National Defense Authorization Act for Fiscal Year 2010/Division A/Title III/Subtitle B

SUBTITLE B — ENVIRONMENTAL PROVISIONS

Sec. 311. Clarification of requirement for use of available funds for Department of Defense participation in conservation banking programs.

Section 2694c of title 10, United States Code, is amended—

(1) in subsection (a), by striking "to carry out this section";

(2) by redesignating subsection (d) as subsection (e); and

(3) by inserting after subsection (c) the following new subsection (d):

"(d) Source of Funds.—Amounts available from any of the following shall be available for activities under this section:

"(1) Operation and maintenance.

"(2) Military construction.

"(3) Research, development, test, and evaluation.

"(4) The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Act for Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).".

Sec. 312. Reauthorization of title I of Sikes Act.

(a) Reauthorization.—Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking "fiscal years 2004 through 2008" each place it appears and inserting "fiscal years 2009 through 2014".

(b) Clarification of Authorizations.—Such section is further amended—

(1) in subsection (b), by striking "There are authorized" and inserting "Of the amounts authorized to be appropriated to the Department of Defense, there are authorized"; and

(2) in subsection (c), by striking "There are authorized" and inserting "Of the amounts authorized to be appropriated to the Department of the Interior, there are authorized".

Sec. 313. Authority of Secretary of a military department to enter into interagency agreements for land management on Department of Defense installations.

(a) Authority.—Section 103a of the Sikes Act (16 U.S.C. 670c-1) is amended—

(1) in subsection (a)—

(A) by inserting after "and individuals" the following: ", and into interagency agreements with the heads of other Federal departments and agencies,"; and

(B) in paragraph (2), by inserting "or interagency agreement" after "cooperative agreement";

(2) in subsection (b), by inserting "or interagency agreement" after "cooperative agreement"; and

(3) in subsection (c), by inserting "and interagency agreements" after "Cooperative agreements".

(b) Clerical Amendments.—The heading for such section is amended by inserting "and interagency" after "cooperative".

Sec. 314. Reauthorization of pilot program for invasive species management for military installations in Guam.

Section 101 (g)(1) of the Sikes Act (16 U.S.C. 670a (g)(1)) is amended by striking "fiscal years 2004 through 2008" and inserting "fiscal years 2009 through 2014".

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

(a) Authority to Reimburse.—

(1) Transfer amount.—Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $68,623 during fiscal year 2010 to the Former Nansemond Ordnance Depot Site Special Account, within the Hazardous Substance Superfund.

(2) Purpose of reimbursement.—The payment under paragraph (1) is final payment to reimburse the Environmental Protection Agency for all costs incurred in overseeing a time critical removal action performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

(3) Interagency agreement.—The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Former Nansemond Ordnance Depot Site in December 1999.

(b) Source of Funds.—Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301 (18) of this Act 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 Former Nansemond Ordnance Depot Site.

Sec. 316. Procurement and use of munitions.

The Secretary of Defense shall—

(1) in making decisions with respect to the procurement of munitions, develop methods to account for the full life-cycle costs of munitions, including the effects of failure rates on the cost of disposal;

(2) undertake a review of live-fire practices for the purpose of reducing unexploded ordnance and munitions-constituent contamination without impeding military readiness; and

(3) not later than 180 days after the date of the enactment of this Act, submit to Congress a report on the methods developed pursuant to this section and the progress of the live-fire review and recommendations for reducing the life-cycle costs of munitions, unexploded ordnance, and munitions-constituent contamination.

Sec. 317. Prohibition on disposing of waste in open-air burn pits.

(a) Regulations.—

(1) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations prohibiting the disposal of covered waste in open-air burn pits during contingency operations except in circumstances in which the Secretary determines that no alternative disposal method is feasible. Such regulations shall apply to contingency operations that are ongoing as of the date of the enactment of this Act, including Operation Iraqi Freedom and Operation Enduring Freedom, and to contingency operations that begin after the date of the enactment of this Act.

(2) Notification.—In determining that no alternative disposal method is feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the Secretary shall—

(A) not later than 30 days after such determination is made, submit to the Committees on Armed Services of the Senate and House of Representatives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and

(B) after notice is given under subparagraph (A), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Representatives the justifications of the Secretary for continuing to operate such open-air burn pit.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the use of open-air burn pits by the United States Armed Forces. Such report shall include—

(1) an explanation of the situations and circumstances under which open-air burn pits are used to dispose of waste during military exercises and operations worldwide;

(2) a detailed description of the types of waste authorized to be burned in open-air burn pits;

(3) a plan through which the Secretary intends to develop and implement alternatives to the use of open-air burn pits;

(4) a copy of the regulations required to be prescribed by subsection (a);

(5) the health and environmental compliance standards the Secretary has established for military and contractor operations in Iraq and Afghanistan with regard to solid waste disposal, including an assessment of whether those standards are being met;

(6) a description of the environmental, health, and operational impacts of open-pit burning of plastics and the feasibility of including plastics in the regulations prescribed pursuant to subsection (a); and

(7) an assessment of the ability of existing medical surveillance programs to identify and track exposures to toxic substances that result from open-air burn pits, including recommendations for such changes to such programs as would be required to more accurately identify and track such exposures.

(c) Definitions.—In this section:

(1) The term "contingency operation" has the meaning given that term by section 101 (a)(13) of title 10, United States Code.

(2) The term "covered waste" includes—

(A) hazardous waste, as defined by section 1004 (5) of the Solid Waste Disposal Act (42 U.S.C. 6903 (5));

(B) medical waste; and

(C) other waste as designated by the Secretary.

Sec. 318. Military munitions response sites.

(a) Information Sharing.—Section 2710 (a)(2)(B) of title 10, United States Code, is amended by inserting ", including the county, where applicable," after "political subdivisions of the State".

(b) Military Munitions Response Program and Installation Restoration Program.—As part of the annual budget submission of the Secretary of Defense to Congress, the Secretary shall include the funding levels requested for the Military Munitions Response Program and the Installation Restoration Program.