I
107TH CONGRESS
1ST SESSION
H. R. 2605
To amend title 10, United States Code, to require the development and
maintenance of an inventory of sites within former military ranges known
or suspected to contain unexploded ordnance (UXO) or other abandoned
military munitions that pose a threat to human health, human safety,
or the environment, to improve security at such sites and public aware-
ness of the dangers associated with such sites, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 24, 2001
Mr. BLUMENAUER (for himself, Mr. RILEY, Mr. EVANS, Mr. MANZULLO, Mr.
UNDERWOOD, Mr. EHLERS, Mr. FARR of California, Mr. WALDEN, Mrs.
TAUSCHER, Mr. HERGER, Mr. THOMPSON of California, Mr. HILL, Ms.
MCKINNEY, Mr. DELAHUNT, Ms. HARMAN, Mr. KIND, Ms. NORTON, Ms.
VELA´ZQUEZ, and Mr. BAIRD) introduced the following bill; which was re-
ferred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to require the devel-
opment and maintenance of an inventory of sites within
former military ranges known or suspected to contain
unexploded ordnance (UXO) or other abandoned military
munitions that pose a threat to human health, human
safety, or the environment, to improve security at such
sites and public awareness of the dangers associated
with such sites, 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. SHORT TITLE.
This Act may be cited as the ‘‘Ordnance and Explo-
sives Risk Management Act’’.
SEC. 2. SINGLE POINT OF CONTACT FOR POLICY AND
BUDGETING ISSUES REGARDING FORMER
MILITARY RANGES.
Section 2701 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(k) UXO PROGRAM MANAGER.—The Secretary of
Defense shall establish a program manager for unexploded
ordnance (UXO) and other abandoned military munitions
who shall serve as the single point of contact in the De-
partment of Defense for policy and budgeting issues in-
volving the characterization, remediation, and manage-
ment of explosive and related risks at former military
ranges (as defined in section 2410 of this title) known or
suspected to contain unexploded ordnance or other aban-
doned military munitions that pose a threat to human
health or safety. The authority of the Secretary may not
be further delegated, other than to the Secretary of the
Army and the Under Secretary of the Army.’’.
and chemical weapons materiel, that pose a threat to
human health or safety.
‘‘(3) The term ‘State’ includes the District of
Columbia, the Commonwealth of Puerto Rico, and
the territories and possessions.
‘‘(4) The term ‘United States’, in a geographic
sense, includes the Commonwealth of Puerto Rico
and the territories and possessions.
‘‘(b) INVENTORY REQUIRED.—(1) The Secretary of
Defense shall develop and maintain an inventory of former
military ranges that are known or suspected to contain
abandoned military munitions.
‘‘(2) The information for each former military range
in the inventory shall include, at a minimum, the fol-
lowing:
‘‘(A) A unique identifier for the range and its
current designation as either a closed, transferred,
or transferring range.
‘‘(B) An appropriate record showing the loca-
tion, boundaries, and extent of the range, including
identification of the State and political subdivisions
of the State in which the range is located and any
Tribal lands encompassed by the range.
‘‘(C) Known persons and entities, other than a
military department, with any current ownership in-
terest or control of lands encompassed by the range.
‘‘(D) Any restrictions or other land use controls
currently in place that might affect the potential for
public and environmental exposure to abandoned
military munitions.
‘‘(c) SITE PRIORITIZATION.—(1) With respect to
each former military range included on the inventory, the
Secretary of Defense shall assign the range a relative pri-
ority for response activities based on the overall conditions
at the range. The level of response priority assigned the
range shall be included with the information required by
subsection (b)(2) to be maintained for the range.
‘‘(2) In assigning the response priority for a former
military range, the Secretary of Defense shall primarily
consider factors relating to safety and environmental haz-
ard potential, such as the following:
‘‘(A) Whether there are known, versus sus-
pected, abandoned military munitions on all or any
portion of the range and the types of munitions
present or suspected to be present.
