Letter to John McCain and Jack Reed, Respectively Chairman and Ranking Member of the Senate Armed Services Committee; Mac Thornberry and Adam Smith, Respectively Chairman and Ranking Member of the House Armed Services Committee - Gardner, Bennet, Perlmutter Advocate for Amendment to Help Commerce City
Letter
Dear Chairmen McCain and Thornberry and Ranking Members Reed and Smith:
As you prepare for conference negotiations on the FY2017 National Defense Authorization Act, we urge you to include Section 2839 of House-passed H.R. 4909 in the final conference report.
This provision would amend the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 (Refuge Act) to allow for the removal of deed restrictions on land Commerce City, Colorado purchased. This will only occur if an environmental risk assessment under the Comprehensive Environmental Response, Compensation, and Liability Act finds that it is safe to do so. Although the property was cleaned up under the Refuge Act, the law included perpetual deed restrictions prohibiting the land's use for residential or industrial uses, which regulators cannot remove until Congress amends the law.
The land was part of a U.S. Army chemical weapons manufacturing facility during World War II, which subsequently became a Superfund site. After cleanup, part of the site became the Rocky Mountain Arsenal National Wildlife Refuge, and Commerce City purchased other excess land at fair market value. The City has been working for several years with the U.S. Environmental Protection Agency, the Colorado Department of Public Health and Environment, and the Tri-County Health Department to prove the property's safety. The deed restrictions, however, cannot be completely removed without Congressional action. Section 2839 of H.R. 4909 creates a process for Commerce City to work with these state and federal regulators to evaluate the property. If proven safe, the deed restrictions could be modified or lifted allowing Commerce City the option to use the lands for residential or industrial purposes.
We appreciate your consideration of this provision in the final conference report. Please contact our offices if we can be of any assistance.
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