[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.

                          ____________________