‘‘(B) Whether public access to the range is con-
trolled, and the effectiveness of these controls.
‘‘(C) The potential for direct human contact
with abandoned military munitions at the range and
evidence of people entering the range.
‘‘(D) Whether a response action has been or is
being undertaken at the range under the Formerly
Used Defense Sites program or other programs.
‘‘(E) The planned or mandated dates for trans-
fer of the range from military control.
‘‘(F) The extent of any documented incidents
involving abandoned military munitions at or from
the range. In this subparagraph, the term ‘incidents’
means any or all of the following: explosions, discov-
eries, injuries, reports, and investigations.
‘‘(G) The potential for drinking water contami-
nation or the release of weapon components into the
air.
‘‘(H) The potential for destruction of sensitive
ecosystems and damage to natural resources.
‘‘(d) UPDATES AND AVAILABILITY.—(1) The Sec-
retary of Defense shall annually update the inventory and
site prioritization list to reflect new information that be-
comes available. The inventory shall be available in pub-
lished and electronic form.
‘‘(2) The Secretary of Defense shall work with adja-
cent communities to provide information concerning condi-
tions at the former military range and response activities,
and shall respond to inquiries. At a minimum, the Sec-
retary shall notify immediately affected individuals, appro-
priate State, local, tribal, and Federal officials, and, when
appropriate, civil defense or emergency management agen-
cies.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2710. Former military ranges: inventory of explosive risk sites; use of inven-
tory; public safety issues.’’.
(b) INITIAL INVENTORY.—The inventory required by
section 2710 of title 10, United States Code, as added by
subsection (a), shall be completed and made available not
later than 180 days after the date of the enactment of
this Act.
SEC. 4. SEPARATE DEPARTMENT OF DEFENSE ACCOUNT
FOR REMOVAL AND CLEANUP OF ABAN-
DONED MILITARY MUNITIONS.
(a) ESTABLISHMENT
AND USE.—Section 2703 of
title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
‘‘(6) An account to be known as the ‘Aban-
doned Military Munitions Account, Defense’.’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(C) in the case of the account established
under subsection (a)(6), to carry out the activities
required under section 2710 of this title and to pro-
vide for the removal of, and cleanup associated with
the presence of, abandoned military munitions at
former military ranges (as such terms are defined in
subsection (a) of such section).’’.
(b) BUDGET REQUEST.—Subsection (c) of such sec-
tion is amended by adding before the period at the end
the following: ‘‘and the amounts requested for deposit in
the account established under subsection (a)(6) for use as
provided in subsection (b)(1)(C)’’.
SEC. 5. ENHANCED SECURITY MEASURES AT FORMER MILI-
TARY RANGES AND PUBLIC AWARENESS EF-
FORTS REGARDING DANGERS ASSOCIATED
WITH SUCH RANGES.
Section 2710 of title 10, United States Code, as
added by section 3, is amended by adding at the end the
following new subsection:
‘‘(e) SITE SECURITY PLAN.—(1) Not later than 18
months after the inclusion of a former military range on
the inventory, the Secretary of Defense shall prepare a
site security plan for the range describing the measures
(such as patrols, signs and other informational materials,
maps, and fencing and other physical barriers) to be
used—
‘‘(A) to restrict public access to abandoned mili-
tary munitions at or from the range; and
‘‘(B) to inform and educate the public as to the
risks of handling abandoned military munitions and
related items.
‘‘(2) The Secretary of Defense is encouraged to co-
operate with property owners (including Federal land
management agencies), State, Federal, and tribal govern-
ments, private industry, institutions of higher education,
non-governmental organizations, and other interested per-
sons in developing the site security plan for a former mili-
tary range.
‘‘(3) The Secretary of Defense may enter into a
memorandum of agreement with a Federal agency, and
cooperative agreements with non-Federal entities referred
to in paragraph (2), to support the implementation of spe-
cific elements of the site security plan for a former mili-
tary range.’’.