
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2705]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 160--ENVIRONMENTAL RESTORATION
 
Sec. 2705. Notice of environmental restoration activities

    (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.
    (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 or restoration advisory board for an 
installation, 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 for the committee or 
advisory board, as the case may be, from private sector sources 
technical assistance for interpreting 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 or restoration advisory 
board only if--
        (A) the technical review committee or restoration advisory board 
    demonstrates that the Federal, State, and local agencies responsible 
    for overseeing environmental restoration at the installation, and 
    available Department of Defense personnel, do not have the technical 
    expertise necessary for achieving the objective for which the 
    technical assistance is to be obtained; or
        (B) the technical assistance--
            (i) is likely to contribute to the efficiency, 
        effectiveness, or timeliness of environmental restoration 
        activities at the installation; and
            (ii) is likely to contribute to community acceptance of 
        environmental restoration activities at the installation.

    (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.
        (2) In the case of an installation approved for closure pursuant 
    to such a law, the Department of Defense Base Closure Account 1990 
    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 note).

    (h) Definition.--In this section, the term ``base closure law'' 
means the following:
        (1) Title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
    note).
        (2) The Defense Base Closure and Realignment Act of 1990 (part A 
    of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
        (3) Section 2687 of this title.

(Added Pub. L. 99-499, title II, Sec. 211(a)(1)(B), Oct. 17, 1986, 100 
Stat. 1724; amended Pub. L. 103-337, div. A, title III, Sec. 326(a)-(c), 
Oct. 5, 1994, 108 Stat. 2712, 2713; Pub. L. 104-106, div. A, title III, 
Sec. 324(a)-(d)(1), (e), Feb. 10, 1996, 110 Stat. 252-254; Pub. L. 104-
201, div. A, title III, Sec. 322(c), Sept. 23, 1996, 110 Stat. 2479.)


                               Amendments

    1996--Subsec. (d)(2). Pub. L. 104-106, Sec. 324(a), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``The Secretary 
shall prescribe regulations regarding the characteristics, composition, 
funding, and establishment of restoration advisory boards pursuant to 
this subsection. However, the issuance of regulations shall not be a 
precondition to the establishment of a restoration advisory board or 
affect the existence or operation of a restoration advisory board 
established before the date of the enactment of this section.''
    Subsec. (d)(3). Pub. L. 104-106, Sec. 324(b), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``The Secretary 
may provide for the payment of routine administrative expenses of a 
restoration advisory board from funds available for the operation and 
maintenance of the installation (or installations) for which the board 
is established or from the funds available under subsection (e)(3).''
    Subsec. (e). Pub. L. 104-106, Sec. 324(c), added subsec. (e) and 
struck out former subsec. (e) which authorized Secretary to make 
technical assistance grants under section 9617(e) of title 42 in 
connection with installations containing facilities listed on the 
National Priorities List and to make funds available to facilitate 
participation on technical review committees and restoration advisory 
boards relating to environmental restoration activities at other 
installations.
    Subsec. (g). Pub. L. 104-106, Sec. 324(d)(1), added subsec. (g).
    Subsec. (g)(1). Pub. L. 104-201 substituted ``the environmental 
restoration account concerned'' for ``the Defense Environmental 
Restoration Account established''.
    Subsec. (h). Pub. L. 104-106, Sec. 324(e), added subsec. (h).
    1994--Subsecs. (d) to (f). Pub. L. 103-337 added subsecs. (d) to 
(f).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 
322(e) of Pub. L. 104-201, set out as a note under section 2703 of this 
title.


       Implementation Requirements for Restoration Advisory Boards

    Section 326(d) of Pub. L. 103-337 provided that: ``Not later than 
180 days after the date on which the Secretary of Defense announces a 
decision to establish restoration advisory boards, the Secretary shall--
        ``(1) prescribe the regulations required under subsection (d)(2) 
    of section 2705 of title 10, United States Code, as added by 
    subsection (a); and
        ``(2) take appropriate actions to notify the public of the 
    availability of funding under subsection (e) of such section, as 
    added by subsection (b).''


    Report on Restoration Advisory Boards and Assistance for Citizen 
                 Participation on Committees and Boards

    Section 326(e) of Pub. L. 103-337 directed Secretary of Defense to 
submit, not later than May 1, 1996, report regarding establishment of 
restoration advisory boards under subsections (d) and (e) of this 
section and the expenditure of funds for assistance for citizen 
participation on technical review committees under subsection (e) of 
this section.


     Restrictions on Administrative and Technical Assistance Funding

    Section 324(d)(2) of Pub. L. 104-106 provided that:
    ``(2)(A) Subject to subparagraph (B), the total amount of funds made 
available under section 2705(g) of title 10, United States Code, as 
added by paragraph (1), for fiscal year 1996 may not exceed $6,000,000.
    ``(B) Amounts may not be made available under subsection (g) of such 
section 2705 after September 15, 1996, unless the Secretary of Defense 
publishes proposed final or interim final regulations required under 
subsection (d) of such section, as amended by subsection (a).''

                  Section Referred to in Other Sections

    This section is referred to in section 2706 of this title.
