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10 U.S.C. § 2694 (ARMED FORCES)
§ 2694. Conservation and cultural activities
(a) Establishment.—
The Secretary of Defense may establish and carry out a program to conduct and manage in a coordinated manner the conservation and cultural activities described in subsection (b).
(b) Activities.—
(1) A conservation or cultural activity eligible for the program that the Secretary establishes under subsection (a) is any activity—
(A) that has regional or Department of Defense-wide significance and that involves more than one military department;
(B) that is necessary to meet legal requirements or to support military operations;
(C) that can be more effectively managed at the Department of Defense level; and
(D) for which no executive agency has been designated responsible by the Secretary.
(2) Such activities include the following:
(A) The development of ecosystem-wide land management plans.
(B) The conduct of wildlife studies to ensure the safety and sustainability of military operations.
(C) The identification and return of Native American human remains and cultural items in the possession or control of the Department of Defense, or discovered on land under the jurisdiction of the Department, to the appropriate Native American tribes.
(D) The control of invasive species that may hinder military activities or degrade military training ranges.
(E) The establishment of a regional curation system for artifacts found on military installations.
(F) The implementation of ecosystem-wide land management plans—
(i) for a single ecosystem that encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and
(ii) providing synergistic benefits unavailable if the installations acted separately.
(c) Cooperative Agreements.—
The Secretary may negotiate and enter into cooperative agreements with public and private agencies, organizations, institutions, individuals, or other entities to carry out the program established under subsection (a).
(d) Effect on Other Laws.—
Nothing in this section shall be construed or interpreted as preempting any otherwise applicable Federal, State, or local law or regulation relating to the management of natural and cultural resources on military installations.
(Added Pub. L. 104–201, div. A, title III, § 332(a)(1), Sept. 23, 1996, 110 Stat. 2484; amended Pub. L. 105–85, div. A, title X, § 1073(a)(59), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 112–81, div. B, title XXVIII, § 2814, Dec. 31, 2011, 125 Stat. 1688.)
heading: Amendments
text: 2011—Subsec. (b)(2)(B). Pub. L. 112–81, § 2814(1), inserted “and sustainability” after “safety”.
Subsec. (b)(2)(F). Pub. L. 112–81, § 2814(2), added subpar. (F).
1997—Subsec. (b)(1)(D). Pub. L. 105–85 substituted “executive agency” for “executive ageny”.
heading: Effective Date
text: Pub. L. 104–201, div. A, title III, § 332(b), Sept. 23, 1996, 110 Stat. 2485, provided that: “Section 2694 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1996.”
10 U.S.C. § 2694b (ARMED FORCES)
§ 2694b. Participation in wetland mitigation banks
(a) Authority to Participate.—
The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66913; November 7, 2000), or any successor administrative guidance or regulation.
(b) Alternative to Creation of Wetland.—
Participation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.
(c) Treatment of Payments.—
Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.
(Added Pub. L. 108–136, div. A, title III, § 314(a)(1), Nov. 24, 2003, 117 Stat. 1430.)
10 U.S.C. § 2695 (ARMED FORCES)
§ 2695. Acceptance of funds to cover administrative expenses relating to certain real property transactions
(a) Authority To Accept.—
In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Secretary of a military department may accept amounts provided by the person or entity to cover administrative expenses incurred by the Secretary in entering into the transaction.
(b) Covered Transactions.—
Subsection (a) applies to the following transactions involving real property under the control of the Secretary of a military department:
(1) The exchange of real property.
(2) The grant of an easement over, in, or upon real property of the United States.
(3) The lease or license of real property of the United States.
(4) The disposal of real property of the United States for which the Secretary will be the disposal agent.
(5) The conveyance of real property under section 2694a of this title.
(c) Use of Amounts Collected.—
Amounts collected under subsection (a) for administrative expenses shall be credited to the appropriation, fund, or account from which the expenses were paid. Amounts so credited shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limitations as the funds with which merged.
(Added Pub. L. 105–85, div. B, title XXVIII, § 2813(a), Nov. 18, 1997, 111 Stat. 1993; amended Pub. L. 106–65, div. B, title XXVIII, § 2813, Oct. 5, 1999, 113 Stat. 851; Pub. L. 107–314, div. B, title XXVIII, § 2812(b), Dec. 2, 2002, 116 Stat. 2709.)
heading: Amendments
text: 2002—Subsec. (b)(5). Pub. L. 107–314 added par. (5).
