10 U.S.C. § 2710 — Inventory of unexploded ordnance, dis-

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. Page 2177 TITLE 10—ARMED FORCES § 2710 (4) The term ‘‘possessions’’ includes John- ston Atoll, Kingman Reef, Midway Island, Nas- sau Island, Palmyra Island, and Wake Island. (5) The term ‘‘Secretary’’ means the Sec- retary of Defense. (6) The term ‘‘State’’ means the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the terri- tories and possessions. (7) The term ‘‘United States’’, in a geo- graphic sense, means the States, territories, and possessions and associated navigable wa- ters, contiguous zones, and ocean waters of which the natural resources are under the ex- clusive management authority of the United States. (Added Pub. L. 107–107, div. A, title III, § 311(a)(1), Dec. 28, 2001, 115 Stat. 1048; amended Pub. L. 108–136, div. A, title X, § 1042(b), Nov. 24, 2003, 117 Stat. 1610; Pub. L. 111–84, div. A, title III, § 318(a), Oct. 28, 2009, 123 Stat. 2250.) Editorial Notes AMENDMENTS 2009—Subsec. (a)(2)(B). Pub. L. 111–84 inserted ‘‘, including the county, where applicable,’’ after ‘‘po- litical subdivisions of the State’’. 2003—Subsec. (e). Pub. L. 108–136 redesignated pars. (4), (6), (7), (8), and (10) as (3) to (7), respectively, and struck out former pars. (3), (5), and (9) which defined terms ‘‘military munitions’’, ‘‘operational range’’, and ‘‘unexploded ordnance’’, respectively. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED TO UNEXPLODED ORDNANCE DETECTION Pub. L. 110–417, [div. A], title III, § 314, Oct. 14, 2008, 122 Stat. 4410, as amended by Pub. L. 111–84, div. A, title X, § 1073(c)(1), Oct. 28, 2009, 123 Stat. 2474, provided that: ‘‘(a) EXPEDITED USE OF APPROPRIATE TECHNOLOGIES.— The Secretary of Defense shall expedite the use of ap- propriate unexploded ordnance detection instrument technology developed through research funded by the Department of Defense or developed by entities other than the Department of Defense. ‘‘(b) REPORT.—Not later than October 1, 2009, the Sec- retary shall submit to the Committee on Armed Serv- ices of the Senate and the Committee on Armed Serv- ices of the House of Representatives a report describing and evaluating the following: ‘‘(1) The amounts allocated for research, develop- ment, test, and evaluation for unexploded ordnance detection technologies. ‘‘(2) The amounts allocated for transition of new unexploded ordnance detection technologies. ‘‘(3) Activities undertaken by the Department to transition such technologies and train operators on emerging detection instrument technologies. ‘‘(4) Any impediments to the transition of new unexploded ordnance detection instrument tech- nologies to regular operation in remediation pro- grams. ‘‘(5) The transfer of such technologies to private sector entities involved in the detection of unexploded ordnance. ‘‘(6) Activities undertaken by the Department to raise public awareness regarding unexploded ord- nance. ‘‘(c) UNEXPLODED ORDNANCE DEFINED.—In this sec- tion, the term ‘unexploded ordnance’ has the meaning given such term in section 101(e)(5) of title 10, United States Code [now 10 U.S.C. 101(f)(5)].’’ [Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(1) to section 314 of Pub. L. 110–417, set out above, is effective as of Oct. 14, 2008, and as if in- cluded in Pub. L. 110–417 therein as enacted.] RESPONSE PLAN FOR REMEDIATION OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS Pub. L. 109–364, div. A, title III, § 313(a)–(d), Oct. 17, 2006, 120 Stat. 2138, 2139, provided that: ‘‘(a) PERFORMANCE GOALS FOR REMEDIATION.—The Secretary of Defense shall set the following remedi- ation goals with regard to unexploded ordnance, dis- carded military munitions, and munitions constitu- ents: ‘‘(1) To complete, by not later than September 30, 2007, preliminary assessments of unexploded ord- nance, discarded military munitions, and munitions constituents at all active installations and formerly used defense sites (other than operational ranges). ‘‘(2) To complete, by not later than September 30, 2010, site inspections of unexploded ordnance, dis- carded military munitions, and munitions constitu- ents at all active installations and formerly used de- fense sites (other than operational ranges). ‘‘(3) To achieve, by not later than September 30, 2009, a remedy in place or response complete for unexploded ordnance, discarded military munitions, and munitions constituents at all military installa- tions closed or realigned as part of a round of defense base closure and realignment occurring prior to the 2005 round. ‘‘(4) To achieve, by a date certain established by the Secretary of Defense, a remedy in place or response complete for unexploded ordnance, discarded military munitions, and munitions constituents at all active installations and formerly used defense sites (other than operational ranges) and all military installa- tions realigned or closed under the 2005 round of de- fense base closure and realignment. ‘‘(b) RESPONSE PLAN REQUIRED.