2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 2201 - 2925)
Chapter 160 - ENVIRONMENTAL RESTORATION (§§ 2700 - 2711)
Section 2703 - Environmental restoration accounts
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 160 - ENVIRONMENTAL RESTORATION Sec. 2703 - Environmental restoration accounts |
Contains | section 2703 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 99-499, title II, §211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722; amended Pub. L. 103-337, div. A, title III, §321, Oct. 5, 1994, 108 Stat. 2710; Pub. L. 104-106, div. A, title III, §322, Feb. 10, 1996, 110 Stat. 252; Pub. L. 104-201, div. A, title III, §322(a)(1), Sept. 23, 1996, 110 Stat. 2477; Pub. L. 106-65, div. A, title III, §321, title X, §1066(a)(27), Oct. 5, 1999, 113 Stat. 560, 772; Pub. L. 106-398, §1 [[div. A], title III, §§311, 312], Oct. 30, 2000, 114 Stat. 1654, 1654A-53, 1654A-54; Pub. L. 107-107, div. A, title III, §312, Dec. 28, 2001, 115 Stat. 1051; Pub. L. 108-136, div. A, title III, §313(a), Nov. 24, 2003, 117 Stat. 1430; Pub. L. 108-375, div. A, title X, §1084(d)(26), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109-163, div. A, title III, §312(b), title X, §1056(c)(7), Jan. 6, 2006, 119 Stat. 3191, 3439; Pub. L. 109-364, div. A, title X, §1071(a)(23), Oct. 17, 2006, 120 Stat. 2399. |
Statutes at Large References | 100 Stat. 1722 108 Stat. 2710 110 Stat. 252, 2477 113 Stat. 560 114 Stat. 1654 115 Stat. 1051 117 Stat. 1430 118 Stat. 2063 119 Stat. 3191 120 Stat. 2399 |
Public Law References | Public Law 99-499, Public Law 103-337, Public Law 104-106, Public Law 104-201, Public Law 106-65, Public Law 106-398, Public Law 107-107, Public Law 108-136, Public Law 108-375, Public Law 109-163, Public Law 109-364 |
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(a)
(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)
(c)
(2) Funds authorized for deposit in an account under subsection (a) shall remain available until expended.
(d)
(e)
(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)
(g)
(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).
(h)
(Added Pub. L. 99–499, title II, §211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722; amended Pub. L. 103–337, div. A, title III, §321, Oct. 5, 1994, 108 Stat. 2710; Pub. L. 104–106, div. A, title III, §322, Feb. 10, 1996, 110 Stat. 252; Pub. L. 104–201, div. A, title III, §322(a)(1), Sept. 23, 1996, 110 Stat. 2477; Pub. L. 106–65, div. A, title III, §321, title X, §1066(a)(27), Oct. 5, 1999, 113 Stat. 560, 772; Pub. L. 106–398, §1 [[div. A], title III, §§311, 312], Oct. 30, 2000, 114 Stat. 1654, 1654A–53, 1654A–54; Pub. L. 107–107, div. A, title III, §312, Dec. 28, 2001, 115 Stat. 1051; Pub. L. 108–136, div. A, title III, §313(a), Nov. 24, 2003, 117 Stat. 1430; Pub. L. 108–375, div. A, title X, §1084(d)(26), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–163, div. A, title III, §312(b), title X, §1056(c)(7), Jan. 6, 2006, 119 Stat. 3191, 3439; Pub. L. 109–364, div. A, title X, §1071(a)(23), Oct. 17, 2006, 120 Stat. 2399.)
Amendments2006—Subsec. (b). Pub. L. 109–163, §1056(c)(7), substituted “In this subsection, the terms ‘discarded military munitions’ and” for “For purposes of the preceding sentence, the terms ‘unexploded ordnance’, ‘discarded military munitions’, and”.
Subsec. (g)(1). Pub. L. 109–163, §312(b)(1), substituted “Except as provided in subsection (h), the sole source” for “The sole source”.
Subsec. (h). Pub. L. 109–364 substituted “section 2701(d)(1)” for “subsection 2701(d)(1)”.
Pub. L. 109–163, §312(b)(2), added subsec. (h).
2004—Subsec. (b). Pub. L. 108–375 substituted “For purposes of the preceding sentence, the terms” for “The terms”.
2003—Subsec. (c)(1). Pub. L. 108–136, §313(a)(1), substituted “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.” for “only—
“(A) 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; and
“(B) to pay for the costs of permanently relocating a facility because of a release or threatened release of hazardous substances, pollutants, or contaminants from—
“(i) real property on which the facility is located and that is currently under the jurisdiction of the Secretary of Defense or the Secretary of a military department; or
“(ii) real property on which the facility is located and that was under the jurisdiction of the Secretary of Defense or the Secretary of a military department at the time of the actions leading to the release or threatened release.”
