S.Amdt. 4797

SA 4797. Mr. BENNET 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 subtitle D of title XXVIII, add the
following:

SEC. 2836. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH FORMER ROCKY
MOUNTAIN ARSENAL, COLORADO.

(a) Authority for Payment.--
(1) Transfer amount.--
(A) In general.--Notwithstanding section 2215 of title 10,
United States Code, chapter 160 of such title, section 1367
of the National Defense Authorization Act for Fiscal Year
1987 (Public Law 99-661; 100 Stat. 4003), or any other
provision of law, using funds described in subsection (b),
the Secretary of Defense may transfer to the Administrator of
the Environmental Protection Agency for use at the former
Rocky Mountain Arsenal, Colorado--
(i) in fiscal year 2022, $4,805,000 for costs associated
with the involvement of the Environmental Protection Agency
with the cleanup by the Department of the Army of the former
Rocky Mountain Arsenal from fiscal years 2015 through 2020,
after a specific accounting is provided in accordance with
subparagraph (B); and
(ii) in each of fiscal years 2022, 2023, and 2024, to
account for costs incurred by the Environmental Protection
Agency for such cleanup in fiscal years 2021, 2022, and 2023,
an amount not to exceed $600,000, after a specific accounting
is provided in accordance with subparagraph (B).
(B) Accounting.--Prior to the payment of amounts under
subparagraph (A), the Administrator of the Environmental
Protection Agency shall furnish to the Secretary of Defense a
specific accounting of costs for which payment is requested.
(C) Authorized costs.--Payment of amounts under
subparagraph (A) may be made only for those costs incurred by
the Environmental Protection Agency for fiscal years 2015
through 2023--
(i) for providing technical assistance in accordance with
the document entitled ``Settlement Agreement Between the
United States and Shell Oil Company Concerning the Rocky
Mountain Arsenal'', effective February 17, 1989, as
incorporated into the consent decree entered by the United
States District Court for the District of Colorado in United
States v. Shell Oil Co., Civil Action No. 83-C-2379, dated
February 12, 1992 (referred to in this section as the
``Settlement Agreement''); and
(ii) that are not inconsistent with the National Oil and
Hazardous Substances Pollution Contingency Plan described in
part 300 of title 40, Code of Federal Regulations (or
successor regulations).
(2) Purpose of payment.--The amounts authorized to be
transferred under paragraph (1)(A) are--
(A) for payment to the Environmental Protection Agency for
all costs that may be owed by the Department of the Army to
the Environmental Protection Agency pursuant to the
Settlement Agreement; and
(B) for use at the former Rocky Mountain Arsenal to allow
the Environmental Protection Agency to proceed with review of
cleanup documents that the Agency had suspended.
(b) Source of Funds.--The transfer authorized under
subsection (a)(1)(A) shall be made using funds authorized to
be appropriated for fiscal years 2022, 2023, and 2024 for
Operation and Maintenance, Army for Environmental
Restoration.
(c) Finality of Payments.--The transfer authorized under
subsection (a)(1)(A) constitutes final and complete payment
for all costs borne by the Environmental Protection Agency
arising from the Settlement Agreement for fiscal years 2015
through 2023.
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