— ‘‘(1) IN GENERAL.—Not later than March 1, 2007, the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a comprehensive plan for addressing the remediation of unexploded ordnance, discarded military munitions, and munitions con- stituents at current and former defense sites (other than operational ranges). ‘‘(2) CONTENT.—The plan required by paragraph (1) shall include— ‘‘(A) a schedule, including interim goals, for achieving the goals described in paragraphs (1) through (3) of subsection (a), based upon the Muni- tions Response Site Prioritization Protocol estab- lished by the Department of Defense; ‘‘(B) such interim goals as the Secretary deter- mines feasible for efficiently achieving the goal re- quired under paragraph (4) of such subsection; and ‘‘(C) an estimate of the funding required to achieve the goals established pursuant to such sub- section and the interim goals established pursuant to subparagraphs (A) and (B). ‘‘(3) UPDATES.—Not later than March 15 of 2008, 2009, and 2010, the Secretary shall submit to the congres- sional defense committees an update of the plan re- quired under paragraph (1). The Secretary may in- clude the update in the report on environmental res- Page 2178 TITLE 10—ARMED FORCES § 2710 toration activities that is submitted to Congress under [former] section 2706(a) of title 10, United States Code, in the year in which that update is re- quired and may include in the update any adjustment to the remediation goals established under subsection (a) that the Secretary determines necessary to re- spond to unforeseen circumstances. ‘‘(c) REPORT ON REUSE STANDARDS AND PRINCIPLES.— Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the status of the efforts of the Department of De- fense to achieve agreement with relevant regulatory agencies on appropriate reuse standards or principles, including— ‘‘(1) a description of any standards or principles that have been agreed upon; and ‘‘(2) a discussion of any issues that remain in dis- agreement, including the impact that any such dis- agreement is likely to have on the ability of the De- partment of Defense to carry out the response plan required by subsection (b). ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The terms ‘unexploded ordnance’ and ‘oper- ational range’ have the meanings given such terms in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)]. ‘‘(2) The terms ‘discarded military munitions’, ‘mu- nitions constituents’, and ‘defense site’ have the meanings given such terms in section 2710(e) of such title.’’ RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF MUNITIONS Pub. L. 109–364, div. A, title III, § 314, Oct. 17, 2006, 120 Stat. 2139, provided that: ‘‘(a) IDENTIFICATION OF DISPOSAL SITES.— ‘‘(1) HISTORICAL REVIEW.—The Secretary of Defense shall conduct a historical review of available records to determine the number, size, and probable locations of sites where the Armed Forces disposed of military munitions in coastal waters. The historical review shall, to the extent possible, identify the types of mu- nitions at individual sites. ‘‘(2) COOPERATION.—The Secretary shall request the assistance of the Coast Guard, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies in conducting the review required by this subsection. ‘‘(3) INTERIM REPORTS.—The Secretary shall periodi- cally, but no less often than annually, release any new information obtained during the historical re- view conducted under paragraph (1). The Secretary may withhold from public release the exact nature and locations of munitions the potential unauthor- ized retrieval of which could pose a significant threat to the national defense or public safety. ‘‘(4) INCLUSION OF INFORMATION IN ANNUAL REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.—The Sec- retary shall include the information obtained pursu- ant to the review conducted under paragraph (1) in the annual report on environmental restoration ac- tivities submitted to Congress under [former] section 2706 of title 10, United States Code. ‘‘(5) FINAL REPORT.—The Secretary shall complete the historical review required under paragraph (1) and submit a final report on the findings of such re- view in the annual report on environmental restora- tion activities submitted to Congress for fiscal year 2009. ‘‘(b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY HAZARDS.