Sec. 322. AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA

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## SEC. 322 AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA ###

(a)Findings Congress makes the following findings with respect to the authorization of payment of settlement with Canada in subsection

(b)regarding environmental cleanup at formerly used defense sites in Canada: ####

(1)A unique and longstanding national security alliance exists between the United States and Canada. ####

(2)The sites covered by the settlement were formerly used by the United States and Canada for their mutual defense. ####

(3)There is no formal treaty or international agreement between the United States and Canada regarding the environmental cleanup of the sites. ####

(4)Environmental contamination at some of the sites could pose a substantial risk to the health and safety of the United States citizens residing in States near the border between the United States and Canada. ####

(5)The United States and Canada reached a negotiated agreement for an ex-gratia reimbursement of Canada in full satisfaction of claims of Canada relating to environmental contamination which agreement was embodied in an exchange of Notes between the Government of the United States and the Government of Canada. ####

(6)There is a unique factual basis for authorizing a reimbursement of Canada for environmental cleanup at sites in Canada after the United States departure from such sites. ####

(7)The basis for and authorization of such reimbursement does not extend to similar claims by other nations. ####

(8)The Government of Canada is committed to spending the entire $100,000,000 of the reimbursement authorized in subsection

(b)in the United States, which will benefit United States industry and United States workers. ###

(b)Authority To Make Payments ####

(1)Subject to subsection (c), the Secretary of Defense may, using funds specified under subsection (d), make a payment described in paragraph

(2)for each fiscal year through fiscal year 2008 for purposes of the ex-gratia reimbursement of Canada in full satisfaction of any and all claims asserted against the United States by Canada for environmental cleanup of sites in Canada that were formerly used for the mutual defense of the United States and Canada. ####

(2)A payment referred to in paragraph

(1)is a payment of $10,000,000, in constant fiscal year 1996 dollars, into the Foreign Military Sales Trust Account for purposes of Canada. ###

(c)Condition on Authority for Subsequent Fiscal Years A payment may be made under subsection

(b)for a fiscal year after fiscal year 1999 only if the Secretary of Defense submits to Congress with the budget for such fiscal year under section 1105 of title 31, United States Code, evidence that the cumulative amount expended by the Government of Canada for environmental cleanup activities in Canada during any fiscal years before such fiscal year in which a payment under that subsection was authorized was an amount equal to or greater than the aggregate amount of the payments under that subsection during such fiscal years. ###

(d)Source of Funds ####

(1)The payment under subsection

(b)for fiscal year 1998 shall be made from amounts appropriated pursuant to section 301(5) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1669). ####

(2)The payment under subsection

(b)for fiscal year 1999 shall be made from amounts appropriated pursuant to section 301(5). ####

(3)For a fiscal year after fiscal year 1999, a payment may be made under subsection

(b)from amounts appropriated pursuant to the authorization of appropriations for the Department of Defense for such fiscal year for Operation and Maintenance, Defense-Wide. * * * * * * *

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Pub. L. 105-85
111 Stat. 1669

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Sec. 322

AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA

Pub. L.Pub. L. 105-85

Stat.111 Stat. 1669

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