Sec. 2703. CONDITIONS ON CLOSURE OF CERTAIN PORTION OF PUEBLO CHEMICAL DEPOT AND CHEMICAL AGENT-DESTRUCTION PILOT PLANT, COLORADO

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## SEC. 2703 CONDITIONS ON CLOSURE OF CERTAIN PORTION OF PUEBLO CHEMICAL DEPOT AND CHEMICAL AGENT-DESTRUCTION PILOT PLANT, COLORADO ###

(a)Definitions In this section: ####

(1)Covered portion of pueblo chemical depot defined The term “covered portion of Pueblo Chemical Depot” means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act. ####

(2)Local redevelopment authority The term “Local Redevelopment Authority” means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation. ###

(b)Submission of Closure and Disposal Plans ####

(1)Plans required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives— #####

(A)a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and #####

(B)a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot. ####

(2)Local redevelopment authority role In preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority. ###

(c)Local Redevelopment Authority Eligibility for Assistance The Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities. ###

(d)General Closure, Realignment, and Disposal Prohibition ####

(1)Prohibition; certain recipient excepted During the period specified in paragraph (2), the Secretary of the Army shall take no action— #####

(A)to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or #####

(B)to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority. ####

(2)Duration The prohibition imposed by paragraph

(1)shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b). ###

(e)Prohibition on Demolition or Disposal Related to Chemical Agent-Destruction Pilot Plant ####

(1)Prohibition; certain recipient excepted During the period specified in paragraph (4), the Secretary of the Army may not— #####

(A)demolish any building, facility, or equipment described in paragraph

(2)that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or #####

(B)dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority. ####

(2)Covered buildings, facilities, and equipment The prohibition imposed by paragraph

(1)shall apply to the following: #####

(A)Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary. #####

(B)Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public. ####

(3)Exception to prohibition The prohibition imposed by paragraph

(1)shall not apply to any building, facility, or equipment otherwise described in paragraph

(2)for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant. ####

(4)Duration of prohibition The prohibition imposed by paragraph

(1)shall apply for a period of not less than two years beginning on the date o the enactment of this Act. # TITLE XXVIII MILITARY CONSTRUCTION GENERAL PROVISIONS ## Subtitle A Military Construction Program Changes