S.Amdt. 769

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 101 of title 10, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 2019. Range management

   Inserted: "(a) Definition of Solid Waste.--(1) The term 'solid waste' as used in the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) does 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, or the constituents thereof--

   Inserted: "(A) are recovered, collected, and then disposed of by burial or land filling; 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) The military munitions, including unexploded ordnance, or constituents thereof that become a solid waste under subparagraph (A) or (B) of paragraph (1) shall be subject to the provisions of the Solid Waste Disposal Act, including but not limited to sections 7002 and 7003, where applicable.

   Inserted: "(3) Nothing in this section affects the authority of Federal, State, interstate, or local regulatory authorities to determine when military munitions, including unexploded ordnance, or the constituents thereof, become hazardous waste for purposes of the Solid Waste Disposal Act, except for military munitions, including unexploded ordnance, or the constituents thereof, that are excluded from the definition of solid waste by this subsection.

   Inserted: "(b) Definition of Release.--(1) The term 'release' as used in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) does 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. The term 'release' does include the deposit off an operational range, or the migration off an operational range, of military munitions, including unexploded ordnance, or the constituents thereof.

   Inserted: "(2) Notwithstanding the provisions of paragraph (1), 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, or the constituents thereof that are or have been deposited thereon incident to their normal and expected use and remain thereon.

   Inserted: "(c) Definition of Constituents.--In this section, the term 'constituents' means any materials originating from military munitions, including unexploded ordnance, explosive and non-explosive materials, and emission, degradation, or breakdown products of such munitions.

   Inserted: "(d) Change in Range Status.--Nothing in this section affects 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.

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   Inserted: "(e) Construction.--Nothing in this section affects the authority of the Department of Defense to protect the environment, safety, and health on operational ranges.".

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

   Inserted: "2019. Range management.".

   Original wording

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

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As printed