February 10, 2003

The Honorable Donald H. Rumsfeld
Secretary
Department of Defense
The Pentagon
Washington, D.C. 20301

Dear Secretary Rumsfeld:

We are writing to request information about the number, scope, and status of operational military ranges in the United States. The term "operational range" appears in the amendments to both the Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERCLA) that the Department of Defense (DOD) has submitted to Congress in the past two years and reportedly intends to do so again this year.

Under the rules of the House of Representatives, jurisdiction over RCRA lies exclusively in the Committee on Energy and Commerce and the Committee has primary jurisdiction over CERCLA.

Please identify all of the "operational ranges" for each military service that are covered by these amendments and list the facility where the range is located and the size in acres of each such "operational range." Further, since the DOD interpretation of the term "operational range" appears to include both active and inactive ranges, please specify the year each "operational range" was last used for training activities. In addition, for each "operational range" indicate whether there are buffer zones or maneuver areas that fall within the DOD's delineation of the "operational range" and indicate at which ranges the public has had or may have access to such buffer zones or maneuver areas for the purpose of hunting, fishing, camping, or other recreational activities.

Finally, please identify each "operational range" covered by the amendments that is located on land not owned by the Federal Government. In each such case, please indicate whether the owner of the land is a state government, local government, private entity, or other entity. In each such case, please indicate the circumstances in which it would fall under the "jurisdiction, custody or control" of the DOD.

We request complete information in response to our inquiry no later than Friday, February 20, 2004.

Sincerely,

cc:    The Honorable W. J. "Billy" Tauzin, Chairman
        Committee on Energy and Commerce

        The Honorable Paul E. Gillmor, Chairman
        Subcommittee on Environment and Hazardous Materials