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10 U.S.C. § 2703 — Environmental restoration accounts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Accounts.—** There are hereby established in the Department of Defense the following accounts:
(1) An account to be known as the “Environmental Restoration Account, Defense”.
(2) An account to be known as the “Environmental Restoration Account, Army”.
(3) An account to be known as the “Environmental Restoration Account, Navy”.
(4) An account to be known as the “Environmental Restoration Account, Air Force”.
(5) An account to be known as the “Environmental Restoration Account, Formerly Used Defense Sites”.
**(b) Program Elements for Ordnance Remediation.—** The Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military munitions, and munitions constituents within each environmental restoration account established under subsection (a). In this subsection, the terms “discarded military munitions” and “munitions constituents” have the meanings given such terms in [section 2710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2710&num=0&edition=prelim).
**(c) Obligation of Authorized Amounts.—**
(1) Funds authorized for deposit in an account under subsection (a) may be obligated or expended from the account only to carry out the environmental restoration functions of the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law.
(2) Funds authorized for deposit in an account under subsection (a) shall remain available until expended.
**(d) Budget Reports.—** In proposing the budget for any fiscal year pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), the President shall set forth separately
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Source file: Laws/federal/codes/united-states-code/title-10/section-2703-environmental-restoration-accounts--707fcdf2a4.md
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Source location: Title 10, Chapter 160, § 2703; chapter-160-environmental-restoration.md
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**(a) Establishment of Accounts.—** There are hereby established in the Department of Defense the following accounts:
(1) An account to be known as the “Environmental Restoration Account, Defense”.
(2) An account to be known as the “Environmental Restoration Account, Army”.
(3) An account to be known as the “Environmental Restoration Account, Navy”.
(4) An account to be known as the “Environmental Restoration Account, Air Force”.
(5) An account to be known as the “Environmental Restoration Account, Formerly Used Defense Sites”.
**(b) Program Elements for Ordnance Remediation.—** The Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military munitions, and munitions constituents within each environmental restoration account established under subsection (a). In this subsection, the terms “discarded military munitions” and “munitions constituents” have the meanings given such terms in [section 2710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2710&num=0&edition=prelim).
**(c) Obligation of Authorized Amounts.—**
(1) Funds authorized for deposit in an account under subsection (a) may be obligated or expended from the account only to carry out the environmental restoration functions of the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law.
(2) Funds authorized for deposit in an account under subsection (a) shall remain available until expended.
**(d) Budget Reports.—** In proposing the budget for any fiscal year pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), the President shall set forth separately the amounts requested for environmental restoration programs of the Department of Defense and of each of the military departments under this chapter and under any other Act.
**(e) Credit of Amounts Recovered.—** The following amounts shall be credited to the appropriate environmental restoration account:
(1) Amounts recovered under CERCLA for response actions.
(2) Any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of Defense or a military department for any expenditure for environmental response activities.
**(f) Payments of Fines and Penalties.—** None of the funds appropriated to the Environmental Restoration Account, Defense, or to any environmental restoration account of a military department, may be used for the payment of a fine or penalty (including any supplemental environmental project carried out as part of such penalty) imposed against the Department of Defense or a military department unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the environmental restoration account concerned and the payment of the fine or penalty has been specifically authorized by law.
**(g) Sole Source of Funds for Operation and Monitoring of Environmental Remedies.—**
(1) Except as provided in subsection (h), the sole source of funds for all phases of an environmental remedy at a site under the jurisdiction of the Department of Defense, a National Guard facility, or a formerly used defense site shall be the applicable environmental restoration account established under subsection (a).
(2) In this subsection, the term “environmental remedy” has the meaning given the term “remedy” in section 101 of CERCLA ([42 U.S.C. 9601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim)).
**(h) Sole Source of Funds for Environmental Remediation at Certain Base Realignment and Closure Sites.—** In the case of property disposed of pursuant to a base closure law and subject to a covenant that was required to be provided by 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)), the sole source of funds for services procured under [section 2701(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2701/d/1&num=0&edition=prelim) shall be the Department of Defense Base Closure Account established under 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). The limitation in this subsection shall expire upon the closure of such base closure account.
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2701
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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)** 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
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Expedited Notice.—** The Secretary of Defense shall take such actions as necessary to ensure that the regional offices of the Environmental Protection Agency and appropriate State and local authorities for the State in which a facility under the Secretary’s jurisdiction is located receive prompt notice of each of the following:
(1) The discovery of releases or threatened releases of hazardous substances at the facility.
(2) The extent of the threat to public health and the environment which may be associated with any such release or threatened release.
(3) Proposals made by the Secretary to carry out response actions with respect to any such release or threatened release.
(4) The initiation of any response action with respect to such release or threatened release and the commencement of each distinct phase of such activities.
**(b) Comment by EPA and State and Local Authorities.—**
(1) **Release notices.—** — The Secretary shall ensure that the Administrator of the Environmental Protection Agency and appropriate State and local officials have an adequate opportunity to comment on notices under paragraphs (1) and (2) of subsection (a).
(2) **Proposals for response actions.—** — The Secretary shall require that an adequate opportunity for timely review and comment be afforded to the Administrator and to appropriate State and local officials after making a proposal referred to in subsection (a)(3) and before undertaking an activity or action referred to in subsection (a)(4). The preceding sentence does not apply if the action is an emergency removal taken because of imminent and substantial endangerment to human health or the environment and consultation would be impractical.
