§2694 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can create a program to plan and run conservation and cultural work across the Department of Defense. The program covers activities that matter across regions or the whole Department, involve more than one military service or a sentinel landscape, are needed for legal reasons or to support military missions or base resilience, can be handled better at the DoD level, and have not been assigned to another executive agency. Examples include making large-area land or nature-based climate plans, doing wildlife studies for safe operations, returning Native American remains and cultural items to tribes, fighting invasive species, setting up regional artifact curation, and carrying out ecosystem plans that link multiple installations or fall inside a sentinel landscape. The Secretary may make agreements with public or private partners to do the work. Nothing in this program overrides other federal, state, or local laws. The term “sentinel landscape” is defined in section 2693(g).

Title 10, §2694

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may establish and carry out a program to conduct and manage in a coordinated manner the conservation and cultural activities described in subsection (b).

(b)(1)A conservation or cultural activity eligible for the program that the Secretary establishes under subsection (a) is any activity—

(A)that has regional or Department of Defense-wide significance and that involves more than one military department or involves a sentinel landscape;

(B)that is necessary to meet legal requirements or to support military operations or that would contribute to maintaining or improving military installation resilience;

(C)that can be more effectively managed at the Department of Defense level; and

(D)for which no executive agency has been designated responsible by the Secretary.

(2)Such activities include the following:

(A)The development of ecosystem-wide land management plans or nature-based climate resilience plans.

(B)The conduct of wildlife studies to ensure the safety and sustainability of military operations.

(C)The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the jurisdiction of the Department, to the appropriate Native American tribes.

(D)The control of invasive species that may hinder military activities or degrade military training ranges.

(E)The establishment of a regional curation system for artifacts found on military installations.

(F)The implementation of ecosystem-wide land management plans—

(i)for a single ecosystem—

(I)that encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and

(II)providing synergistic benefits unavailable if the installations acted separately; or

(ii)for one or more ecosystems within a sentinel landscape.

(c)The Secretary may negotiate and enter into cooperative agreements with public and private agencies, organizations, institutions, individuals, or other entities to carry out the program established under subsection (a).

(d)Nothing in this section shall be construed or interpreted as preempting any otherwise applicable Federal, State, or local law or regulation relating to the management of natural and cultural resources on military installations.

(e)In this section, the term “sentinel landscape” has the meaning given that term in section 2693(g) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (e). Pub. L. 118–31 substituted “meaning given that term in section 2693(g) of this title” for “meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note)”. 2021—Subsec. (b)(1)(A). Pub. L. 117–81, § 317(c)(1)(A)(i), inserted “or involves a sentinel landscape” before semicolon at end. Subsec. (b)(1)(B). Pub. L. 117–81, § 317(c)(1)(A)(ii), inserted “or that would contribute to maintaining or improving military installation resilience” before semicolon at end. Subsec. (b)(2)(A). Pub. L. 117–81, § 317(c)(1)(B)(i), inserted “or nature-based climate resilience plans” before period at end. Subsec. (b)(2)(F)(i). Pub. L. 117–81, § 317(c)(1)(B)(ii)(I), inserted a dash after “single ecosystem”, designated remaining existing provisions as subcl. (I), redesignated provisions of existing cl. (ii) as subcl. (II) of cl. (i), and realigned margins. Subsec. (b)(2)(F)(ii). Pub. L. 117–81, § 317(c)(1)(B)(ii)(II), added cl. (ii). Former cl. (ii) redesignated cl. (i)(II). Subsec. (e). Pub. L. 117–81, § 317(c)(2), added subsec. (e). 2011—Subsec. (b)(2)(B). Pub. L. 112–81, § 2814(1), inserted “and sustainability” after “safety”. Subsec. (b)(2)(F). Pub. L. 112–81, § 2814(2), added subpar. (F). 1997—Subsec. (b)(1)(D). Pub. L. 105–85 substituted “executive agency” for “executive ageny”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–201, div. A, title III, § 332(b), Sept. 23, 1996, 110 Stat. 2485, provided that: “Section 2694 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1996.”

§2694 Conservation and cultural activities