— ‘‘(1) IDENTIFICATION OF HAZARDS.—The Secretary of Defense shall provide available information to the Secretary of Commerce to assist the National Oce- anic and Atmospheric Administration in preparing nautical charts and other navigational materials for coastal waters that identify known or potential haz- ards posed by disposed military munitions to private activities, including commercial shipping and fishing operations. ‘‘(2) CONTINUATION OF INFORMATION ACTIVITIES.—The Secretary of Defense shall continue activities to in- form potentially affected users of the ocean environ- ment, particularly fishing operations, of the possible hazards from contact with disposed military muni- tions and the proper methods to mitigate such haz- ards. ‘‘(c) RESEARCH.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall continue to conduct research on the effects on the ocean environment and those who use it of military munitions disposed of in coastal waters. ‘‘(2) SCOPE.—Research under paragraph (1) shall in- clude— ‘‘(A) the sampling and analysis of ocean waters and sea beds at or adjacent to military munitions disposal sites selected pursuant to paragraph (3) to determine whether the disposed military munitions have caused or are causing contamination of such waters or sea beds; ‘‘(B) investigation into the long-term effects of seawater exposure on disposed military munitions, particularly effects on chemical munitions; ‘‘(C) investigation into the impacts any such con- tamination may have on the ocean environment and those who use it, including public health risks; ‘‘(D) investigation into the feasibility of remov- ing or otherwise remediating the military muni- tions; and ‘‘(E) the development of effective safety measures for dealing with such military munitions. ‘‘(3) RESEARCH CRITERIA.—In conducting the re- search required by this subsection, the Secretary shall ensure that the sampling, analysis, and inves- tigations are conducted at representative sites, tak- ing into account factors such as depth, water tem- perature, nature of the military munitions present, and relative proximity to onshore populations. In conducting such research, the Secretary shall select at least two representative sites each in the areas of the Atlantic coast, the Pacific coast (including Alas- ka), and the Hawaiian Islands. ‘‘(4) AUTHORITY TO MAKE GRANTS AND ENTER INTO CO- OPERATIVE AGREEMENTS.—In conducting research under this subsection, the Secretary may make grants to, and enter into cooperative agreements with, qualified research entities. ‘‘(d) MONITORING.—If the historical review required by subsection (a) or the research required by subsection (c) indicates that contamination is being released into the ocean waters from disposed military munitions at a particular site or that the site poses a significant pub- lic health or safety risk, the Secretary of Defense shall institute appropriate monitoring mechanisms at that site and report to the congressional defense commit- tees [Committees on Armed Services and Appropria- tions of the Senate and the House of Representatives] on any additional measures that may be necessary to address the release or risk, as applicable. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘coastal waters’ means that part of the ocean extending from the coast line of the United States to the outer boundary of the outer Conti- nental Shelf. ‘‘(2) The term ‘coast line’ has the meaning given that term in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)). ‘‘(3) The term ‘military munitions’ has the meaning given that term in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)]. ‘‘(4) The term ‘outer Continental Shelf’ has the meaning given that term in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).’’ INITIAL INVENTORY Pub. L. 107–107, div. A, title III, § 311(b), Dec. 28, 2001, 115 Stat. 1051, provided that: ‘‘The requirements of sec- tion 2710 of title 10, United States Code, as added by subsection (a), shall be implemented as follows: Page 2179 TITLE 10—ARMED FORCES § 2712 ‘‘(1) The initial inventory required by subsection (a) of such section shall be completed not later than May 31, 2003. ‘‘(2) The proposed prioritization protocol required by subsection (b) of such section shall be available for public comment not later than November 30, 2002.’’ § 2711. Annual report on defense environmental programs (a) REPORT REQUIRED.—Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year. (b) ELEMENTS.