§2707 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense or a military department secretary can carry out an environmental restoration project when they decide it is needed to respond under this chapter or CERCLA. Any building work or equipment in such a project is not treated as military construction under section 2801(a). Money for these projects must come only from the account set up by section 2703(a). An environmental restoration project means building, changing, extending, or installing equipment that directly supports a response.

Title 10, §2707

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense or the Secretary of a military department may carry out an environmental restoration project if that Secretary determines that the project is necessary to carry out a response under this chapter or CERCLA.

(b)Any construction, development, conversion, or extension of a structure, and any installation of equipment, that is included in an environmental restoration project under this section may not be considered military construction (as that term is defined in section 2801(a) of this title).

(c)Funds authorized for deposit in an account established by section 2703(a) of this title shall be the only source of funds to conduct an environmental restoration project under this section.

(d)In this section, the term “environmental restoration project” includes any construction, development, conversion, or extension of a structure, or installation of equipment, in direct support of a response.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2707 was renumbered section 2700 of this title.

Amendments

2023—Subsec. (e). Pub. L. 118–31 struck out subsec. (e). Text read as follows: “(1) Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, the Secretary concerned may use funds described in subsection (c) to carry out an environmental restoration project at a facility where military activities are conducted by the National Guard of a State under title 32 in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA. “(2) The Secretary concerned may use the authority under section 2701(d) of this title to carry out environmental restoration projects under paragraph (1).” 2021—Subsec. (e). Pub. L. 116–283 designated existing provisions as par. (1), inserted “where military activities are conducted by the National Guard of a State under title 32” after “facility”, and added par. (2). 2019—Subsec. (e). Pub. L. 116–92 added subsec. (e).

Statutory Notes and Related Subsidiaries

Savings ClauseNothing in amendment by section 316 of Pub. L. 116–92 to affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), see section 316(d) of Pub. L. 116–92, set out as a note under section 2700 of this title.

§2707 Environmental restoration projects for environmental responses