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103D CONGRESS

2D SESSION H. R. 4334

To amend title 10, United States Code, to authorize the Secretary of Defense

to provide assistance to promote public participation in defense environmental restoration activities.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1994

Mr. UNDERWOOD introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To amend title 10, United States Code, to authorize the

Secretary of Defense to provide assistance to promote

public participation in defense environmental restoration

activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ASSISTANCE FOR PUBLIC PARTICIPATION IN

4 DEFENSE ENVIRONMENTAL RESTORATION

5 ACTIVITIES.

6 (a) ESTABLISHMENT OF RESTORATION ADVISORY

7 BOARDS.—Section 2705 of title 10, United States Code,
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1 is amended by adding after subsection (c) the following

2 new subsection:

3 ‘‘(d) RESTORATION ADVISORY BOARD.—In lieu of es4 tablishing a technical review committee under subsection

5 (c), the Secretary may permit the establishment of a res6 toration advisory board in connection with any installation

7 (or group of nearby installations) where the Secretary is

8 planning or implementing environmental remediation ac9 tivities. The Secretary shall prescribe regulations regard10 ing the characteristics, composition, and establishment of

11 restoration advisory boards pursuant to this subsection.

12 The Secretary shall provide for the payment of routine ad13 ministrative expenses of a restoration advisory board from

14 funds available for the operation and maintenance of the

15 installation (or installations) for which the board is estab16 lished.’’.

17 (b) ASSISTANCE FOR CITIZEN PARTICIPATION ON

18 TECHNICAL REVIEW BOARDS AND RESTORATION ADVI19 SORY BOARDS.—Such section is further amended by add20 ing after subsection (d) (as added by subsection (a)) the

21 following new subsection:

22 ‘‘(e) ASSISTANCE FOR CITIZEN PARTICIPATION.—(1)

23 Using amounts made available under paragraph (5), the

24 Secretary shall make grants to facilitate the participation

25 of private individuals on technical review committees and
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1 restoration advisory boards for the purpose of ensuring

2 public input into the planning and implementation of envi3 ronmental remediation activities at installations where

4 such committees and boards are in operation. Such grants

5 shall be made through an appropriate trustee selected pur6 suant to regulations prescribed by the Secretary for this

7 purpose.

8 ‘‘(2) Private individuals who are members of a tech9 nical review committee or restoration advisory board may

10 use a grant awarded under this subsection only—

11 ‘‘(A) to obtain technical assistance in interpret12 ing scientific and engineering issues with regard to

13 the nature of environmental hazards at an installa14 tion and the remedial activities proposed or con15 ducted at the installation; and

16 ‘‘(B) to assist such members and affected citi17 zens to more effectively participate in the environ18 mental restoration process at the installation.

19 ‘‘(3) Technical or other experts hired by members of

20 a technical review committee or restoration advisory board

21 using funds provided under this subsection shall be hired

22 in the sole discretion of such members.

23 ‘‘(4) Subject to the availability of funds for grants

24 under this subsection, the total amount of funds to be pro25 vided under this subsection to a technical review commit-
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1 tee or restoration advisory board established for a particu2 lar installation (or group of installations) shall be equal

3 to the lessor of—

4 ‘‘(A) one tenth of 1 percent of the total cost of

5 environmental remediation activities conducted at

6 the installation (or group of installations); and

7 ‘‘(B) $100,000.

8 ‘‘(5) In such aggregate amount as may be provided

9 in appropriations Acts, the Secretary shall make grants

10 under this subsection using funds in the Defense Environ11 mental Restoration Account and, in the case of defense

12 facilities to be closed or realigned, the Department of De13 fense Base Closure Account 1990.’’.

14 (c) INVOLVEMENT OF COMMITTEES AND BOARDS IN

15 DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.—

16 Such section is further amended by adding after sub17 section (e) (as added by subsection (b)) the following new

18 subsection:

19 ‘‘(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL

20 RESTORATION PROGRAM.—The Secretary shall consult

21 with, and seek the advice of, the technical review commit22 tee or restoration advisory board established for an instal23 lation (if any) on the following issues:

24 ‘‘(1) Identifying environmental remediation ac25 tivities and projects at the installation.
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1 ‘‘(2) Tracking progress on these activities and

2 projects.

3 ‘‘(3) Collecting information regarding remedi4 ation priorities for the installation.

5 ‘‘(4) Addressing land use, level of remediation,

6 acceptable risk, and waste management and tech7 nology development issues related to remediation at

8 the installation.

9 ‘‘(5) Developing remediation strategies.’’.

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