2001 CPEO Military List Archive

From: Aimee Houghton <aimeeh@cpeo.org>
Date: 13 Sep 2001 20:16:27 -0000
Reply: cpeo-military
Subject: [CPEO-MEF] House UXO Language
 
Below if the House language on UXO that appears in their 2002 Defense Authorization bill.  You can view the entire bill by going to:

http://thomas.loc.gov/cgi-bin/query/D?c107:1:./temp/~c107vmDAxb::

HR2586
Subtitle B--Environmental Provisions
SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT FORMER MILITARY RANGES.
(a) INVENTORY REQUIRED- (1) Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2710. Former military ranges: inventory of explosive risk sites; use of inventory; public safety issues
`(a) DEFINITIONS- In this section:
`(1) The term `former military range' means a military range presently located in the United States that--
`(A) is or was owned by, leased to, or otherwise possessed or used by the Federal Government;
`(B) is designated as a closed, transferred, or transferring military range (rather than as an active or inactive range); or
`(C) is or was used as a site for the disposal of military munitions or for the use of military munitions in training or research, development, testing, and evaluation.
`(2) The term `abandoned military munitions' means unexploded ordnance and other abandoned military munitions, including components thereof and chemical weapons materiel, that pose a threat to human health or safety.
`(3) The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions.
`(4) The term `United States', in a geographic sense, includes the Commonwealth of Puerto Rico and the territories and possessions.
`(b) INVENTORY REQUIRED- (1) The Secretary of Defense shall develop and maintain an inventory of former military ranges that are known or suspected to contain abandoned military munitions.
`(2) The information for each former military range in the inventory shall include, at a minimum, the following:
`(A) A unique identifier for the range and its current designation as either a closed, transferred, or transferring range.
`(B) An appropriate record showing the location, boundaries, and extent of the range, including identification of the State and political subdivisions of the State in which the range is located and any Tribal lands encompassed by the range.
`(C) Known persons and entities, other than a military department, with any current ownership interest or control of lands encompassed by the range.
`(D) Any restrictions or other land use controls currently in place that might affect the potential for public and environmental exposure to abandoned military munitions.
`(c) SITE PRIORITIZATION- (1) With respect to each former military range included on the inventory, the Secretary of Defense shall assign the range a relative priority for response activities based on the overall conditions at the range. The level of response priority assigned the range shall be included with the information required by subsection (b)(2) to be maintained for the range.
`(2) In assigning the response priority for a former military range, the Secretary of Defense shall primarily consider factors relating to safety and environmental hazard potential, such as the following:
`(A) Whether there are known, versus suspected, abandoned military munitions on all or any portion of the range and the types of munitions present or suspected to be present.
`(B) Whether public access to the range is controlled, and the effectiveness of these controls.
`(C) The potential for direct human contact with abandoned military munitions at the range and evidence of people entering the range.
`(D) Whether a response action has been or is being undertaken at the range under the Formerly Used Defense Sites program or other programs.
`(E) The planned or mandated dates for transfer of the range from military control.
`(F) The extent of any documented incidents involving abandoned military munitions at or from the range. In this subparagraph, the term `incidents' means any or all of the following: explosions, discoveries, injuries, reports, and investigations.
`(G) The potential for drinking water contamination or the release of weapon components into the air.
`(H) The potential for destruction of sensitive ecosystems and damage to natural resources.
`(d) UPDATES AND AVAILABILITY- (1) The Secretary of Defense shall annually update the inventory and site prioritization list to reflect new information that becomes available. The inventory shall be available in published and electronic form.
`(2) The Secretary of Defense shall work with adjacent communities to provide information concerning conditions at the former military range and response activities, and shall respond to inquiries. At a minimum, the Secretary shall notify immediately affected individuals, appropriate State, local, tribal, and Federal officials, and, when appropriate, civil defense or emergency management agencies.'.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`2710. Former military ranges: inventory of explosive risk sites; use of inventory; public safety issues.'.
(b) INITIAL INVENTORY- The inventory required by section 2710 of title 10, United States Code, as added by subsection (a), shall be completed and made available not later than one year after the date of the enactment of this Act.

Please note new phone number and address below.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Aimee R. Houghton                                 
Associate Director, CPEO
1101 Connecticut Avenue, NW, Suite 1000
Washington, DC  20036
tel: 202-452-8039; fax: 202-452-8095
Email: aimeeh@cpeo.org
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~




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