S.Amdt. 709

1. Adds SEC. 332. RANGE MANAGEMENT at the end of subtitle B of title III

   Adds a section

   In S. 1050 · Placed on Calendar Senate

   (B) The extent to which the United States policy and programs relating to the procurement of imagery from commercial sources are sufficient to ensure that imagery is available to the Department of Defense from United States commercial firms to timely meet the needs of the Department of Defense for the imagery.

   Inserted: SEC. 332. RANGE MANAGEMENT.

   Inserted: (a) In General.--Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 2711. Range management

   Inserted: "(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--

   Inserted: "(A) are recovered, collected, and then disposed of by burial or landfilling; or

   Inserted: "(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.).

   Inserted: "(2) Military munitions, including unexploded ordnance and the 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.

   Inserted: "(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.

   Inserted: "(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 used and remain thereon.

   Inserted: "(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 operational range, of military munitions, including unexploded ordnance and the constituents thereof.

   Inserted: "(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.

   Inserted: "(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.

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   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of that chapter is amended by adding at the end the following new item:

   Inserted: "2711. Range management.".

   Original wording

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

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As printed