10 U.S.C. § 2709 — Investment control process for environ-

Page 2175 TITLE 10—ARMED FORCES § 2709 (d) DEFINITIONS.—In this section: (1) The term ‘‘hazardous waste’’ has the meaning given that term by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), except that such term also includes polychlorinated biphenyls. (2) The term ‘‘remedial action’’ has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)). (3) The term ‘‘corrective action’’ has the meaning given that term under section 3004(u) of the Solid Waste Disposal Act (42 U.S.C. 6924(u)). (4) The term ‘‘polychlorinated biphenyls’’ has the meaning given that term under section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)). (e) EFFECT ON LIABILITY.—Nothing in this sec- tion shall affect the liability of the Federal Gov- ernment under any Federal or State law or under common law. (Added Pub. L. 102–190, div. A, title III, § 331(a)(1), Dec. 5, 1991, 105 Stat. 1339; amended Pub. L. 102–484, div. A, title III, § 321, title X, § 1052(36), Oct. 23, 1992, 106 Stat. 2365, 2501; Pub. L. 103–160, div. A, title X, § 1004, Nov. 30, 1993, 107 Stat. 1748.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (c)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chap- ter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. AMENDMENTS 1993—Subsec. (b)(1). Pub. L. 103–160 substituted ‘‘fiscal years 1992 through 1996’’ for ‘‘fiscal years 1992 and 1993’’. 1992—Subsec. (b)(1). Pub. L. 102–484, § 1052(36)(A), sub- stituted ‘‘each contract’’ for ‘‘all contracts’’ and ‘‘any subcontract under any such contract’’ for ‘‘all sub- contracts under such contracts’’. Pub. L. 102–484, § 321, substituted ‘‘fiscal years 1992 and 1993’’ for ‘‘fiscal year 1992’’. Subsec. (d). Pub. L. 102–484, § 1052(36)(B), substituted ‘‘In’’ for ‘‘For purposes of’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–190, div. A, title III, § 331(b), Dec. 5, 1991, 105 Stat. 1340, provided that: ‘‘Section 2708 of title 10, United States Code, shall apply with respect to con- tracts entered into after the expiration of the 60-day period beginning on the date of the enactment of this Act [Dec. 5, 1991].’’ § 2709. Investment control process for environ- mental technologies (a) INVESTMENT CONTROL PROCESS.—The Sec- retary of Defense shall ensure that the tech- nology planning process developed to implement section 4811 of this title and section 270(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2469) pro- vides for an investment control process for the selection, prioritization, management, and eval- uation of environmental technologies by the De- partment of Defense, the military departments, and the Defense Agencies. (b) PLANNING AND EVALUATION.—The environ- mental technology investment control process required by subsection (a) shall provide, at a minimum, for the following: (1) The active participation by end-users of environmental technology, including the offi- cials responsible for the environmental secu- rity programs of the Department of Defense and the military departments, in the selection and prioritization of environmental tech- nologies. (2) The development of measurable perform- ance goals and objectives for the management and development of environmental tech- nologies and specific mechanisms for assuring the achievement of the goals and objectives. (3) Annual performance reviews to determine whether the goals and objectives have been achieved and to take appropriate action in the event that they are not achieved. (Added Pub. L. 106–65, div. A, title III, § 323(b)(1), Oct. 5, 1999, 113 Stat. 562; amended Pub. L. 116–283, div. A, title XVIII, § 1867(e)(2), Jan. 1, 2021, 134 Stat. 4282.) Editorial Notes REFERENCES IN TEXT Section 270(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2469), referred to in subsec. (a), was formerly set out as a note under section 2501 of this title, prior to repeal by Pub. L. 111–84, div. A, title II, § 241, Oct 28, 2009, 123 Stat. 2237. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘section 4811’’ for ‘‘section 2501’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. PURPOSES OF SECTION 323 OF PUB. L. 106–65 Pub. L. 106–65, div. A, title III, § 323(a), Oct. 5, 1999, 113 Stat. 562, provided that: ‘‘The purposes of this section [enacting this section, amending section 2706 of this title, and enacting provisions set out as a note under section 2706 of this title] are— ‘‘(1) to hold the Department of Defense and the military departments accountable for achieving per- formance-based results in the management of envi- ronmental technology by providing a connection be- tween program direction and the achievement of spe- cific performance-based results; ‘‘(2) to assure the identification of end-user require- ments for environmental technology within the mili- tary departments; ‘‘(3) to assure results, quality of effort, and appro- priate levels of service and support for end-users of environmental technology within the military de- partments; and ‘‘(4) to promote improvement in the performance of environmental technologies by establishing objec- Page 2176 TITLE 10—ARMED FORCES § 2710 tives for environmental technology programs, meas- uring performance against such objectives, and mak- ing public reports on the progress made in such per- formance.’’ § 2710. Inventory of unexploded ordnance, dis- carded military munitions, and munitions constituents at defense sites (other than operational ranges) (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 loca- tion, 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 de- fense site is located and any Tribal lands en- compassed by the defense site. (C) Known persons and entities, other than a military department, with any current owner- ship interest or control of lands encompassed by the defense site. (D) Any restrictions or other land use con- trols 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 representa- tives of the States and Indian Tribes, a proposed protocol for assigning to each defense site a rel- ative priority for response activities related to unexploded ordnance, discarded military muni- tions, and munitions constituents based on the overall conditions at the defense site. After pub- lic notice and comment on the proposed pro- tocol, the Secretary shall issue a final protocol and shall apply the protocol to defense sites list- ed on the inventory. The level of response pri- ority assigned the site shall be included with the information required by subsection (a)(2). (2) In assigning the response priority for a de- fense site on the inventory, the Secretary shall primarily consider factors relating to safety and environmental hazard potential, such as the fol- lowing: (A) Whether there are known, versus sus- pected, unexploded ordnance, discarded mili- tary munitions, or munitions constituents on all or any portion of the defense site and the types of unexploded ordnance, discarded mili- tary munitions, or munitions constituents present or suspected to be present. (B) Whether public access to the defense site is controlled, and the effectiveness of these controls. (C) The potential for direct human contact with unexploded ordnance, discarded military munitions, or munitions constituents at the defense site and evidence of people entering the site. (D) Whether a response action has been or is being undertaken at the defense site under the Formerly Used Defense Sites program or other program. (E) The planned or mandated dates for trans- fer of the defense site from military control. (F) The extent of any documented incidents involving unexploded ordnance, discarded military munitions, or munitions constituents at or from the defense site, including incidents involving explosions, discoveries, injuries, re- ports, and investigations. (G) The potential for drinking water con- tamination or the release of munitions con- stituents into the air. (H) The potential for destruction of sensitive ecosystems and damage to natural resources. (3) The priority assigned to a defense site in- cluded on the inventory shall not impair, alter, or diminish any applicable Federal or State au- thority to establish requirements for the inves- tigation of, and response to, environmental problems at the defense site. (c) UPDATES AND AVAILABILITY.—(1) The Sec- retary shall annually update the inventory and site prioritization list to reflect new informa- tion that becomes available. The inventory shall be available in published and electronic form. (2) The Secretary shall work with commu- nities adjacent to a defense site to provide infor- mation concerning conditions at the site and re- sponse activities. At a minimum, the Secretary shall provide the site inventory information and site prioritization list to appropriate Federal, State, tribal, and local officials, and, to the ex- tent the Secretary considers appropriate, to civil defense or emergency management agen- cies and the public. (d) EXCEPTIONS.—This section does not apply to the following: (1) Any locations outside the United States. (2) The presence of military munitions re- sulting from combat operations. (3) Operating storage and manufacturing fa- cilities. (4) Operational ranges. (e) DEFINITIONS.—In this section: (1) The term ‘‘defense site’’ applies to loca- tions that are or were owned by, leased to, or otherwise possessed or used by the Depart- ment of Defense. The term does not include any operational range, operating storage or manufacturing facility, or facility that is used for or was permitted for the treatment or dis- posal of military munitions. (2) The term ‘‘discarded military munitions’’ means military munitions that have been abandoned without proper disposal or removed from storage in a military magazine or other storage area for the purpose of disposal. The term does not include unexploded ordnance, military munitions that are being held for fu- ture use or planned disposal, or military muni- tions that have been properly disposed of, con- sistent with applicable environmental laws and regulations. (3) The term ‘‘munitions constituents’’ means any materials originating from unexploded ordnance, discarded military mu- nitions, or other military munitions, includ- ing explosive and nonexplosive materials, and emission, degradation, or breakdown elements of such ordnance or munitions.