S.Amdt. 2173

1. Adds SEC. 2842. RESPONSIBILITY FOR ENVIRONMENTAL REMEDIATION AT BADGER ARMY AMMUNITION PLANT, BARABOO, WISCONSIN at the end of subtitle E of title XXVIII

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (c) References.--Any reference to the Department of Defense Asia- Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies.

   Inserted: SEC. 2842. RESPONSIBILITY FOR ENVIRONMENTAL REMEDIATION AT BADGER ARMY AMMUNITION PLANT, BARABOO, WISCONSIN.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Indian tribe.--The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

   Inserted: (2) Plant.--The term "plant" means the Badger Army Ammunition Plant near Baraboo, Wisconsin.

   Inserted: (3) Property.--The term "property" includes--

   Inserted: (A) the plant;

   Inserted: (B) any land--

   Inserted: (i) located in Sauk County, Wisconsin; and

   Inserted: (ii) managed by the Federal Government relating to the plant; and

   Inserted: (C) any structure on the land described in subparagraph (B).

   Inserted: (b) Retention of Environmental Liability.--

   Inserted: (1) In general.--Subject to paragraph (2), the Department of Defense shall retain liability for the costs of environmental remediation associated with the plant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other applicable Federal or State law if the property is transferred in fee or in trust to another Federal agency.

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   Inserted: (2) Limitation.--The liability described in paragraph (1) is limited to the costs of remediation of environmental contamination that existed before the date on which the property is transferred.

   Inserted: (c) Land Held in Trust.--If the property is transferred to another Federal agency to be held in trust for an Indian tribe, the transfer shall not result in any reduction of funds available to the Secretary of Defense to carry out the cleanup and closure of the plant.

   Inserted: (d) Effect.--Nothing in this section--

   Inserted: (1) relieves the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, or any other person from any obligation or liability under any Federal or State law with respect to the plant;

   Inserted: (2) alters any authority of the Administrator of the Environmental Protection Agency or the Governor of the State of Wisconsin under subsection (a)(4) or (h)(3)(B) of section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4), (h)(3)(B));

   Inserted: (3) affects the level of cleanup at the plant or the closure of the plant required under any Federal or State law;

   Inserted: (4) affects or limits the application of, or any obligation to comply with, any environmental law, including--

   Inserted: (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

   Inserted: (B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or

   Inserted: (5) prevents the United States from bringing a cost recovery, contribution, or any other action that would otherwise be available under any Federal or State law.

   Original wording

   At the end of subtitle E of title XXVIII, add the following:

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As printed