S.Amdt. 2553Senate109th Congress (2005-2007)

To require the identification of environmental conditions at military installations closed or realigned as part of the 2005 round of defense base closure and realignment.

What it does: Adds SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT at the end of subtitle D of title XXVIII of division B
Submitted November 15, 2005

What it changes

1 change to S. 1042 · shown in the bill's text

Adds a section
  1. Adds SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT at the end of subtitle D of title XXVIII of division B

    Adds a section

    In S. 1042 · Public Print

    (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense should not transfer any unit from a military installation closed or realigned due to the relocation of forces under the Integrated Global Presence and Basing Strategy or the 2005 round of defense base closure and realignment until adequate facilities and infrastructure necessary to support the unit's mission and quality of life requirements for military families are ready for use at the receiving location.

    Inserted: SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

    Inserted: (a) Identification of Environmental Condition of Property.--

    Inserted: (1) In general.--Not later than May 31, 2007, the Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency, other appropriate Federal agencies, and State, tribal, and local government officials, shall complete an identification of the environmental condition of the real property (including groundwater) of each military installation approved for closure or realignment under the 2005 round of defense base closure and realignment in accordance with section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)).

    Inserted: (2) Results.--

    Inserted: (A) In general.--As soon as practicable after the date on which an identification under paragraph (1) is completed, the Secretary of Defense shall--

    Inserted: (i) provide a notice of the results of the identification to--

    Inserted: (I) the Administrator of the Environmental Protection Agency;

    Inserted: (II) the head of any other appropriate Federal agency, as determined by the Secretary; and

    Inserted: (III) any affected State or tribal government official, as determined by the Secretary; and

    Inserted: (ii) publish in the Federal Register the results of the identification.

    Inserted: (B) Request for concurrence.--The Secretary shall include in a notice provided under subclause (I) or (III) of subparagraph (A)(i) a request for concurrence with the identification in such form as the Secretary determines to be appropriate.

    Inserted: (3) Concurrence.--

    Show 9 more inserted paragraphs

    Inserted: (A) In general.--An identification under paragraph (1) shall not be considered to be complete until--

    Inserted: (i) for a property that is a site, or part of a site, on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), the date on which the Administrator of the Environmental Protection Agency and each appropriate State and tribal government official concur with the identification; and

    Inserted: (ii) for any property that is not a site described in clause (i), the date on which each appropriate State and tribal government official concurs with the identification.

    Inserted: (B) Failure to act.--The Administrator, or a State or tribal government official, shall be considered to concur with an identification under paragraph (1) if the Administrator or government official fails to make a determination with respect to a request for concurrence with such identification under paragraph (2)(B) by not later than 90 days after the date on which such request for concurrence is received.

    Inserted: (b) Expediting Environmental Response.--The Secretary of Defense shall coordinate with appropriate Federal, State, tribal, and local governmental officials, as determined by the Secretary, to expedite environmental response at military installations approved for closure or realignment under the 2005 round of defense base closure and realignment.

    Inserted: (c) Report.--The Secretary shall submit to Congress, as part of each annual report under section 2706 of title 10, United States Code, a report describing any progress made in carrying out this section.

    Inserted: (d) Effect of Section.--Nothing in this section affects any obligation of the Secretary with respect to any other Federal or State requirement relating to--

    Inserted: (1) the environment; or

    Inserted: (2) the transfer of property.

    Original wording

    At the end of subtitle D of title XXVIII of division B, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2553. Mr. WARNER (for Ms. Snowe (for herself and Ms. Collins)) proposed an amendment to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows:

At the end of subtitle D of title XXVIII of division B, add the following:

SEC. 2887. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

(a) Identification of Environmental Condition of Property.--

(1) In general.--Not later than May 31, 2007, the Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency, other appropriate Federal agencies, and State, tribal, and local government officials, shall complete an identification of the environmental condition of the real property (including groundwater) of each military installation approved for closure or realignment under the 2005 round of defense base closure and realignment in accordance with section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)).

(2) Results.--

(A) In general.--As soon as practicable after the date on which an identification under paragraph (1) is completed, the Secretary of Defense shall--

(i) provide a notice of the results of the identification to--

(I) the Administrator of the Environmental Protection Agency;

(II) the head of any other appropriate Federal agency, as determined by the Secretary; and

(III) any affected State or tribal government official, as determined by the Secretary; and

(ii) publish in the Federal Register the results of the identification.

(B) Request for concurrence.--The Secretary shall include in a notice provided under subclause (I) or (III) of subparagraph (A)(i) a request for concurrence with the identification in such form as the Secretary determines to be appropriate.

(3) Concurrence.--

(A) In general.--An identification under paragraph (1) shall not be considered to be complete until--

(i) for a property that is a site, or part of a site, on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), the date on which the Administrator of the Environmental Protection Agency and each appropriate State and tribal government official concur with the identification; and

(ii) for any property that is not a site described in clause (i), the date on which each appropriate State and tribal government official concurs with the identification.

(B) Failure to act.--The Administrator, or a State or tribal government official, shall be considered to concur with an identification under paragraph (1) if the Administrator or government official fails to make a determination with respect to a request for concurrence with such identification under paragraph (2)(B) by not later than 90 days after the date on which such request for concurrence is received.

(b) Expediting Environmental Response.--The Secretary of Defense shall coordinate with appropriate Federal, State, tribal, and local governmental officials, as determined by the Secretary, to expedite environmental response at military installations approved for closure or realignment under the 2005 round of defense base closure and realignment.

(c) Report.--The Secretary shall submit to Congress, as part of each annual report under section 2706 of title 10, United States Code, a report describing any progress made in carrying out this section.

(d) Effect of Section.--Nothing in this section affects any obligation of the Secretary with respect to any other Federal or State requirement relating to--

(1) the environment; or

(2) the transfer of property.

Legislative Activity

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Senate amendment submitted

November 15, 2005

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Floor

Senate amendment submitted

November 15, 2005

Floor

Senate amendment agreed to: Amendment SA 2553 agreed to in Senate by Unanimous Consent.

November 15, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 2553 proposed by Senator Warner for Senator Snowe.

November 15, 2005

Floor

Amendment SA 2553 proposed by Senator Warner for Senator Snowe. (consideration: CR S12778-12791; text: CR S12786) To require the identification of environmental conditions at military installations closed or realigned as part of the 2005 round of defense base closure and realignment.

November 15, 2005

Floor

Amendment SA 2553 agreed to in Senate by Unanimous Consent.

November 15, 2005