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H.R. 5650 (106th): To declare certain Federal lands in the Commonwealth of Puerto Rico as excess, and for other purposes.

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The text of the bill below is as of Dec 8, 2000 (Introduced). The bill was not enacted into law.

HR 5650 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.’.