1999—Subsec. (b). Pub. L. 106–65 inserted “involving real property under the control of the Secretary of a military department” after “transactions” in introductory provisions and added par. (4).
heading: Administrative Costs of Land Conveyances
text: Pub. L. 106–541, title II, § 226, Dec. 11, 2000, 114 Stat. 2598, provided that: “Notwithstanding any other provision of law, the administrative costs associated with the conveyance of property by the Secretary to a non-Federal governmental or nonprofit entity shall be limited to the extent that the Secretary determines that such limitation is necessary to complete the conveyance based on the entity’s ability to pay.”
10 U.S.C. § 2697 (ARMED FORCES)
§ 2697. Acceptance and use of landing fees charged for use of domestic military airfields by civil aircraft
(a) Authority.—
The Secretary of a military department may impose landing fees for the use by civil aircraft of domestic military airfields under the jurisdiction of that Secretary and may use any fees received under this section as a source of funding for the operation and maintenance of airfields of that department.
(b) Uniform Landing Fees.—
The Secretary of Defense shall prescribe the amount of the landing fees that may be imposed under this section. Such fees shall be uniform among the military departments.
(c) Use of Proceeds.—
Amounts received for a fiscal year in payment of landing fees imposed under this section for the use of a military airfield shall be credited to the appropriation that is available for that fiscal year for the operation and maintenance of that military airfield, shall be merged with amounts in the appropriation to which credited, and shall be available for that military airfield for the same period and purposes as the appropriation is available.
(d) Limitation.—
The Secretary of a military department shall determine whether consideration for a landing fee has been received in a lease, license, or other real estate agreement for an airfield and shall use such a determination to offset appropriate amounts imposed under subsection (a) for that airfield.
(Added Pub. L. 111–383, div. A, title III, § 341(a), Jan. 7, 2011, 124 Stat. 4189.)
10 U.S.C. § 2700 (ARMED FORCES)
§ 2700. Definitions
In this chapter:
(1) The term “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(2) The terms “environment”, “facility”, “hazardous substance”, “person”, “pollutant or contaminant”, “release”, “removal”, “response”, “disposal”, and “hazardous waste” have the meanings given those terms in section 101 of CERCLA (42 U.S.C. 9601).
(3) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1725, § 2707; renumbered § 2700 and amended Pub. L. 107–314, div. A, title III, § 313(a)(1), (c)(1), Dec. 2, 2002, 116 Stat. 2507; Pub. L. 111–383, div. A, title X, § 1075(b)(46)(A), Jan. 7, 2011, 124 Stat. 4371.)
heading: References in Text
text: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in par. (1), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 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 9601 of Title 42 and Tables.
heading: Amendments
text: 2011—Par. (2). Pub. L. 111–383 inserted “ ‘pollutant or contaminant’,” after “ ‘person’,”.
2002—Pub. L. 107–314, § 313(c)(1), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Pub. L. 107–314, § 313(a)(1), renumbered section 2707 of this title as this section.
10 U.S.C. § 2706 (ARMED FORCES)
[§ 2706. Repealed. Pub. L. 112–81, div. A, title X, § 1061(22)(A), Dec. 31, 2011, 125 Stat. 1584]
text: Section, added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1724; amended Pub. L. 101–189, div. A, title III, § 357(a)(1), (2)(A), Nov. 29, 1989, 103 Stat. 1426, 1427; Pub. L. 101–510, div. A, title III, §§ 341, 342(a), Nov. 5, 1990, 104 Stat. 1536, 1537; Pub. L. 103–160, div. A, title X, § 1001(a)–(d), Nov. 30, 1993, 107 Stat. 1742–1744; Pub. L. 103–337, div. A, title X, § 1070(b)(9), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 104–106, div. A, title III, § 324(f), Feb. 10, 1996, 110 Stat. 254; Pub. L. 104–201, div. A, title III, § 321, Sept. 23, 1996, 110 Stat. 2477; Pub. L. 105–85, div. A, title III, §§ 344(a), 345, Nov. 18, 1997, 111 Stat. 1688; Pub. L. 105–261, div. A, title III, § 325, Oct. 17, 1998, 112 Stat. 1965; Pub. L. 106–65, div. A, title III, §§ 322, 323(c)(1), Oct. 5, 1999, 113 Stat. 560, 563; Pub. L. 107–107, div. A, title III, § 315, Dec. 28, 2001, 115 Stat. 1053; Pub. L. 109–163, div. A, title III, § 311, Jan. 6, 2006, 119 Stat. 3190, related to annual reports by the Secretary of Defense to Congress regarding environmental restoration activities, environmental quality programs and other environmental activities, and the Department of Defense’s environmental technology program.
