Sec. 3017. ONGOING DECONTAMINATION

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## SEC. 3017 ONGOING DECONTAMINATION ###

(a)Program Throughout the duration of the withdrawal of lands under this subtitle, the Secretary of the military department concerned shall, to the extent funds are available for such purpose, maintain a program of decontamination of such lands consistent with applicable Federal and State law. ###

(b)Reports ####

(1)Requirement Not later than 45 days after the date on which the President transmits to Congress the President’s proposed budget for any fiscal year beginning after the date of the enactment of this Act, the Secretary of each military department shall transmit to the Committees on Appropriations, Armed Services, and Energy and Natural Resources of the Senate and the Committees on Appropriations, Armed Services, and Resources of the House of Representatives a description of the decontamination efforts undertaken on lands under this subtitle under the jurisdiction of such Secretary during the previous fiscal year and the decontamination activities proposed to be undertaken on such lands during the next fiscal year. ####

(2)Report elements Each report shall specify the following: #####

(A)Amounts appropriated and obligated or expended for decontamination of such lands. #####

(B)The methods used to decontaminate such lands. #####

(C)The amounts and types of decontaminants removed from such lands. #####

(D)The estimated types and amounts of residual contamination on such lands. #####

(E)An estimate of the costs for full decontamination of such lands and the estimate of the time to complete such decontamination. ###

(c)Decontamination Before Relinquishment ####

(1)Duties before notice of intent to relinquish Before transmitting a notice of intent to relinquish lands under section 3016(d), the Secretary of Defense, acting through the Secretary of the military department concerned, shall prepare a written determination concerning whether and to what extent such lands are contaminated with explosive, toxic, or other hazardous materials. ####

(2)Determination accompanies notice A copy of any determination prepared with respect to lands under paragraph

(1)shall be transmitted together with the notice of intent to relinquish such lands under section 3016(d). ####

(3)Publication of notice and determination The Secretary of the Interior shall publish in the Federal Register a copy of any notice of intent to relinquish and determination concerning the contaminated state of the lands that is transmitted under this subsection. ###

(d)Alternatives to Decontamination Before Relinquishment If the Secretary of the Interior, after consultation with the Secretary of the military department concerned, determines that decontamination of any land which is the subject of a notice of intent to relinquish under section 3016(d) is not practicable or economically feasible, or that such land cannot be decontaminated sufficiently to be opened to the operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept such land for relinquishment. ###

(e)Status of Contaminated Lands If because of their contaminated state the Secretary of the Interior declines to accept jurisdiction over lands withdrawn by this subtitle which have been proposed for relinquishment, or if at the expiration of the withdrawal of such lands by this subtitle the Secretary of the Interior determines that some of such lands are contaminated to an extent which prevents opening such lands to operation of the public land laws— ####

(1)the Secretary of the military department concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; ####

(2)after the expiration of the withdrawal of such lands under this subtitle, the Secretary of the military department concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and ####

(3)the Secretary of the military department concerned shall submit to the Secretary of the Interior and Congress a report on the status of such lands and all actions taken under this subsection. ###

(f)Revocation Authority ####

(1)Authority Notwithstanding any other provision of law, the Secretary of the Interior, upon deciding that it is in the public interest to accept jurisdiction over lands proposed for relinquishment under section 3016(d), may revoke the withdrawal and reservation of lands under this subtitle as it applies to such lands. ####

(2)Order Should a decision be made to revoke the withdrawal and reservation of lands under paragraph (1), the Secretary of the Interior shall publish in the Federal Register an appropriate order which shall— #####

(A)terminate the withdrawal and reservation of such lands under this subtitle; #####

(B)constitute official acceptance of full jurisdiction over such lands by the Secretary of the Interior; and #####

(C)state the date on which such lands will be opened to the operation of some or all of the public lands laws, including the mining laws.