listing of former ranges. The
complete inventory will help the Army prioritize and program for 
response actions
at former ranges and develop sound active range management programs.
Proactive approaches the Army has taken to ensure the continued use of
Army ranges include finalizing Army guidance for implementation of Department
of Defense Directives (DODD) 4715.11 and 12, " Environmental and Explosives
Safety Management on Department of Defense Active and Inactive Ranges
Within/Outside the United States," promulgated in August 1999, and
establishing
the Range Sustainment General Officer Steering Committee (GOSC), chaired by
the Vice Chief of Staff. The Army also founded the Army Range Sustainment
Integration Council (ARSIC), a Council of Colonels, to work and integrate
solutions to range and munitions issues across operational, environmental, and
installation management functional areas. This group is the proponent for the
Army's emerging Sustainable Range Management Program.

Army leads the Office of the Secretary of Defense's Operational and
Environmental Executive Steering Committee for Munitions (OEESCM), which
was established to identify and address environmental, operational and
explosives safety issues throughout the munitions lifecycle. The OEESCM,
consisting of operator and environmental representatives from all the
Services,
as well as many other DoD organizations, has formulated a Munitions Action
Plan (MAP). The MAP establishes an overall framework that identifies and*22
defines significant initiatives that will improve DoD's practices and minimize
environmental impacts across the full spectrum of the munitions life cycle.
The OEESCM created a work group to establish policy and guidance for
the management of munitions scrap metal found on ranges. The final draft
policy
is in staffing and the implementing guidance document has been started. The
OEESCM Range Response Subcommittee, which has spent the last two years
working with EPA, States, and other stakeholders to develop a Range Rule, is
working to publish a DoD Directive that builds on that earlier effort.

As part of its outreach efforts, MMR is implementing a UXO Safety
Education program for residents on and around the Reservation. The program
includes educational videos, handouts, presentations, and a website all
developed with input and approval from the surrounding community. The intent
of the program is to educate the community, especially young children, on the
hazards of UXO and what to do if they think they have encountered UXO.
A key requirement to address potential encroachment is to develop and
use the best information to support management and decision-making. The
Army is looking into what is being emitted when munitions are fired, how
munitions constituents behave when they are in the environment, what happens
to UXO on the ranges, and the current conditions on our active ranges.
The Army's Range XXI program is beginning to answer these questions
through a number of forward-looking environmental projects designed to support
training and testing operations. It is planned and managed by a partnership
between the Army's Operators, Materiel Developers, and Environmental, Safety,
and Occupational Health professionals.

Range XXI's greatest success to date is the Green Ammunition initiative.
Green ammunition contains lead-free bullets and uses less hazardous 
material in*23
the manufacturing process. Green ammunition is a replacement for the standard
service round and is an excellent example of the Army's proactive, integrated
approach to managing environmental issues on Army ranges. Lead in
ammunition projectiles can accumulate and concentrate in the soil in and
around
the target areas on our ranges, and this lead can migrate in certain 
types of soil.
The first of this new ammunition is the 5.56 mm used in the M-16 
family of rifles
and the Squad Automatic Weapon. The formal Engineering Change Proposal
was approved in March 2000, and the Army plans to produce 50 million rounds in
this fiscal year. This Green Ammunition has enabled the National Guard
units at
MMR to resume the individual marksmanship training that is a key element of
their readiness posture.

Another significant Range XXI effort is the ongoing Air Emissions
Management Program. The objective of this program is to identify the true
environmental impacts of smoke, pyrotechnics, and high explosives during both
training and combat operations. The Army Environmental Center, in cooperation
with the Center for Health Promotion and Preventive Medicine, is 
collecting this
essential data.

