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10 U.S.C. § 2701 — Environmental restoration program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Restoration Program.—**
(1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”.
(2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)).
(3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency.
(4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program.
**(b) Program Goals.—** Goals of the program shall include the following:
(1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant.
(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.
(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
**(c) Responsibility for Response Actions.—**
(1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CER
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Source location: Title 10, Chapter 160, § 2701; chapter-160-environmental-restoration.md
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**(a) Environmental Restoration Program.—**
(1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”.
(2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)).
(3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency.
(4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program.
**(b) Program Goals.—** Goals of the program shall include the following:
(1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant.
(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.
(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
**(c) Responsibility for Response Actions.—**
(1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CERCLA) all response actions with respect to releases of hazardous substances or pollutants or contaminants from each of the following:
(A) Each facility or site owned by, leased to, or otherwise possessed by the United States and under the jurisdiction of the Secretary.
(B) Each facility or site which was under the jurisdiction of the Secretary and owned by, leased to, or otherwise possessed by the United States at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.
(C) Each vessel owned or operated by the Department of Defense.
(D) Each National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.
(2) **Other responsible parties.—** — Paragraph (1) shall not apply to a removal or remedial action if the Administrator has provided for response action by a potentially responsible person in accordance with section 122 (relating to settlements) of CERCLA ([42 U.S.C. 9622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim)).
(3) **State fees and charges.—** — The Secretary shall pay fees and charges imposed by State authorities for permit services for the disposal of hazardous substances or pollutants or contaminants on lands which are under the jurisdiction of the Secretary to the same extent that nongovernmental entities are required to pay fees and charges imposed by State authorities for permit services. The preceding sentence shall not apply with respect to a payment that is the responsibility of a lessee, contractor, or other private person.
**(d) Services of Other Entities.—**
(1) **In general.—** — Subject to paragraph (3), the Secretary may enter into agreements on a reimbursable or other basis with any other Federal agency, any State or local government agency, any Indian tribe, any owner of covenant property, or any nonprofit conservation organization to obtain the services of the agency, Indian tribe, owner, or organization to assist the Secretary in carrying out any of the Secretary’s responsibilities under this section. Services which may be obtained under this subsection include the identification, investigation, and cleanup of any off-site contamination resulting from the release of a hazardous substance or waste at a facility under the Secretary’s jurisdiction or at a National Guard facility.
(2) **Cross-fiscal year agreements.—** — An agreement with an agency under paragraph (1) may be for a period that begins in one fiscal year and ends in another fiscal year so long as the period of the agreement does not exceed two years. This two-year limitation does not apply to an agreement funded using amounts in the Department of Defense Base Closure Account established by section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; [10 U.S.C. 2687](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) note).
(3) **Limitation on reimbursable agreements.—** — An agreement with an agency under paragraph (1) may not provide for reimbursement of the agency for regulatory enforcement activities. An agreement under such paragraph with respect to a site also may not change the cleanup standards selected for the site pursuant to law.
(4) **Definitions.—** — In this subsection:
(A) The term “Indian tribe” has the meaning given such term in section 101(36) of CERCLA ([42 U.S.C. 9601(36)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601/36&num=0&edition=prelim)).
(B) The term “nonprofit conservation organization” means any non-governmental nonprofit organization whose primary purpose is conservation of open space or natural resources.
(C) The term “owner of covenant property” means an owner of property subject to a covenant provided by the United States in accordance with the requirements of paragraphs (3) and (4) of section 120(h) of CERCLA ([42 U.S.C. 9620(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620/h&num=0&edition=prelim)), so long as the covenant property is the site at which the services procured under paragraph (1) are to be performed.
(5) **Savings clause.—** — Nothing in this subsection affects the applicability of section 120 of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)) to the Department of Defense or the obligations and responsibilities of the Department of Defense under subsection (h) of such section.
**(e) Response Action Contractors.—** The provisions of section 119 of CERCLA ([42 U.S.C. 9619](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9619&num=0&edition=prelim)) apply to response action contractors (as defined in that section) who carry out response actions under this section.
**(f) Use of Appropriated Funds at Former DOD Sites.—** Appropriations available to the Department of Defense may be used at sites formerly used by the Department of Defense for removal of unsafe buildings or debris of the Department of Defense.
**(g) Removal of Unsafe Buildings and Debris Before Release From Federal Control.—** In the case of property formerly used by the Department of Defense which is to be released from Federal Government control and at which there are unsafe buildings or debris of the Department of Defense, all actions necessary to comply with regulations of the General Services Administration on the transfer of property in a safe condition shall be completed before the property is released from Federal Government control, except in the case of property to be conveyed to an entity of State or local government or to a native corporation.
**(h) Surety-Contractor Relationship.—** Any surety which provides a bid, performance, or payment bond in connection with any direct Federal procurement for a response action contract under the Defense Environmental Restoration Program and begins activities to meet its obligations under such bond, shall, in connection with such activities or obligations, be entitled to any indemnification and the same standard of liability to which its principal was entitled under the contract or under any applicable law or regulation.
**(i) Surety Bonds.—**
(1) **Applicability of sections 3131 and 3133 of title 40.—** — If under sections 3131 and 3133 of title 40 surety bonds are required for any direct Federal procurement of any response action contract under the Defense Environmental Restoration Program and are not waived pursuant to [section 3134 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3134&num=0&edition=prelim), the surety bonds shall be issued in accordance with sections 3131 and 3133.
(2) **Limitation of accrual of rights of action under bonds.—** — If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any response action contract under the Defense Environmental Restoration Program, no right of action shall accrue on the performance bond issued on such contract to or for the use of any person other than an obligee named in the bond.