Subsec. (c)(2). Pub. L. 108–136, §313(a)(3), redesignated par. (4) as (2) and struck out second sentence which read as follows: “Not more than 5 percent of the funds deposited in an account under subsection (a) for a fiscal year may be used to pay relocation costs under paragraph (1)(B).”
Pub. L. 108–136, §313(a)(2), struck out par. (2) which read as follows: “The authority provided by paragraph (1)(B) expires September 30, 2003. The Secretary of Defense or the Secretary of a military department may not pay the costs of permanently relocating a facility under such paragraph unless the Secretary—
“(A) determines that permanent relocation—
“(i) is the most cost effective method of responding to the release or threatened release of hazardous substances, pollutants, or contaminants from the real property on which the facility is located;
“(ii) has the approval of relevant regulatory agencies; and
“(iii) is supported by the affected community; and
“(B) submits to Congress written notice of the determination before undertaking the permanent relocation of the facility, including a description of the response action taken or to be taken in connection with the permanent relocation and a statement of the costs incurred or to be incurred in connection with the permanent relocation.”
Subsec. (c)(3). Pub. L. 108–136, §313(a)(2), struck out par. (3) which read as follows: “If relocation costs are to be paid under paragraph (1)(B) with respect to a facility located on real property described in clause (ii) of such paragraph, the Secretary of Defense or the Secretary of the military department concerned may use only fund transfer mechanisms otherwise available to the Secretary.”
Subsec. (c)(4). Pub. L. 108–136, §313(a)(3), redesignated par. (4) as (2).
2001—Subsecs. (b) to (g). Pub. L. 107–107 added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.
2000—Subsec. (a)(5). Pub. L. 106–398, §1 [[div. A], title III, §311(a)], added par. (5).
Subsec. (b). Pub. L. 106–398, §1 [[div. A], title III, §312], amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Funds authorized for deposit in an account under subsection (a) may be obligated or expended from the account only in order 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. Funds so authorized shall remain available until expended.”
Subsec. (f). Pub. L. 106–398, §1 [[div. A], title III, §311(b)], added subsec. (f).
1999—Subsec. (c). Pub. L. 106–65, §1066(a)(27), struck out “United States Code,” after “title 31,”.
Subsec. (e). Pub. L. 106–65, §321, substituted “through 2010,” for “through 1999,” in two places.
1996—Pub. L. 104–201 substituted “accounts” for “transfer account” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (f) establishing the Defense Environmental Restoration Account and providing for deposits into and withdrawals from the Account.
Subsec. (e). Pub. L. 104–106 amended subsec. (e) generally, substituting
“(e)
“(1) Amounts recovered under CERCLA for response actions of the Secretary.
“(2) Any other amounts recovered by the Secretary or the Secretary of the military department concerned from a contractor, insurer, surety, or other person to reimburse the Department of Defense for any expenditure for environmental response activities.” for
“(e)
1994—Subsec. (f). Pub. L. 103–337 added subsec. (f).
Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title III, §313(a), Nov. 24, 2003, 117 Stat. 1430, provided that the amendment made by that section is effective Oct. 1, 2003.
Effective Date of 1996 AmendmentSection 322(e) of Pub. L. 104–201 provided that: “The amendments made by this section [amending this section and section 2705 of this title] shall take effect on the later of—
“(1) October 1, 1996; or
“(2) the date of the enactment of this Act [Sept. 23, 1996].”
Effective DateSection 211(c) of Pub. L. 99–499 provided that: “Section 2703(a)(2) of title 10, United States Code, as added by subsection (a), shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1986.”
Effect of Amendment by Pub. L. 108–136 on Existing AgreementsPub. L. 108–136, div. A, title III, §313(b), Nov. 24, 2003, 117 Stat. 1430, provided that: “An agreement in effect on September 30, 2003, under section 2703(c)(1)(B) of title 10, United States Code, as in effect on that date, to pay for the costs of permanently relocating a facility because of a release or threatened release of hazardous substances, pollutants, or contaminants shall remain in effect after that date, subject to the terms of the agreement, and costs may be paid in accordance with the terms of the agreement, notwithstanding the amendments made by subsection (a) [amending this section].”
References to Defense Environmental Restoration AccountSection 322(b) of Pub. L. 104–201 provided that: “Any reference to the Defense Environmental Restoration Account in any Federal law, Executive Order, regulation, delegation of authority, or document shall be deemed to refer to the appropriate environmental restoration account established under section 2703(a)(1) of title 10, United States Code (as amended by subsection (a)(1)).”
Unobligated Balances in Defense Environmental Restoration AccountSection 322(d) of Pub. L. 104–201 provided that: “Any unobligated balances that remain in the Defense Environmental Restoration Account under section 2703(a) of title 10, United States Code, as of the effective date specified in subsection (e) [Oct. 1, 1996] shall be transferred on such date to the Environmental Restoration Account, Defense, established under section 2703(a)(1) of title 10, United States Code (as amended by subsection (a)(1)).”
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