The Army will be performing a number of regional studies to assess the
environmental conditions of a number of its ranges to begin to understand the
degree of contamination, if any, from its live-fire training 
activities. It is also
evaluating the adequacy of the available data and scientific knowledge of
explosives compounds to guide future Research, Development, Test &
Evaluation (RDT&E) and data gathering efforts. Other initiatives include
designing small arms ranges to minimize erosion, employing shock absorbing
concrete to provide reusable and safe backstops, and utilizing dust control
technologies on tank trails and helicopter hover pads to reduce turbine engine
maintenance costs.*24

The Army's Research, Development, Test & Evaluation (RDT&E) program
is addressing detection and remediation of UXO, the fate and effects of
explosives, and identification of less toxic replacements for explosives.
The detection and remediation of UXO is one of the Army's most pressing
environmental cleanup problems. The UXO characterization and remediation
activities conducted at Army sites using currently available technology is
extremely expensive and often yields unsatisfactory results, due mainly to the
inability to discriminate between UXO and non-hazardous items. Field
experience indicates that the overwhelming majority of objects excavated
in the
course of a UXO remediation are found to be non-hazardous items. Advanced
technology offers the potential to significantly reduce the 
Department's liability
and safely and effectively cleanup land so it may be safely used for other
activities.

The principal goal of the UXO remediation technology development effort
is to produce more effective and efficient processes and procedures 
for reliable
and cost effective environmental remediation. These technologies are currently
not available in the commercial sector. Although almost all UXO remediation is
done by contract to the commercial sector, that commercial sector does not
have
the resources required to develop the sophisticated technology needed to
effectively remediate sites containing UXO. Without Army and DoD-wide
investments, Army will not see significant advances.

MMR has afforded the Army a unique opportunity to analyze our past
practices and to understand what needs to be done differently in the future.
In order to maintain effective sustainable military operations and
training, we
must have community acceptance and support for military activities, including
those military activities that affect public health and the environment.
Environmental problems on our installations are problems for the entire
surrounding community. Information on the conditions at our installations
is*25
readily available to the public and many of these people are technical experts
and many wish to use this information to support anti-military objectives.
MMR had to change to address earlier community concerns. They began
involving the entire community, not just the vocal critics, in 
decision-making at the
earliest possible moment. All technical and training programs integrated a
community outreach program component. They came to realize that the best
technical solution might not always be the best community solution. They saw
that additional staff with training in mediation, 
relationship-building, and outrage
management was essential, and that information dominance was essential.
However, a disturbing aspect of this collaboration is the expectation 
on the part
of local citizens that they should have veto authority of individual 
training events
or even tasks. This expectation is without sound basis in either environmental
risk management or military training doctrine.

HOW CONGRESS CAN HELP THE ARMY WITH THE RANGE
ENCROACHMENT ISSUE
SUPPORT AND RESOURCE THE IMPLEMENTATION OF THE ARMY'S
SUSTAINABLE RANGE MANAGEMENT PROGRAM.

SRM is the foundation for sustaining live training and the environment on
our ranges. As we have in the past, we will continue to improve range
operations, range modernization, state of the art land management, research on
munitions effects and UXO management, and public outreach. Although final
funding levels have not yet been established, we ask Congress to support this
important program.*26

SUPPORT AND FOSTER COOPERATION AMONG REGULATORS AND THE
MILITARY IN WAYS THAT EMPHASIZE THE NEED TO BALANCE MILITARY
READINESS CONCERNS AND ENVIRONMENTAL REGULATION.

The Army believes that Congress should continue to recognize that Army
readiness is a positive societal good and a legal mandate. Defense of 
our nation
is an important requirement that benefits all citizens. I believe 
there are ways to
balance the needs of the military with the needs of the environment. 
Just as our
Nation needs a well-trained military force, it also needs a healthy 
environment.
In light of the Secretary's current strategic review, it would be premature to
discuss specific proposals, but I look forward to working with other Federal
agencies and Congress.
Closing
Mr. Chairman and members of the Committee:
Thank you for affording me the opportunity to testify before you today
concerning an issue of great importance to the Army's future.

-- 
Joel Feigenbaum
24 Pond View Drive
E. Sandwich MA 02537
(508)-833-0144


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~