—Each report under subsection (a) shall include, for the year covered by the re- port, the following: (1) With respect to environmental restora- tion activities of the Department of Defense, and for each of the military departments, in- formation on the Defense Environmental Res- toration Program under section 2701 of this title, including— (A) the total number of sites at which such program was carried out; (B) the progress of remediation for sites that have not yet completed cleanup; (C) the remaining cost to complete cleanup of known sites; and (D) an assessment by the Secretary of De- fense of the overall progress of such pro- gram. (2) An assessment by the Secretary of achievements for environmental conservation and planning by the Department. (3) An assessment by the Secretary of achievements for environmental compliance by the Department. (4) An assessment by the Secretary of achievements for climate resiliency by the De- partment. (5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department. (c) CONSOLIDATION.—The Secretary of Defense may consolidate, attach with, or otherwise in- clude in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental restoration, compliance, and resilience. (Added Pub. L. 112–81, div. A, title III, § 317(a), Dec. 31, 2011, 125 Stat. 1359; amended Pub. L. 117–263, div. A, title III, § 314(a), Dec. 23, 2022, 136 Stat. 2503.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to report required and definitions, respectively. Statutory Notes and Related Subsidiaries REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING Pub. L. 117–263, div. B, title XXVIII, § 2853, Dec. 23, 2022, 136 Stat. 3009, provided that: ‘‘(a) INITIAL REPORT.—Not later than January 1, 2025, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Represent- atives] a report that includes— ‘‘(1) a list of military installations (including Gov- ernment-owned family housing facilities), military housing, and privatized military housing projects that, as of the date of the report, are being serviced by lead service lines or lead plumbing for the pur- poses of receiving drinking water; ‘‘(2) an evaluation of whether military installations and privatized military housing projects are in com- pliance with the Lead and Copper Rule and, to the ex- tent that such installations and projects are not in compliance, an identification of— ‘‘(A) the name and location of each such installa- tion or project that is not in compliance; and ‘‘(B) the timeline and plan for bringing each such installation or project into compliance; and ‘‘(3) an identification of steps and resources needed to remove any remaining lead plumbing from mili- tary installations and housing. ‘‘(b) INCLUSION OF INFORMATION IN ANNUAL REPORT.— If, after reviewing the initial report required under sub- section (a), the Secretary of Defense finds that any military installation or privatized family housing project is not in compliance with the Lead and Copper Rule, the Secretary shall include in the annual report on defense environmental programs required under sec- tion 2711 of title 10, United States Code, for each year after the year in which the initial report is submitted, an update on the efforts of the Secretary, including ne- gotiations with privatized military family housing pro- viders, to fully comply with the Lead and Copper Rule.’’ § 2712. Reporting on usage and spills of aqueous film-forming foam (a) IN GENERAL.—Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the usage or spill of aqueous film forming foam, either as concentrate or mixed foam, at any military in- stallation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives no- tice of a usage or spill of greater than 10 gallons of concentrate, or greater than 300 gallons of mixed foam. Each such notice shall include each of the following information: (1) The name of the installation where the usage or spill occurred. (2) The date on which the usage or spill oc- curred. (3) The amount, type, and specified con- centration of aqueous film-forming foam that was used or spilled. (4) The cause of the usage or spill. (5) A summary narrative of the usage or spill. (b) ACTION PLAN.—Not later than 60 days after submitting notice of a usage or spill under sub- section (a), the Deputy Assistant Secretary shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives an action plan for addressing such usage or spill. The action plan shall include the fol- lowing: (1) A description of what actions have been taken to arrest and clean up a spill. (2) A description of any coordination with relevant local and State environmental pro- tection agencies.