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SECTION 1. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA ON ISLAND
OF CULEBRA.

(a) Findings.--Congress makes the following findings:
(1) Culebra Island, Puerto Rico, is located approximately
17 miles from the east coast of Puerto Rico's main island, and
the Navy conducted ship-to-shore bombing exercises and other
live-fire training activities for over 70 years in unpopulated
areas of Culebra and its surrounding waters.
(2) In 1975, Congress required the Navy to close its
operations on Culebra in response to long-standing concerns
among the residents about safety, health, and environmental
risks. The Navy moved its operations to nearby training
facilities on Vieques Island, which were closed in 2003 due to
similar concerns.
(3) Although the Navy's facilities on Culebra closed in
1975, the Department of Defense did not begin to address the
cleanup of these areas until Congress enacted specific
authorities for the cleanup of former United States military
sites in section 211 of the Superfund Amendments and
Reauthorization Act of 1986 (Public Law 99-499). With these
authorities, the Army Corps of Engineers added Culebra to the
Formerly Used Defense Sites Program in 1991, and for several
years thereafter, performed relatively limited cleanup of
unexploded ordnance from the surface.
(4) In 2003, the Governor of Puerto Rico, Sila M. Calderon,
requested that the Environmental Protection Agency add both
Culebra and Vieques to the National Priorities List of the most
hazardous sites. In 2005, the Environmental Protection Agency
added Vieques to the National Priorities List, but delayed its
listing decision for Culebra. Instead, Puerto Rico and the Army
Corps of Engineers decided to address the cleanup of Culebra
under a separate agreement, under which the Army Corps of
Engineers has begun to plan a more comprehensive removal of
unexploded ordnance on Culebra.
(5) The Army Corps of Engineers had spent $11,100,000 as of
the end of fiscal year 2007 on the cleanup of Culebra and
estimated that another $92,600,000 would be needed to complete
planned cleanup actions. These amounts pale in comparison to
the $77,600,000 the Navy has already spent, and the
$253,100,000 the Navy plans to spend in the future, to complete
the cleanup of Vieques.
(6) The more limited scope of the cleanup on Culebra has
become a rising issue. The greater funding for Vieques is not
based on differing conditions on the islands. Both were used
for the same types of training exercises for several decades
and are likely to contain similar hazards.
(7) Instead, the discrepancy is primarily attributable to
the fact that certain of the most potentially hazardous areas
on Culebra, including the Northwest Peninsula and Flamenco
Beach, have been excluded from Federal cleanup plans because
the Corps of Engineers maintains that a 1974 Federal law
prohibits the Army Corps of Engineers from conducting cleanup
in those areas.
(8) Section 204(c) of the Military Construction
Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668)
prohibited land uses in the ''present'' (at the time of
enactment) bombardment zone on Culebra that would require
cleanup at the expense of the Federal Government.
(9) Puerto Rico asserts that specific authorities for the
cleanup of former United States military sites enacted later by
Congress in Public Law 99-499 superseded this prohibition.
Despite these later authorities, the Army Corps of Engineers
maintains that the prohibition still stands to exclude certain
areas of Culebra from Federal cleanup funds that otherwise are
available to all other former United States military sites in
the 50 States and United States territories.
(10) Based on its interpretation, the Army Corps of
Engineers has not included the Northwest Peninsula and Flamenco
Beach in the scope of its cleanup plan for Culebra. Because the
Northwest Peninsula and Flamenco Beach likely contain the
greatest amounts of unexploded ordnance on Culebra, public
concern has grown about the exclusion of these areas from the
cleanup effort.
(11) Section 2872 of H.R. 5658 of the 110th Congress, as
passed by the House of Representatives, would have repealed the
prohibition in the 1974 statute, allowing the Army Corps of
Engineers to expend funds to address potential human health,
safety, and environmental risks in the Northwest Peninsula and
Flamenco Beach.
(b) Repeal.--Section 204 of the Military Construction Authorization
Act, 1974 (Public Law 93-166; 87 Stat. 668) is amended by striking
subsection (c).
Amends the Military Construction Act, 1974 to repeal the prohibition against use of the former bombardment area on the island of Culebra (Puerto Rico) for any purpose that would require decontamination of the area at U.S. expense.