S.Amdt. 2537
What it does: Adds SEC. 2842. RESPONSIBILITY FOR ENVIRONMENTAL REMEDIATION AT BADGER ARMY AMMUNITION PLANT, BARABOO, WISCONSIN at the end of subtitle E of title XXVIIIWhat it changes
1 change to S. 1197 · shown in the bill's text
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 sectionIn 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 located in Sauk County, Wisconsin, and managed by the Federal Government relating to the plant; and
Inserted: (C) any structure on the land described in subparagraph (B).
Inserted: (b) Transfer of Administrative Jurisdiction.--
Inserted: (1) In general.--There is transferred from the Secretary of Defense to the Secretary of the Interior administrative jurisdiction over approximately 1,553 acres of land located within the boundary of the property, to be held in trust by the Secretary of the Interior for the benefit of the Ho-Chunk Nation.
Inserted: (2) Date of transfer.--The transfer under paragraph (1) shall be carried out--
Inserted: (A) not earlier than the date on which environmental remediation activities on the land transferred under paragraph (1) is finalized; and
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Inserted: (B) not later than the earlier of--
Inserted: (i) the date that is 12 months after the date described in subparagraph (A); and
Inserted: (ii) the date of enactment of this section.
Inserted: (c) Retention of Environmental Liability.--
Inserted: (1) In general.--Subject to paragraph (2), beginning on the date on which the property is transferred to the Secretary of the Interior under subsection (b), the Department of Defense shall retain sole and exclusive Federal responsibility and liability to fund and implement any action required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or any other applicable Federal or State law.
Inserted: (2) Limitation.--The liability described in paragraph (1) is limited to the remediation of environmental contamination caused by the activities of the Department of Defense that existed before the date on which the property is transferred.
Inserted: (d) Effect.--Except as otherwise provided in this section, 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) 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: (3) 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:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2537. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXVIII, add the following:
SEC. 2842. RESPONSIBILITY FOR ENVIRONMENTAL REMEDIATION AT BADGER ARMY AMMUNITION PLANT, BARABOO, WISCONSIN.
(a) Definitions.--In this section:
(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).
(2) Plant.--The term “plant” means the Badger Army Ammunition Plant near Baraboo, Wisconsin.
(3) Property.--The term “property” includes--
(A) the plant;
(B) any land located in Sauk County, Wisconsin, and managed by the Federal Government relating to the plant; and
(C) any structure on the land described in subparagraph (B).
(b) Transfer of Administrative Jurisdiction.--
(1) In general.--There is transferred from the Secretary of Defense to the Secretary of the Interior administrative jurisdiction over approximately 1,553 acres of land located within the boundary of the property, to be held in trust by the Secretary of the Interior for the benefit of the Ho-Chunk Nation.
(2) Date of transfer.--The transfer under paragraph (1) shall be carried out--
(A) not earlier than the date on which environmental remediation activities on the land transferred under paragraph (1) is finalized; and
(B) not later than the earlier of--
(i) the date that is 12 months after the date described in subparagraph (A); and
(ii) the date of enactment of this section.
(c) Retention of Environmental Liability.--
(1) In general.--Subject to paragraph (2), beginning on the date on which the property is transferred to the Secretary of the Interior under subsection (b), the Department of Defense shall retain sole and exclusive Federal responsibility and liability to fund and implement any action required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or any other applicable Federal or State law.
(2) Limitation.--The liability described in paragraph (1) is limited to the remediation of environmental contamination caused by the activities of the Department of Defense that existed before the date on which the property is transferred.
(d) Effect.--Except as otherwise provided in this section, nothing in this section--
(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;
(2) affects or limits the application of, or any obligation to comply with, any environmental law, including--
(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
(3) 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.
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Senate amendment submitted
November 21, 2013