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10 U.S.C. § 2705 — Notice of environmental restoration activities
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-2705-notice-of-environmental-restoration-activities--d8d9e63708.md
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Source location: Title 10, Chapter 160, § 2705; chapter-160-environmental-restoration.md
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**(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 shall establish a technical review committee to review and comment on Department of Defense actions and proposed actions with respect to releases or threatened releases of hazardous substances at installations. Members of any such committee shall include at least one representative of the Secretary, the Administrator, and appropriate State and local authorities and shall include a public representative of the community involved.
**(d) Restoration Advisory Board.—**
(1) In lieu of establishing a technical review committee under subsection (c), the Secretary may permit the establishment of a restoration advisory board in connection with any installation (or group of nearby installations) where the Secretary is planning or implementing environmental restoration activities.
(2)
(A) The Secretary shall prescribe regulations regarding the establishment, characteristics, composition, and funding of restoration advisory boards pursuant to this subsection.
(B) The issuance of regulations under subparagraph (A) shall not be a precondition to the establishment of restoration advisory boards under this subsection.
(C) Chapter 10 of title 5 shall not apply to a restoration advisory board established under this subsection.
(3) The Secretary may authorize the commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) to pay routine administrative expenses of a restoration advisory board established for that installation. Such payments shall be made from funds available under subsection (g).
**(e) Technical Assistance.—**
(1) The Secretary may, upon the request of the technical review committee for an installation, restoration advisory board for an installation, community concerned with respect to an installation, or individual member of such community, authorize the commander of the installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) to obtain from covered sources technical assistance for the committee, advisory board, community, or individual (as the case may be) to interpret scientific and engineering issues with regard to the nature of environmental hazards at the installation and the restoration activities conducted, or proposed to be conducted, at the installation. The commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) shall use funds made available under subsection (g) for obtaining assistance under this paragraph.
(2) The commander of an installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) may obtain technical assistance under paragraph (1) for a technical review committee, restoration advisory board, community, or individual only if the technical assistance—
(A) is likely to contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation; or
(B) is a service described in paragraph (3).
(3) A service described in this paragraph is a service to improve public participation in, or assist in the navigation of, environmental restoration activities at an installation by the community concerned or an individual member of such community, including with respect to the following:
(A) The interpretation of site-related documents, including documents concerning the nature of a release or threatened release at the installation, monitoring, testing plans, and reports associated with site assessment and characterization at the installation.
(B) The interpretation of health-related information.
(C) The interpretation of documents, plans, proposed actions, and final decisions relating to—
(i) an interim remedial action;
(ii) a remedial investigation or feasibility study;
(iii) a record of decision;
(iv) a remedial design;
(v) the selection and construction of remedial action;
(vi) operation and maintenance;
(vii) a five-year review at the installation; or
(viii) a removal action at the installation.
(D) Assistance with the preparation of public comments.
(E) The development of outreach materials to improve public participation.
(F) The provision of advice and guidance regarding additional technical assistance for which the community or individual, as the case may be, may be eligible.
(4) In this subsection, the term “covered source” means a private sector source, a Federal department or agency other than the Department of Defense (pursuant to a Federal interagency agreement), or a nonprofit entity (pursuant to a cooperative agreement entered into with such entity).
**(f) Involvement in Defense Environmental Restoration Program.—** If a technical review committee or restoration advisory board is established with respect to an installation (or group of installations), the Secretary shall consult with and seek the advice of the committee or board on the following issues:
(1) Identifying environmental restoration activities and projects at the installation or installations.
(2) Monitoring progress on these activities and projects.
(3) Collecting information regarding restoration priorities for the installation or installations.
(4) Addressing land use, level of restoration, acceptable risk, and waste management and technology development issues related to environmental restoration at the installation or installations.
(5) Developing environmental restoration strategies for the installation or installations.
**(g) Funding.—** The Secretary shall, to the extent provided in appropriations Acts, make funds available for administrative expenses and technical assistance under this section using funds in the following accounts:
(1) In the case of a military installation not approved for closure pursuant to a base closure law, the environmental restoration account concerned under [section 2703(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2703/a&num=0&edition=prelim).
(2) In the case of an installation approved for closure pursuant to such a law, the Department of Defense Base Closure Account established under section 2906(a) 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).
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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
**(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)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2703
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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 2171
TITLE 10—ARMED FORCES
§ 2705
complete classification of this Act to the Code, see
Short Title note set out under section 7401 of Title 42
and Tables.
The Clean Water Act, referred to in subsec. (a)(2), is
act June 30, 1948, ch. 758, as amended generally by Pub.
L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as
the Federal Water Pollution Control Act, which is clas-
sified generally to chapter 26 (§ 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1251 of Title 33 and Tables.
AMENDMENTS
2004—Subsecs. (c), (e), (f). Pub. L. 108–375 inserted ‘‘(42
U.S.C. 9604(i))’’ after ‘‘CERCLA’’.
1991—Subsec. (f). Pub. L. 102–25 substituted ‘‘Agency
for Toxic Substances’’ for ‘‘Agency of Toxic Sub-
stances’’.
§ 2705. Notice of environmental restoration ac-
tivities
(a) EXPEDITED NOTICE.—The Secretary of De-
fense shall take such actions as necessary to en-
sure that the regional offices of the Environ-
mental Protection Agency and appropriate
State and local authorities for the State in
which a facility under the Secretary’s jurisdic-
tion is located receive prompt notice of each of
the following:
(1) The discovery of releases or threatened
releases of hazardous substances at the facil-
ity.
(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 re-
lease and the commencement of each distinct
phase of such activities.
(b) COMMENT BY EPA AND STATE AND
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2705
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