[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5650 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5650

To declare certain Federal lands in the Commonwealth of Puerto Rico as 
                    excess, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2000

Mr. Romero-Barcelo introduced the following bill; which was referred to 
                    the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To declare certain Federal lands in the Commonwealth of Puerto Rico as 
                    excess, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS TO TITLE XV OF THE FLOYD D. SPENCE NATIONAL 
              DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001, NAVY 
              ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO.

    (a) Section 1505(c) is amended by striking subsection (c) and 
substituting the following:
    ``Actions Required of Secretary of the Navy.--
            (1) The Secretary of the Navy shall report as excess all 
        lands under the jurisdiction of the Secretary on the eastern 
        side of Vieques Island, with the exception of the property 
        identified in paragraph (2), to the General Services 
        Administration for disposal under the Federal Property and 
        Administrative Services Act of 1949.
            ``(2) The Secretary of the Navy, in consultation with the 
        Secretary of the Interior and the Administrator of General 
        Service, shall transfer, without reimbursement, to the 
        administrative jurisdiction of the Secretary of the Interior 
        all Department of Defense real properties on the eastern side 
        of the island that are identified as conservation zones in 
        section IV of the 1983 Memorandum of Understanding between the 
        Commonwealth of Puerto Rico and the Secretary of the Navy, the 
        Live Impact Area, and any other real properties on the eastern 
        side of the island that the Secretary of the Interior 
        identifies as necessary for the management of these areas.''.
    (b) Section 1505(d) is amended by striking the reference to 
paragraphs (2) and (3) and substituting a reference to paragraphs (1) 
and (2).
    (c) Section 1505(e) is redesignated as subsection (f).
    (d) Section 1505 is amended by substituting the following new 
subsection (e):
    ``(e) Department of Defense Responsibilities.--
            (1) The Department of Defense shall conduct all response 
        actions on the lands transferred under section 1505, in 
        accordance with the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 and other environmental 
        laws. As for the properties transferred to the Department of 
        the Interior, this means response actions designed to meet the 
        standards appropriate for use of the property as a wildlife 
        refuge or a wilderness area as set forth in subsection 1505(d). 
        For purposes of the lands reported as excess to the General 
        Services Administration, such response actions shall occur 
        before the lands are further transferred or conveyed under the 
        Federal Property and Administrative Services Act of 1949. 
        Neither the Department of the Interior nor the General Services 
        Administration shall be liable for environmental contamination, 
        including unexploded ordnance, that is present at the time the 
        property is transferred to the Department of the Interior or 
        reported excess to the General Services Administration by the 
        Department of the Navy, including contamination resulting from 
        Department of Defense activities that is discovered after 
        transfer or subsequent conveyance. All eligible entities 
        including the Government of Puerto Rico may request transfer of 
        the remediated lands reported excess by paragraph (1) of 
        subsection (c) in accordance with the Federal Property and 
        Administrative Services Act of 1949.''
            ``(2) Federal responsibility to fund and implement any 
        necessary response actions (including operation and 
        maintenance) to address environmental contamination resulting 
        from the acts, omissions, or presence of the Department of 
        Defense or which is present at the time of any conveyance by 
        the Secretary of the Navy to the Secretary of the Interior 
        pursuant to Section 1505 (including contamination subsequently 
        discovered), shall be the exclusive responsibility of the 
        Secretary of Defense, and not the responsibility of the 
        Secretary of the Interior, unless such contamination was caused 
        or contributed to by the Department of the Interior. Any 
        response actions carried out by the Secretary of Defense shall 
        be conducted subject to and in compliance with environmental 
        laws, including but not limited to CERCLA (42 U.S.C. Section 
        9601 et seq) and undertaken in a manner consistent with the 
        conservation and natural resources uses and mission for the 
        property transferred to the Department of the Interior.''.
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