Title 10, Armed ForcesRelease 119-110
§2694d Participation in Pollutant Banks and Water Quality Trading
Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 159 — REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY › § 2694d
Summary
Secretaries of the military and the Secretary of Defense for Defense Agency matters may pay into pollutant banks or water-quality trading programs approved under EPA’s Jan. 13, 2003 trading policy or later guidance when an authorized activity may release pollutants. Payments may count as eligible military construction costs. Discharge of pollutants — meaning in 33 U.S.C. 1362(12).
Full Legal Text
Title 10, §2694d
Armed Forces, Source: USLM XML via OLRC
(a)Authority to Participate.—
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)Treatment of Payments.—
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)Discharge of Pollutants Defined.—
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
Sep 22, 2026
Release point: 119-110