[Congressional Record Volume 162, Number 82 (Tuesday, May 24, 2016)]
[Senate]
[Page S3118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4131. Mr. GARDNER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 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 I of title X, add the following:

     SEC. 1097. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN 
                   ARSENAL NATIONAL WILDLIFE REFUGE.

       Section 5(d)(1) of the Rocky Mountain Arsenal National 
     Wildlife Refuge Act of 1992 (16 U.S.C. 668dd note; Public Law 
     102-402) is amended by adding at the end the following new 
     subparagraph:
       ``(C)(i) Notwithstanding clause (i) of subparagraph (A), 
     the restriction attached to any deed to any real property 
     designated for disposal under this section that prohibits the 
     use of the property for residential or industrial purposes 
     may be modified or removed if it is determined, through a 
     risk assessment performed pursuant to the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.), that the property is 
     protective for the proposed use.
       ``(ii) The Secretary of the Army shall not be responsible 
     or liable for any of the following:
       ``(I) The cost of any risk assessment described in clause 
     (i) or any actions taken in response to such risk assessment.
       ``(II) Any damages attributable to the use of property for 
     residential or industrial purposes as the result of the 
     modification or removal of a deed restriction pursuant to 
     clause (i), or the costs of any actions taken in response to 
     such damages.''.
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