PRIA, Government Policy, Made Personal

Summary

The Secretary can pay for and carry out cleanup or other response work on a beach when two things are true: the Secretary had put sand on the beach as part of a civil works project, and that project led to military munitions from Department of Defense activities being left on the beach and creating a danger to people or the environment. The cost of that work must be paid back from money available to the Defense Department agency that caused the original release.

Title 33, §426e–2

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)The Secretary may, at full Federal expense, implement any response action the Secretary determines to be necessary at a site where—

(1)the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and

(2)as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.

(b)A response action described in subsection (a) shall be reimbursed from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–322, § 1154(1), inserted “, at full Federal expense,” after “The Secretary may” in introductory provisions. Subsec. (b). Pub. L. 114–322, § 1154(2), substituted “reimbursed” for “funded”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.

§426e–2 Clarification of Munition Disposal Authorities