**(c) Technical Review Committee.—** Whenever possible and practical, the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2705
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Federal law — U.S. Code and appendices · legal_authorities
Page 2096
TITLE 10—ARMED FORCES
§ 2687
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
(b) Proceeds of sales under subsection (a) shall
be credited to the appropriation currently avail-
able for the supply of that utility or service.
(c) To meet local needs the Secretary con-
cerned may make minor expansions and exten-
sions of any distributing system or facility
within an activity through which a utility or
service is furnished under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub.
L. 86–156, Aug. 14, 1959, 73 Stat. 338; renumbered
§ 2686, Pub. L. 105–85, div. A, title III, § 371(b)(1),
Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116–283, div.
A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134
Stat. 3821.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
2481(a) .....
5:626s.
5:626s–1 (less words be-
tween semicolon and
colon).
10:1269.
July 30, 1947, ch. 394, 61
Stat. 675; Aug. 8, 1949,
ch. 403, § 5, 63 Stat. 576.
10:1269a (less words be-
tween semicolon and
colon).
34:553a.
34:553b (less words be-
tween semicolon and
colon).
2481(b) .....
5:626s–1 (words between
semicolon and colon).
10:1269a (words between
semicolon and colon).
34:553b (words between
semicolon and colon).
2481(c) .....
5:626s–2.
10:1269b.
34:553c.
In subsection (a), the words ‘‘within his establish-
ment’’, ‘‘of time’’, and the opening clauses of 5:626s–1,
10:1269a, and 34:553b, are omitted as surplusage. The
words ‘‘not available from another local source’’ are
substituted for the words ‘‘not otherwise available from
local private or public sources’’.
In subsection (b), the words ‘‘of sales under sub-
section (a)’’ are substituted for the words ‘‘received for
any such utilities and
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2687
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 2687. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2167
TITLE 10—ARMED FORCES
§ 2703
scribing the findings and conclusions of the Secretary
resulting from the study not later than Mar. 1, 1991.
USE OF DEPARTMENT OF DEFENSE APPROPRIATIONS FOR
REMOVAL OF UNSAFE BUILDINGS OR DEBRIS
Pub. L. 101–165, title IX, § 9038, Nov. 21, 1989, 103 Stat.
1137, which authorized appropriations available to the
Department of Defense to be used at sites formerly
used by the Department for removal of unsafe buildings
or debris of the Department and required that removal
be completed before the property is released from Fed-
eral Government control, was repealed and restated in
subsecs. (f) and (g) of this section by Pub. L. 101–510,
div. A, title XIV, § 1481(i), Nov. 5, 1990, 104 Stat. 1708.
§ 2702. Research, development, and demonstra-
tion program
(a) PROGRAM.—As part of the Defense Environ-
mental Restoration Program, the Secretary of
Defense shall carry out a program of research,
development, and demonstration with respect to
hazardous wastes. The program shall be carried
out in consultation and cooperation with the
Administrator and the advisory council estab-
lished under section 311(a)(5) of CERCLA (42
U.S.C. 9660(a)(5)). The program shall include re-
search, development, and demonstration with
respect to each of the following:
(1) Means of reducing the quantities of haz-
ardous waste generated by activities and fa-
cilities under the jurisdiction of the Sec-
retary.
(2) Methods of treatment, disposal, and man-
agement (including recycling and detoxifying)
of hazardous waste of the types and quantities
generated by current and former activities of
the Secretary and facilities currently and for-
merly under the jurisdiction of the Secretary.
(3) Identifying more cost-effective tech-
nologies for cleanup o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2703
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Federal law — U.S. Code and appendices · legal_authorities
Page 7709
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9601
1 So in original. Probably should be ‘‘or’’.
Sec.
9657.
Separability; contribution.
9658.
Actions under State law for damages from ex-
posure to hazardous substances.
9659.
Citizens suits.
9660.
Research, development, and demonstration.
9660a.
Grant program.
9661.
Love Canal property acquisition.
9662.
Limitation on contract and borrowing au-
thority.
SUBCHAPTER IV—POLLUTION INSURANCE
9671.
Definitions.
9672.
State laws; scope of subchapter.
9673.
Risk retention groups.
9674.
Purchasing groups.
9675.
Applicability of securities laws.
SUBCHAPTER I—HAZARDOUS SUBSTANCES
RELEASES, LIABILITY, COMPENSATION
§ 9601. Definitions
For purpose of this subchapter—
(1) The term ‘‘act of God’’ means an unan-
ticipated grave natural disaster or other nat-
ural 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 Ad-
ministrator of the United States Environ-
mental Protection Agency.
(3) The term ‘‘barrel’’ means forty-two
United States gallons at sixty degrees Fahr-
enheit.
(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 de-
fined in the Safe Drinking Water Act [42
U.S.C. 300f et seq.]) or as drinking water by
one or more individuals.
(8) The
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of chapter to Federal Government**
(1) **In general** — Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim). Nothing in this section shall be construed to affect the liability of any person or entity under sections 9606 and 9607 of this title.
(2) **Application of requirements to Federal facilities** — All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter.
(3) **Exceptions** — This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection sha
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9620
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