S.Amdt. 4131

SA 4131. Mr. GARDNER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 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 I of title X, add the following:

SEC. 1097. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN
ARSENAL NATIONAL WILDLIFE REFUGE.

Section 5(d)(1) of the Rocky Mountain Arsenal National
Wildlife Refuge Act of 1992 (16 U.S.C. 668dd note; Public Law
102-402) is amended by adding at the end the following new
subparagraph:
``(C)(i) Notwithstanding clause (i) of subparagraph (A),
the restriction attached to any deed to any real property
designated for disposal under this section that prohibits the
use of the property for residential or industrial purposes
may be modified or removed if it is determined, through a
risk assessment performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), that the property is
protective for the proposed use.
``(ii) The Secretary of the Army shall not be responsible
or liable for any of the following:
``(I) The cost of any risk assessment described in clause
(i) or any actions taken in response to such risk assessment.
``(II) Any damages attributable to the use of property for
residential or industrial purposes as the result of the
modification or removal of a deed restriction pursuant to
clause (i), or the costs of any actions taken in response to
such damages.''.
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