US Public law - Research on effects of Ocean Disposal of Munitions
- 1. PUBLIC LAW 109364OCT. 17, 2006 120 STAT. 2139 in the update any adjustment to the remediation goals established under subsection (a) that the Secretary determines necessary to respond to unforeseen circumstances. (c) REPORT ON REUSE STANDARDS AND PRINCIPLES.Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the efforts of the Department of Defense to achieve agreement with relevant regulatory agencies on appropriate reuse standards or principles, including (1) a description of any standards or principles that have been agreed upon; and (2) a discussion of any issues that remain in disagreement, including the impact that any such disagreement is likely to have on the ability of the Department of Defense to carry out the response plan required by subsection (b). (d) DEFINITIONS.In this section: (1) The terms unexploded ordnance and operational range have the meanings given such terms in section 101(e) of title 10, United States Code. (2) The terms discarded military munitions, munitions constituents, and defense site have the meanings given such terms in section 2710(e) of such title. (e) CONFORMING REPEAL.Section 313 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107107; 115 Stat. 1051; 10 U.S.C. 2706 note) is repealed. SEC. 314. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF MUNITIONS. (a) IDENTIFICATION OF DISPOSAL SITES. (1) HISTORICAL REVIEW.The Secretary of Defense shall conduct a historical review of available records to determine the number, size, and probable locations of sites where the Armed Forces disposed of military munitions in coastal waters. The historical review shall, to the extent possible, identify the types of munitions at individual sites. (2) COOPERATION.The Secretary shall request the assistance of the Coast Guard, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies in conducting the review required by this subsection. (3) INTERIM REPORTS.The Secretary shall periodically, but no less often than annually, release any new information obtained during the historical review conducted under paragraph (1). The Secretary may withhold from public release the exact nature and locations of munitions the potential unauthorized retrieval of which could pose a significant threat to the national defense or public safety. (4) INCLUSION OF INFORMATION IN ANNUAL REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.The Secretary shall include the information obtained pursuant to the review conducted under paragraph (1) in the annual report on environmental restoration activities submitted to Congress under section 2706 of title 10, United States Code. (5) FINAL REPORT.The Secretary shall complete the historical review required under paragraph (1) and submit a final report on the findings of such review in the annual report on environmental restoration activities submitted to Congress for fiscal year 2009. (b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY HAZARDS. VerDate 14-DEC-2004 14:10 Nov 15, 2006 Jkt 059139 PO 00364 Frm 00057 Fmt 6580 Sfmt 6581 E:PUBLAWPUBL364.109 10 USC 2710 note. APPS06 PsN: PUBL364
- 2. 120 STAT. 2140 Reports. VerDate 14-DEC-2004 14:10 Nov 15, 2006 PUBLIC LAW 109364OCT. 17, 2006 (1) IDENTIFICATION OF HAZARDS.The Secretary of Defense shall provide available information to the Secretary of Commerce to assist the National Oceanic and Atmospheric Administration in preparing nautical charts and other navigational materials for coastal waters that identify known or potential hazards posed by disposed military munitions to private activities, including commercial shipping and fishing operations. (2) CONTINUATION OF INFORMATION ACTIVITIES.The Secretary of Defense shall continue activities to inform potentially affected users of the ocean environment, particularly fishing operations, of the possible hazards from contact with disposed military munitions and the proper methods to mitigate such hazards. (c) RESEARCH. (1) IN GENERAL.The Secretary of Defense shall continue to conduct research on the effects on the ocean environment and those who use it of military munitions disposed of in coastal waters. (2) SCOPE.Research under paragraph (1) shall include (A) the sampling and analysis of ocean waters and sea beds at or adjacent to military munitions disposal sites selected pursuant to paragraph (3) to determine whether the disposed military munitions have caused or are causing contamination of such waters or sea beds; (B) investigation into the long-term effects of seawater exposure on disposed military munitions, particularly effects on chemical munitions; (C) investigation into the impacts any such contamination may have on the ocean environment and those who use it, including public health risks; (D) investigation into the feasibility of removing or otherwise remediating the military munitions; and (E) the development of effective safety measures for dealing with such military munitions. (3) RESEARCH CRITERIA.In conducting the research required by this subsection, the Secretary shall ensure that the sampling, analysis, and investigations are conducted at representative sites, taking into account factors such as depth, water temperature, nature of the military munitions present, and relative proximity to onshore populations. In conducting such research, the Secretary shall select at least two representative sites each in the areas of the Atlantic coast, the Pacific coast (including Alaska), and the Hawaiian Islands. (4) AUTHORITY TO MAKE GRANTS AND ENTER INTO COOPERATIVE AGREEMENTS.In conducting research under this subsection, the Secretary may make grants to, and enter into cooperative agreements with, qualified research entities. (d) MONITORING.If the historical review required by subsection (a) or the research required by subsection (c) indicates that contamination is being released into the ocean waters from disposed military munitions at a particular site or that the site poses a significant public health or safety risk, the Secretary of Defense shall institute appropriate monitoring mechanisms at that site and report to the congressional defense committees on any additional measures that may be necessary to address the release or risk, as applicable. (e) DEFINITIONS.In this section: Jkt 059139 PO 00364 Frm 00058 Fmt 6580 Sfmt 6581 E:PUBLAWPUBL364.109 APPS06 PsN: PUBL364
- 3. PUBLIC LAW 109364OCT. 17, 2006 120 STAT. 2141 (1) The term coastal waters means that part of the ocean extending from the coast line of the United States to the outer boundary of the outer Continental Shelf. (2) The term coast line has the meaning given that term in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)). (3) The term military munitions has the meaning given that term in section 101(e) of title 10, United States Code. (4) The term outer Continental Shelf has the meaning given that term in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)). SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON. (a) AUTHORITY TO REIMBURSE. (1) TRANSFER AMOUNT.Using funds described in subsection (b), the Secretary of Defense may transfer not more than $111,114.03 to the Moses Lake Wellfield Superfund Site 106J Special Account. (2) PURPOSE OF REIMBURSEMENT.The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington. (3) INTERAGENCY AGREEMENT.The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999. (b) SOURCE OF FUNDS.Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites. (c) USE OF FUNDS.The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site. SEC. 316. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED AT SEQUOYAH FUELS CORPORATION, GORE, OKLAHOMA. (a) TRANSPORT AND DISPOSAL.Subject to subsection (c), the Secretary of the Army shall transport to an authorized disposal facility for appropriate disposal all of the Government-furnished uranium in the chemical and physical form in which it is stored at the Sequoyah Fuels Corporation site in Gore, Oklahoma. (b) SOURCE OF FUNDS.Funds authorized to be appropriated pursuant to section 301(1) for operation and maintenance for the Army may be used for the transport and disposal required under subsection (a). (c) LIABILITY.The Secretary may only transport uranium under subsection (a) after receiving from Sequoyah Fuels Corporation a written agreement satisfactory to the Secretary that provides that VerDate 14-DEC-2004 14:10 Nov 15, 2006 Jkt 059139 PO 00364 Frm 00059 Fmt 6580 Sfmt 6581 E:PUBLAWPUBL364.109 APPS06 PsN: PUBL364