[CPEO-MEF] Encroachment Study

[Aimee Houghton <aimeeh@cpeo.org>]

[Language that currently appears in the House version of the Defense 
Authorization Act would require DOD to conduct a study on the impacts of 
encroachment on military installations and training.  The text appears 
below.   The bill (H.R. 1588) must still pass the full House.  --Aimee]


SEC. 316. REPORT REGARDING IMPACT OF CIVILIAN COMMUNITY ENCROACHMENT AND 
CERTAIN LEGAL REQUIREMENTS ON MILITARY INSTALLATIONS AND RANGES.
(a) STUDY REQUIRED- The Secretary of Defense shall conduct a study on the 
impact, if any, of the following types of activities at military 
installations and operational ranges:
(1) Civilian community encroachment on those military installations and 
ranges whose operational training activities, research, development, test, 
and evaluation activities, or other operational, test and evaluation, 
maintenance, storage, disposal, or other support functions require, or in 
the future reasonably may require, safety or operational buffer areas. The 
requirement for such a buffer area may be due to a variety of factors, 
including air operations, ordnance operations and storage, or other 
activities that generate or might generate noise, electro-magnetic 
interference, ordnance arcs, or environmental impacts that require or may 
require safety or operational buffer areas.
(2) Compliance by the Department of Defense with State Implementation Plans 
for Air Quality under section 110 of the Clean Air Act (42 U.S.C. 7410).
(3) Compliance by the Department of Defense with the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.) and the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(b) MATTERS TO BE INCLUDED WITH RESPECT TO CIVILIAN ENCROACHMENTS- With 
respect to paragraph (1) of subsection (a), the study shall include the 
following:
(1) A list of all military installations described in subsection (a)(1) at 
which civilian community encroachment is occurring.
(2) A description and analysis of the types and degree of such civilian 
community encroachment at each military installation included on the list.
(3) An analysis, including views and estimates of the Secretary of Defense, 
of the current and potential future impact of such civilian community 
encroachment on operational training activities, research, development, 
test, and evaluation activities, and other significant operational, test 
and evaluation, maintenance, storage, disposal, or other support functions 
performed by military installations included on the list. The analysis 
shall include the following:
(A) A review of training and test ranges at military installations, 
including laboratories and technical centers of the military departments, 
included on the list.
(B) A description and explanation of the trends of such encroachment, as 
well as consideration of potential future readiness problems resulting from 
unabated encroachment.
(4) An estimate of the costs associated with current and anticipated 
partnerships between the Department of Defense and non-Federal entities to 
create buffer zones to preclude further development around military 
installations included on the list, and the costs associated with the 
conveyance of surplus property around such military installations for 
purposes of creating buffer zones.
(5) Options and recommendations for possible legislative or budgetary 
changes necessary to mitigate current and anticipated future civilian 
community encroachment problems.
(c) MATTERS TO BE INCLUDED WITH RESPECT TO SPECIFIED LAWS- With respect to 
paragraphs (2) and (3) of subsection (a), the study shall include the 
following:
(1) A list of all military installations and other locations at which the 
Armed Forces are encountering problems related to compliance with the laws 
specified in such paragraphs.
(2) A description and analysis of the types and degree of compliance 
problems encountered.
(3) An analysis, including views and estimates of the Secretary of Defense, 
of the current and potential future impact of such compliance problems on 
the following functions performed at military installations:
(A) Operational training activities.
(B) Research, development, test, and evaluation activities.
(C) Other significant operational, test and evaluation, maintenance, 
storage, disposal, or other support functions.
(4) A description and explanation of the trends of such compliance 
problems, as well as consideration of potential future readiness problems 
resulting from such compliance problems.
(d) REPORT- Not later than January 31, 2004, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report containing the 
results of the study conducted under subsection (a), including the specific 
matters required to be addressed by paragraphs (1) through (5) of 
subsection (b) and paragraphs (1) through (4) of subsection (c).



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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
www.cpeo.org
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