[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Page S8466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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