(a) Environmental Restoration Projects Authorized.—The Secretary of Defense or the Secretary of a military department may carry out an environmental restoration project if that Secretary determines that the project is necessary to carry out a response under this chapter or CERCLA.
(b) Treatment of Project.—Any construction, development, conversion, or extension of a structure, and any installation of equipment, that is included in an environmental restoration project under this section may not be considered military construction (as that term is defined in section 2801(a) of this title).
(c) Source of Funds.—Funds authorized for deposit in an account established by section 2703(a) of this title shall be the only source of funds to conduct an environmental restoration project under this section.
(d) Environmental Restoration Project Defined.—In this section, the term “environmental restoration project” includes any construction, development, conversion, or extension of a structure, or installation of equipment, in direct support of a response.
(Added Pub. L. 107–314, div. A, title III, § 313(a)(2), Dec. 2, 2002, 116 Stat. 2507; amended Pub. L. 116–92, div. A, title III, § 316(a), Dec. 20, 2019, 133 Stat. 1304; Pub. L. 116–283, div. A, title III, § 314(a), Jan. 1, 2021, 134 Stat. 3514; Pub. L. 118–31, div. A, title III, § 312(f)(1), Dec. 22, 2023, 137 Stat. 215.)
Editorial Notes
Prior ProvisionsA prior section 2707 was renumbered section 2700 of this title.
Amendments2023—Subsec. (e). Pub. L. 118–31 struck out subsec. (e). Text read as follows:
“(1) Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, the Secretary concerned may use funds described in subsection (c) to carry out an environmental restoration project at a facility where military activities are conducted by the National Guard of a State under title 32 in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA.
“(2) The Secretary concerned may use the authority under section 2701(d) of this title to carry out environmental restoration projects under paragraph (1).”
2021—Subsec. (e). Pub. L. 116–283 designated existing provisions as par. (1), inserted “where military activities are conducted by the National Guard of a State under title 32” after “facility”, and added par. (2).
2019—Subsec. (e). Pub. L. 116–92 added subsec. (e).
Statutory Notes and Related Subsidiaries
Savings ClauseNothing in amendment by section 316 of Pub. L. 116–92 to affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), see section 316(d) of Pub. L. 116–92, set out as a note under section 2700 of this title.