Title 10 — Armed ForcesRelease 119-73

§2694d Participation in pollutant banks and water quality trading

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 159— - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY › § 2694d

Last updated Apr 6, 2026|Official source

Summary

Allows the Secretary of a military department, and the Secretary of Defense for Defense Agencies, to pay into pollutant banking or water-quality trading programs that are approved under the EPA’s Water Quality Trading Policy dated January 13, 2003, or any later guidance, when carrying out an authorized activity that may or will discharge pollutants. Those payments may be counted as eligible military construction project costs. "Discharge of pollutants" has the meaning given in the Clean Water Act, section 502(12) (33 U.S.C. 1362(12)).

Full Legal Text

Title 10, §2694d

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.

(b)Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.

(c)In this section, the term “discharge of pollutants” has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the “Clean Water Act”).

Reference

Citations & Metadata

Citation

10 U.S.C. § 2694d

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73