§2713 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense may create a program to fix environmental harm from past Department of Defense actions on Indian lands and on other places where the Department, a tribe, and the landowner agree. The program can find and document problems, make cleanup plans with cost estimates and priorities, do needed cleanup work (including removing unsafe buildings the Department used), and give training and help so tribes can join in. It must also make and carry out a policy for consulting tribes and train Defense staff to follow that policy. The Secretary may make cooperative agreements with tribes or tribal governments. Those agreements can be used to get property or services for the U.S. government. If the agreement buys services that can be split into parts, it can span fiscal years only if it lasts no more than five calendar years. “Indian land” means tribal reservations, allotted Indian land, Alaska Native corporation lands, and lands or waters where tribes have reserved rights. “Indian tribe” means any Native American group the U.S. recognizes for federal Indian programs, including Alaska Native villages and corporations under the Alaska Native Claims Settlement Act. Nothing in the program lets anyone enter land without the landowner’s permission.

Title 10, §2713

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of actions by the Department of Defense on Indian lands and on other locations where the Department, an Indian tribe, and the current land owner agree that such mitigation is appropriate.

(b)The activities that may be carried out under the program established under subsection (a) are the following:

(1)Identification, investigation, and documentation of suspected environmental effects attributable to past actions by the Department of Defense.

(2)Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.

(3)Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department.

(4)Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.

(5)Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.

(6)Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department, including training personnel of the Department to ensure compliance with the policy.

(c)(1)In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.

(2)Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.

(3)A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if the total period of performance does not exceed five calendar years.

(d)In this section:

(1)The term “Indian land” includes—

(A)any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;

(B)any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation;

(C)Alaska Native village and regional corporation lands; and

(D)lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, Act of Congress, or action by the President.

(2)The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(e)Nothing in this section shall be interpreted to require, compel, or otherwise authorize access to any lands without the landowner’s consent.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in subsec. (d)(2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 43 and Tables.

Amendments

2024—Subsec. (c)(3). Pub. L. 118–159 substituted “five calendar years” for “two calendar years”.

§2713 Native American lands environmental mitigation program