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10 U.S.C. § 2815a — Stormwater management, shoreline erosion control, and water resilience projects for installations and defense access roads

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2815a — Stormwater management, shoreline erosion control, and water resilience projects for installations and defense access roads

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Source file: Laws/federal/codes/united-states-code/title-10/section-2815a-stormwater-management-shoreline-erosion-control-and-water-resilience-pro--4ee7913244.md
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Source location: Title 10, Chapter 169, § 2815a; chapter-169-military-construction-and-military-family-housing.md

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**(a) Projects Authorized.—** The Secretary concerned may carry out one or more of the following projects on or related to a military installation: (1) A stormwater management project for the purposes of— (A) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (B) protecting nearby waterways and stormwater-stressed ecosystems. (2) A shoreline erosion control project for the purpose of improving, protecting, or repairing shoreline to protect the infrastructure of a military installation or a defense access road. (3) A project to provide water storage and filtration, flood mitigation, or otherwise support water resilience. **(b) Project Methods and Funding Sources.—** Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805&num=0&edition=prelim), including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under [section 2815 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2815&num=0&edition=prelim), including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under [section 2391(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2391/d&num=0&edition=prelim). (5) A military installation resilience project under [section 2684a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2684a&num=0&edition=prelim). (6) A construction project under [section 2914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2914&num=0&edition=prelim). (7) A reserve component facility project under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim). (8) A defense access road project under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim). **(c) Project Priorities.—** In selecting projects to be carried out under this section, the Secretary concerned shall give a priority to a project proposal that— (1) minimizes the runoff of untreated stormwater into freshwater systems or tidal systems; (2) protects military installations and defense access roads from stormwater runoff and water levels resulting from extreme weather conditions; (3) controls shoreline erosion control that involve the improvement, protection, or repair of shoreline subject to wave action or stormwater runoff and water levels resulting from extreme weather condition; or (4) supports water resilience at military installations. **(d) Project Activities.—** Activities carried out as part of a project under this section may include, but are not limited to, the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing, retention, or filtration measures to address storm water management. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (4) The capture or storage of stormwater for use in supporting water resilience at a military installation. (5) The use of sheet piles, riprap, armor stone, sea walls, natural plantings, or any other technologies created to address shoreline erosion control. **(e) Project Coordination.—** (1) In the case of a project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391, 2684, 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (2) The Assistant Secretary of Defense for Energy, Installations, and Environment shall designate an official to be responsible for coordinating projects under this section among the military departments. **(f) Annual Report.—** (1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active projects carried out by that Secretary under this section; and (B) all projects completed by the Secretary concerned during the previous fiscal year. (2) Each report shall include the following information with respect to each project described in the report: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; (ii) protect waterways and stormwater-stressed ecosystems; (iii) improve, protect, or repair shoreline to protect infrastructure of a military installation or a defense access road from shoreline erosion; or (iv) provide water storage and filtration, flood mitigation, or otherwise support water resilience. (C) Such other information as the Secretary concerned considers appropriate. **(g) Definitions.—** In this section: (1) The term “defense access road” means a road certified to the Secretary of Transportation as important to the national defense under the provisions of [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim). (2) The terms “facility” and “State” have the meanings given those terms in [section 18232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18232&num=0&edition=prelim). (3) The term “military installation” includes a facility of a reserve component owned by a State rather than the United States. (4) The term “military installation resilience” has the meaning given that term in [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim). (5) The term “Secretary concerned” means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States. (6) The term “water resilience” means the capacity of a military installation to mitigate, respond, or adapt to changes in water availability due to manmade or natural phenomena.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2805 — Unspecified minor construction

**(a) Authority to Carry Out Unspecified Minor Military Construction Projects.—** (1) Within an amount equal to 125 percent of the amount authorized by law for such purpose, the Secretary concerned may carry out unspecified minor military construction projects not otherwise authorized by law. (2) An unspecified minor military construction project is a military construction project, land acquisition, or demolition project that has an approved cost equal to or less than $9,000,000. (3) Notwithstanding the requirements of this section, the Secretary concerned may use amounts authorized pursuant to another law or regulation to carry out a demolition project described in paragraph (2). **(b) Approval and Congressional Notification.—** (1) An unspecified minor military construction project costing more than $750,000 may not be carried out under this section unless approved in advance by the Secretary concerned. This paragraph shall apply even though the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies. (2) When a decision is made to carry out an unspecified minor military construction project to which paragraph (1) is applicable and which costs more than $6,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), to the appropriate committees of Congress a notification of that decision not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include a description of the project, a justification for the project, and an estimation of the total cost of the project. **(c)

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2805

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2815 — Military installation resilience projects

**(a) Projects Required.—** The Secretary of Defense shall carry out military construction projects, including unspecified minor military construction projects not otherwise authorized by law, for military installation resilience, in accordance with— (1) [section 2802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2802&num=0&edition=prelim) (except as provided in subsection (e)); or (2) [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805&num=0&edition=prelim). **(b) Congressional Notification.—** (1) When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the congressional defense committees of that decision. (2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would— (A) enhance military installation resilience; (B) enhance mission assurance; (C) support mission critical functions; and (D) address known vulnerabilities. **(c) Timing of Projects.—** Except as provided in subsection (e)(2), a project may be carried out under this section only after the end of the 14-day period beginning on the date that notification with respect to that project under subsection (b) is received by the congressional defense committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim). **(d) Location of Projects.—** Projects carried out pursuant to this section may be carried out— (1) on a military installation; (2) on a facility used by the Department of Defense that is owned and operated by a State, the District of Columbia, the Com

