I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO TITLE XV OF THE FLOYD D.
SPENCE NATIONAL DEFENSE AUTHORIZA-
TION ACT FOR FISCAL YEAR 2001, NAVY AC-
TIVITIES ON THE ISLAND OF VIEQUES, PUER-
TO RICO.
(a) Section 1505(c) is amended by striking subsection
(c) and substituting the following:
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‘‘ACTIONS
REQUIRED
OF
SECRETARY
OF
THE
NAVY.—
(1) The Secretary of the Navy shall report as
excess all lands under the jurisdiction of the Sec-
retary on the eastern side of Vieques Island, with
the exception of the property identified in paragraph
(2), to the General Services Administration for dis-
posal under the Federal Property and Administra-
tive Services Act of 1949.
‘‘(2) The Secretary of the Navy, in consultation
with the Secretary of the Interior and the Adminis-
trator of General Service, shall transfer, without re-
imbursement, to the administrative jurisdiction of
the Secretary of the Interior all Department of De-
fense real properties on the eastern side of the is-
land that are identified as conservation zones in sec-
tion 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 ref-
erence to paragraphs (2) and (3) and substituting a ref-
erence to paragraphs (1) and (2).
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(c) Section 1505(e) is redesignated as subsection (f).
(d) Section 1505 is amended by substituting the fol-
lowing new subsection (e):
‘‘(e) DEPARTMENT
OF
DEFENSE
RESPONSIBIL-
ITIES.—
(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 Liabil-
ity 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 prop-
erty 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 Ad-
ministration, such response actions shall occur be-
fore 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, in-
cluding unexploded ordnance, that is present at the
time the property is transferred to the Department
of the Interior or reported excess to the General
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Services Administration by the Department of the
Navy, including contamination resulting from De-
partment 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 re-
ported excess by paragraph (1) of subsection (c) in
accordance with the Federal Property and Adminis-
trative Services Act of 1949.’’
‘‘(2) Federal responsibility to fund and imple-
ment any necessary response actions (including oper-
ation 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 Sec-
retary of the Navy to the Secretary of the Interior
pursuant to Section 1505 (including contamination
subsequently discovered), shall be the exclusive re-
sponsibility 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 ac-
tions carried out by the Secretary of Defense shall
be conducted subject to and in compliance with envi-
ronmental laws, including but not limited to
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CERCLA (42 U.S.C. Section 9601 et seq) and un-
dertaken in a manner consistent with the conserva-
tion and natural resources uses and mission for the
property transferred to the Department of the Inte-
rior.’’.
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