[CPEO-MEF] Inhofe Amendment--Actual Language

[Aimee Houghton <aimeeh@cpeo.org>]

[What follows is the actual text of the Inhofe amendment mentioned earlier 
this evening.  It's late so I apologize in advance for any typos--Aimee]

At the end of subtitle B of title III, add the following:

SEC. 332. RANGE MANAGEMENT  (a) IN GENERAL.--Chapter 160 of title 10, 
United States Code, is amended by adding at the end the following new section

"2711. Range management
  "(a) EXCLUSION OF CERTAIN MUNITIONS AND OTHER MATERIALS
FROM SOLID WASTE UNDER SOLID WASTE DISPOSAL ACT.  (1) For purposes of the 
solid Waste disposal Act (42 U.S.C. 6901 et seq.), the term 'solid waste' 
shall not include military munitions, including unexploded ordnance and the 
constituents thereof, that are or have been deposited incident to their 
normal and expected use on an operational range and remain thereon, unless 
such military munitions, including unexploded ordnance and the constituents 
thereof--
    "(A) are recovered, collected, and then disposed of by burial or 
landfilling; or
    "(B) have migrated off an operational range and are not addressed 
through a response action under the comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.
  "(2) Military munitions, including unexploded ordnance and constituents 
thereof, that are described by subparagraph (a) or (b) of paragraph (1) 
shall be treated as solid waste for purposes of the Solid Waste Disposal 
Act, including sections 7002 and 7003 of that Act (42 U.S.C. 6972, 6973), 
where applicable.
  "(3) Nothing in this subsection shall be construed to effect the 
authority of Federal, State, interstate, local regulatory authorities to 
determine when military munitions, including unexploded ordnance and the 
constituents thereof but excluding military munitions (including unexploded 
ordnance and the constituents thereof) that are excluded from solid waste 
under paragraph (1), are or become hazardous waste for purposes of the 
Solid Waste Disposal Act.

  "(b) EXCLUSION OF CERTAIN ACTIONS ON MUNITIONS AND OTHER MATERIALS FROM 
RELEASE UNDER CERCLA.  (1) For purposes of Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
the term 'release' shall not include the deposit or presence on an 
operational range of any military munitions, including unexploded ordnance 
and the constituents thereof, that are or have been deposited thereon 
incident to their normal and expected use and remain thereon.
  "(2) For purposes of Comprehensive Environmental Response, compensation, 
and Liability Act of 1980, the term 'release' shall include the deposit off 
an operational range, or the migration off an operations range, of military 
munitions, including unexploded ordnance and the constituents thereof.
  "(3) Notwithstanding paragraphs (1) and (2), the authority of the 
President under section 106(a) of the  comprehensive Environmental 
Response, compensation, and Liability Act of 1980 (42 U.S.C. 9606(a)) to 
take action because there may be an imminent and substantial endangerment 
to the public health or welfare or the environment because of an actual or 
threatened release of a hazardous substance includes the authority to take 
action because of the deposit or presence on an operational range of any 
military munitions, including unexploded ordnance and the constituents 
thereof, that are or have been deposited thereon incident to normal and 
expected use and remain thereon.

  "(c) PROTECTION OF ENVIRONMENT, SAFETY, AND HEALTH.--Nothing in this 
section shall be construed to effect the authority of the Department of 
Defense to protect the environment, safety, and health on an operational range.

  "(d) APPLICABILITY TO RANGES OTHER THAN OPERATIONAL RANGES.--Nothing in 
this section shall be construed to effect the legal requirements applicable 
to military munitions, including unexploded ordnance and the constituents 
thereof, that have been deposited on an operational range once the range 
ceases to be an operational range.

  "(e) CONSTITUENTS DEFINED.--In this section, the term 'constituents' 
means any materials originating from military munitions, including 
unexploded ordnance, explosive and non-explosive materials, and the 
emissions, degradation, or breakdown products of such munitions."	




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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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