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2815

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2684a — Agreements to limit encroachments and other constraints on military training, testing, and operations

**(a) Agreements Authorized.—** The Secretary of Defense or the Secretary of a military department may enter into an agreement with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically related to, a military installation, as well as a State-owned National Guard installation, or military airspace for purposes of— (1) limiting any development or use of the property that would be incompatible with the mission of the installation; (2) preserving habitat on the property in a manner that— (A) is compatible with environmental requirements; and (B) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation; (3) maintaining or improving military installation resilience; or (4) protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation. **(b) Eligible Entities.—** For purposes of this section, an eligible entity is any of the following: (1) A State or political subdivision of a State. (2) A private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, as determined by the Secretary concerned. **(c) Authority to Coordinate.—** (1) In entering into an agreement under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities p

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2684a

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 210 — Defense access roads

**(a) Authorization.—** (1) **In general.—** — When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for— (A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to— (i) military reservations; (ii) defense industry sites; (iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iv) sources of raw materials; (B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and (C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at— (i) military reservations; (ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iii) defense industry sites. (2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, i

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 210

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2914 — Military construction projects for energy resilience, energy security, and energy conservation

**(a) Project Authorization Required.—** The Secretary of Defense may carry out such military construction projects for energy resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available for that purpose. **(b) Submission of Project Proposals.—** (1) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information: (A) The project title. (B) The location of the project. (C) A brief description of the scope of work. (D) The original project cost estimate and the current working cost estimate, if different. (E) Such other information as the Secretary considers appropriate. (2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information: (A) The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate. (B) The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs. (C) A brief description of the measurement and verification plan and planned funding source. (3) In the case of a military construction project for energy resilience or energy security, the Secretary also shall include the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities. **(c) Alternative Funding Source.—** (1) In addition to the authority under [section 2805(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/c&num=0&e

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18232 — Definitions

In this chapter: (1) The term “State” means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States and includes political subdivisions and military units thereof and tax-supported agencies therein. (2) The term “facility” includes any (A) interest in land, (B) armory, readiness center, or other structure, and (C) storage or other facility normally needed for the administration and training of any unit of the reserve components of the armed forces. (3) The terms “armory” and “readiness center” mean a structure that houses one or more units of a reserve component and is used for training and administering those units. Such terms include a structure that is appurtenant to such a structure and houses equipment used for that training and administration.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18233 — Acquisition

**(a)** Subject to sections 18233a, 18234, 18235, 18236, and 18238 of this title and to subsection (c), the Secretary of Defense may— (1) acquire by purchase, lease, or transfer, and construct, expand, rehabilitate, or convert and equip, such facilities as are authorized by law to carry out the purposes of this chapter; (2) contribute to any State such amounts as he determines to be necessary to expand, rehabilitate, or convert facilities owned by it or by the United States for use jointly by units of two or more reserve components of the armed forces or to acquire or construct facilities for such use; (3) contribute to any State such amounts as he determines to be necessary to expand, rehabilitate, or convert facilities owned by it (or to acquire, construct, expand, rehabilitate, or convert additional facilities) made necessary by the conversion, redesignation, or reorganization of units of the Army National Guard of the United States or the Air National Guard of the United States authorized by the Secretary of the military department concerned; (4) contribute to any State such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by it of additional facilities as he determines to be required by any increase in the strength of the Army National Guard of the United States or the Air National Guard of the United States; (5) contribute to any State amounts for the acquisition, construction, expansion, rehabilitation, and conversion by such State of such additional facilities as the Secretary determines to be required because of the failure of existing facilities to meet the purposes of this chapter; and (6) contribute to any State such amounts for the construction, alteration, or rehabilitation of critical portions of facilities as the

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18233

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2815a — Stormwater management, shoreline ero-

Page 2244 TITLE 10—ARMED FORCES § 2815a (2) A project carried out under this section using amounts under paragraph (1) may be car- ried out only after the end of the 7-day period beginning on the date on which a copy of the no- tification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this sub- section is $125,000,000. (f) ANNUAL REPORT.—Not later than 90 days after the end of each fiscal year until December 31, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the planned and active projects carried out under this section (including com- pleted projects), and shall include in the report with respect to each such project the following information: (1) The title, location, a brief description of the scope of work, the original project cost es- timate, and the current working cost esti- mate. (2) The information provided under sub- section (b)(2). (3) Such other information as the Secretary considers appropriate. (Added Pub. L. 116–92, div. B, title XXVIII, § 2801(b)(1), Dec. 20, 2019, 133 Stat. 1880; amended Pub. L. 116–283, div. A, title III, § 315(a), Jan. 1, 2021, 134 Stat. 3514; Pub. L. 118–31, div. B, title XXVIII, § 2804, Dec. 22, 2023, 137 Stat. 744.) Editorial Notes PRIOR PROVISIONS A prior section 2815, added Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2801(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–412; amended Pub. L. 107–314, div. A, title X, § 1062(a)(14), Dec. 2, 2002, 116 Stat. 2650, related

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2815a

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