(3) **Liability of sureties under bonds.—** — If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any response action contract under the Defense Environmental Restoration Program, unless otherwise provided for by the Secretary in the bond, in the event of a default, the surety’s liability on a performance bond shall be only for the cost of completion of the contract work in accordance with the plans and specifications of the contract less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond. The surety shall in no event be liable on bonds to indemnify or compensate the obligee for loss or liability arising from personal injury or property damage whether or not caused by a breach of the bonded contract.
(4) **Nonpreemption.—** — Nothing in this section shall be construed as preempting, limiting, superseding, affecting, applying to, or modifying any State laws, regulations, requirements, rules, practices, or procedures. Nothing in this section shall be construed as affecting, applying to, modifying, limiting, superseding, or preempting any rights, authorities, liabilities, demands, actions, causes of action, losses, judgment, claims, statutes of limitation, or obligations under Federal or State law, which do not arise on or under the bond.
**(j) Applicability.—**
(1) Subsections (h) and (i) shall not apply to bonds executed before December 5, 1991.
(2) Subsections (h) and (i) shall not apply to bonds to which section 119(g) of CERCLA ([42 U.S.C. 9619(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9619/g&num=0&edition=prelim)) applies.
**(k) UXO Program Manager.—**
(1) The Secretary of Defense shall designate a program manager who shall serve as the single point of contact in the Department of Defense for policy and budgeting issues involving the characterization, research, remediation, and management of explosive and related risks with respect to unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (as such terms are defined in section 2710 11 See References in Text note below. of this title) that pose a threat to human health or safety.
(2) The position of program manager shall be filled by—
(A) an employee in a position that is equivalent to pay grade O–6 or above; or
(B) a member of the armed forces who is serving in the grade of colonel or, in the case of the Navy, captain, or in a higher grade.
(3) The program manager shall report to the Assistant Secretary of Defense for Energy, Installations, and Environment.
(4) The program manager may establish an independent advisory and review panel that may include representatives of the National Academy of Sciences, nongovernmental organizations with expertise regarding unexploded ordnance, discarded military munitions, or munitions constituents, the Environmental Protection Agency, States (as defined in section 2710 1 of this title), and tribal governments. If established, the panel shall report annually to Congress on progress made by the Department of Defense to address unexploded ordnance, discarded military munitions, or munitions constituents at defense sites and make such recommendations as the panel considers appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inventory Required.—**
(1) The Secretary of Defense shall develop and maintain an inventory of defense sites that are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constituents.
(2) The information in the inventory for each defense site shall include, at a minimum, the following:
(A) A unique identifier for the defense site.
(B) An appropriate record showing the location, boundaries, and extent of the defense site, including identification of the State and political subdivisions of the State, including the county, where applicable, in which the defense site is located and any Tribal lands encompassed by the defense site.
(C) Known persons and entities, other than a military department, with any current ownership interest or control of lands encompassed by the defense site.
(D) Any restrictions or other land use controls currently in place at the defense site that might affect the potential for public and environmental exposure to the unexploded ordnance, discarded military munitions, or munitions constituents.
**(b) Site Prioritization.—**
(1) The Secretary shall develop, in consultation with representatives of the States and Indian Tribes, a proposed protocol for assigning to each defense site a relative priority for response activities related to unexploded ordnance, discarded military munitions, and munitions constituents based on the overall conditions at the defense site. After public notice and comment on the proposed protocol, the Secretary shall issue a final protocol and shall apply the protocol to defense sites listed on the inventory. The level of response priority assigned the site shall be included with the information required by subsection (a)(2).
(2) In assigning the response priority
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2710
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) The term “construction” means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field testing of innovative or alternative waste water treatment processes and techniques meeting guidelines promulgated under [section 1314(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/d/3&num=0&edition=prelim), or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items.
(2)
(A) The term “treatment works” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement [section 1281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1281&num=0&edition=prelim), or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land application) or will be used for ultimate disposal of residues resul
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) as are authorized by law.
**(b)** Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project;
(5) planning, supervision, administration, and overhead incident to the project; and
(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).
**(c)** In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for the fiscal year in which a contract is proposed to be awarded for the project.
**(d)** Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b), Dec. 23, 2016, 130 Stat. 2716.]
**(e)**
(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by him, the Secretary of Defense shall have the records of the fixed property, installations, major equipment items, and stored supplies of the military departments maintained on both a quantitative and a monetary basis, so far as practicable.
**(b)** The regulations prescribed pursuant to subsection (a) shall include a requirement that the records maintained under such subsection—
(1) to the extent practicable, provide up-to-date information on all items in the inventory of the Department of Defense;
(2) indicate whether the inventory of each item is sufficient or excessive in relation to the needs of the Department for that item; and
(3) permit the Secretary of Defense to include in the budget submitted to Congress under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for each fiscal year, information relating to—
(A) the amounts proposed for each appropriation account in such budget for inventory purchases of the Department of Defense; and
(B) the amounts obligated for such inventory purchases out of the corresponding appropriations account for the preceding fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2721
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.
**(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department.
**(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2220
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Federal law — U.S. Code and appendices · legal_authorities
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under [section 3703 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3703&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement—
(1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
**(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until—
(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification—
(A) an evaluation of the fiscal, local economic, budgetary, environme
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687
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Federal law — U.S. Code and appendices · legal_authorities
In order to render financial assistance to those States and localities in which the activities of the Commission are carried on, and in which the Commission has acquired property previously subject to State and local taxation, the Commission is authorized to make payments to State and local governments in lieu of property taxes. Such payments may be in the amounts, at the times, and upon the terms the Commission deems appropriate, but the Commission shall be guided by the policy of not making payments in excess of the taxes which would have been payable for such property in the condition in which it was acquired, except in cases where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan Engineer District or their agents. In any such case, any benefit accruing to the State or local government by reason of such activities shall be considered in determining the amount of the payment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2208
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