[Congressional Record Volume 161, Number 77 (Tuesday, May 19, 2015)]
[Senate]
[Page S3054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BADGER ARMY AMMUNITION PLANT LAND PARCEL
Ms. BALDWIN. Mr. President, in the closing days of last Congress, I
was proud to see this body include a provision in the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act, P.L. 113-
291, to transfer a parcel of land at the former Badger Army Ammunition
Plant near Baraboo, WI, from the Department of Defense to the
Department of the Interior. I worked throughout the drafting of this
legislation to include this provision, which is of great importance to
Wisconsin.
During discussions on the specific legislative text to be included in
the bill, a question was raised as to how the language might apply to
Department of Defense contractors, particularly any Badger Army
Ammunition Plant operators. I understand the legislative language that
refers to ``activities of the Department of Defense'' to include
activities undertaken by the officers and agents employed or contracted
by the Department of Defense, meaning that under the terms of this
provision, the Army retains responsibility for remediation of
environmental contamination resulting from activities undertaken by the
Department of Defense and its contractors. This clarification is
critical because Badger Army Ammunition Plant was operated by the
Department of Defense contractors, and contamination at the site was
caused as a direct result of their activities.
I wrote to the Department of Defense to request their clarification
on this matter, and I ask unanimous consent that my letter and their
response be printed in the Congressional Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, January 12, 2015.
Mr. John Conger,
Deputy Under Secretary of Defense, Installations &
Environment, Department of Defense, Washington, DC.
Dear Mr. Conger: The National Defense Authorization Act for
Fiscal Year 2015 (PL 113-291) includes a provision (Section
3078) transferring administrative jurisdiction, from the
Secretary of the Army to the Secretary of the Interior, of
property located on the site of the former Badger Army
Ammunition Plant (BAAP) near Baraboo, Wisconsin. I worked
throughout the drafting of this legislation to include this
provision, and would like to thank you for the assistance
provided by your staff in drafting the legislative language
that became part of the final bill.
During discussions on the specific legislative text to be
included in the bill, a question was raised as to how the
language might apply to Department of Defense contractors,
particularly any BAAP operators. I understand the legislative
language that refers to ``activities of the Department of
Defense'' to include activities undertaken by the officers
and agents employed or contracted by the Department of
Defense, meaning that under the terms of this provision, the
Army retains responsibility for remediation of environmental
contamination resulting from activities undertaken by DOD and
its contractors. This clarification is critical because BAAP
was operated by DOD contractors, and contamination at the
site was caused as a direct result of their activities. I
would appreciate your views on this matter.
I have worked on this project for 16 years, and I am
extremely grateful for the assistance provided by DOD and the
Army to help craft a legislative solution. Thank you for your
consideration of this request and for all that you do in
support of the men and women of our Armed Forces.
Sincerely,
Tammy Baldwin,
United States Senator.
____
Office of the Assistant
Secretary of Defense,
Washington, DC.
Hon. Tammy Baldwin,
U.S. Senate,
Washington, DC.
Dear Senator Baldwin: Thank you for your January 12, 2015,
letter requesting clarification of section 3078 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Pub. L. 113-291),
transfer of administrative jurisdiction, from the Secretary
of the Army to the Secretary of the Interior, of the property
at the former Badger Army Ammunition Plant (BAAP) near
Baraboo, Wisconsin. You asked how the act applies to the
former Department of Defense operating contractors at BAAP.
The operating contractor for BAAP would have been
responsible for operating the plant in accordance with the
terms of the contract. Such an operating status would not
change the underlying responsibility of the United States
Army for the activities at the plant simply because they were
performed by its contractor. This is not to say that the
contractor would be absolved of responsibility for its
activities while performing under the contract, but that
responsibility would be governed by the terms of the contract
as between the contractor and the United States Army.
To the extent that the contractor's activities were
performed pursuant to and in accordance with the contract,
the United States Army would retain responsibility for the
activities that occurred in the operation of the plant.
During those periods you appear to be most interested in, the
Army was the owner of the plant for purposes of the
environmental laws. We cannot prejudge any actual issue
relating to who would be responsible for actions that
occurred at the plant. Such responsibility would be
determined after a careful review of the law and its
application to the specific facts.
I hope you find this information helpful, please let me
know if I can be of any further assistance in this matter.
Sincerely,
John Conger,
Performing the Duties of the
Assistant Secretary of Defense.
____________________