S.Amdt. 4568

SA 4568. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 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 title XXVII, add the following:

SEC. 2703. CONDITIONS ON CLOSURE OF PUEBLO CHEMICAL DEPOT AND
CHEMICAL AGENT-DESTRUCTION PILOT PLANT,
COLORADO.

(a) Submission of Final Closure and Disposal Plans.--
(1) Plans required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(A) a plan for the closure of the portion of Pueblo
Chemical Depot, Colorado, not previously declared surplus to
the Department of the Army upon the completion of the
chemical demilitarization mission of the Chemical Agent-
Destruction Pilot Plant at Pueblo Chemical Depot; and
(B) a plan for the disposal of all remaining land,
buildings, facilities, and equipment at Pueblo Chemical Depot
not previously declared surplus to the Department of the
Army.
(2) Local redevelopment authority role.--In preparing the
disposal plan required by paragraph (1)(B), the Secretary of
the Army shall take into account the future role of the Local
Redevelopment Authority.
(b) Local Redevelopment Authority Eligibility for
Assistance.--The Secretary of Defense, acting through the
Office of Local Defense Community Cooperation, may make
grants, conclude cooperative agreements, and supplement other
Federal funds to assist the Local Redevelopment Authority in
planning community adjustments and economic diversification
required by the closure of Pueblo Chemical Depot and the
Chemical Agent-Destruction Pilot Plant if the Secretary
determines that the closure is likely to have a direct and
significantly adverse consequence on nearby communities.
(c) General Closure, Realignment, and Disposal
Prohibition.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (2), the Secretary of the Army
shall take no action--
(A) to close or realign the portion of Pueblo Chemical
Depot not previously declared surplus to the Department of
the Army, which contains the Chemical Agent-Destruction Pilot
Plant; or
(B) to dispose of any land, building, facility, or
equipment that is surplus to the Department of the Army and
that comprises any portion of the Chemical Agent-Destruction
Pilot Plant other than to the Local Redevelopment Authority.
(2) Duration.--The prohibition under paragraph (1) shall
apply until a final closure and disposal decision is made the
Secretary of the Army for the portion of the Pueblo Chemical
Depot not previously declared surplus to the Department of
the Army, following submission of the closure and disposal
plans required by subsection (a).
(d) Prohibition on Demolition or Disposal Related to
Chemical Agent-Destruction Pilot Plant.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (4), the Secretary of the Army
may not--
(A) demolish any building, facility, or equipment described
in paragraph (2) that comprises any portion of the Chemical
Agent-Destruction Pilot Plant; or
(B) dispose of any such building, facility, or equipment
that is surplus to the Department of the Army other than to
the Local Redevelopment Authority.
(2) Covered buildings, facilities, and equipment.--The
prohibition under paragraph (1) shall apply to the following:
(A) Any building, facility, or equipment that is surplus to
the Department of the Army and that is located outside of a
Hazardous Waste Management Unit, where chemical munitions
were present, but where contamination did not occur, that is
considered by the Secretary of the Army as clean, safe, and
acceptable for reuse by the public after a risk assessment by
the Secretary.
(B) Any building, facility, or equipment that is surplus to
the Department of the Army and that is located outside of a
Hazardous Waste Management Unit, that was not contaminated by
chemical munitions and that was without the potential to be
contaminated, such as office buildings, parts warehouses, or
utility infrastructure, that is considered by the Secretary
of the Army as suitable for reuse by the public.
(3) Exception.--The prohibition under paragraph (1) shall
not apply to any building, facility, or equipment otherwise
described in paragraph (2) for which the Local Redevelopment
Authority provides to the Secretary of the Army a written
determination specifying that the building, facility, or
equipment is not needed for community adjustment and economic
diversification following the closure of the Chemical Agent-
Destruction Pilot Plant.
(4) Duration.--The prohibition under paragraph (1) shall
apply until Hazardous Waste Permit Number CO-20-09-02-01 is
modified or replaced with a new permit under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the
``Resource Conservation and Recovery Act of 1976'') issued by
the State of Colorado, after the public notice and comment
process has been concluded.
(e) Local Redevelopment Authority Defined.--In this
section, the term ``Local Redevelopment Authority'' means the
Local Redevelopment Authority for Pueblo Chemical Depot, as
recognized by the Office of Local Defense Community
Cooperation of the Department of Defense.
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