10 U.S.C. § 2707 (ARMED FORCES)
§ 2707. Environmental restoration projects for environmental responses
(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.)
heading: Prior Provisions
text: A prior section 2707 was renumbered section 2700 of this title.
10 U.S.C. § 2709 (ARMED FORCES)
§ 2709. Investment control process for environmental technologies
(a) Investment Control Process.—
The Secretary of Defense shall ensure that the technology planning process developed to implement section 2501 of this title and section 270(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2469) provides for an investment control process for the selection, prioritization, management, and evaluation of environmental technologies by the Department of Defense, the military departments, and the Defense Agencies.
(b) Planning and Evaluation.—
The environmental 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 officials responsible for the environmental security programs of the Department of Defense and the military departments, in the selection and prioritization of environmental technologies.
(2) The development of measurable performance goals and objectives for the management and development of environmental technologies 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.)
heading: References in Text
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), is set out as a note under section 2501 of this title.
heading: Purposes of Section 323 of Pub. L. 106–65
text: 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 performance-based results in the management of environmental technology by providing a connection between program direction and the achievement of specific performance-based results;
“(2) to assure the identification of end-user requirements for environmental technology within the military departments;
“(3) to assure results, quality of effort, and appropriate levels of service and support for end-users of environmental technology within the military departments; and
“(4) to promote improvement in the performance of environmental technologies by establishing objectives for environmental technology programs, measuring performance against such objectives, and making public reports on the progress made in such performance.”
10 U.S.C. § 2722 (ARMED FORCES)
§ 2722. Theft or loss of ammunition, destructive devices, and explosives: report to Secretary of the Treasury
(a) In General.—
The Secretary of Defense shall report the theft or other loss of any ammunition, destructive device, or explosive material from the stocks of the Department of Defense to the Secretary of the Treasury within 72 hours, if possible, after the discovery of such theft or loss.
(b) Exclusion for Certain Items.—
The Secretary of Defense may exclude from the reporting requirement under subsection (a) any item referred to in that subsection if—
(1) the Secretary determines that the item represents a low risk of danger to the public and would be of minimal utility to any person who may illegally receive such item; and
(2) the exclusion of such item is specified as being excluded from the reporting requirement in a memorandum of agreement between the Secretary of Defense and the Secretary of the Treasury.
(c) Definitions.—
In this section:
(1) The term “explosive material” means explosives, blasting agents, and detonators.
(2) The terms “destructive device” and “ammunition” have the meanings given those terms by paragraphs (4) and (17), respectively, of section 921(a) of title 18.
(Added Pub. L. 100–456, div. A, title III, § 344(a), Sept. 29, 1988, 102 Stat. 1961; amended Pub. L. 109–364, div. A, title X, § 1071(a)(24), Oct. 17, 2006, 120 Stat. 2399.)
heading: Amendments
text: 2006—Subsec. (c)(2). Pub. L. 109–364 substituted “921(a)” for “921”.
heading: Effective Date
text: Pub. L. 100–456, div. A, title III, § 344(c), Sept. 29, 1988, 102 Stat. 1962, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect with respect to thefts and losses discovered more than 180 days after the date of the enactment of this Act [Sept. 29, 1988].”
10 U.S.C. § 2731 (ARMED FORCES)
§ 2731. Definition
In this chapter, “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
(Aug. 10, 1956, ch. 1041, 70A Stat. 152.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2731
[No source].
[No source].
The revised section is inserted for clarity and is based on usage in the source laws for this revised chapter.
heading: Report on Department Policy on Payment of Claims for Loss of Personal Property
text: Pub. L. 105–85, div. A, title X, § 1013(b), Nov. 18, 1997, 111 Stat. 1874, provided that: “The Secretary of Defense shall submit to Congress a report describing the Department of Defense policy regarding the payment of a claim by a member of the Armed Forces who is not assigned to quarters of the United States for losses and damage to personal property of the member incurred at the member’s residence as a result of a natural disaster. The report shall include a description of the number of such claims received over the past 10 years, the number of claims paid, and the number of claims rejected. If the Secretary determines the Department of Defense should modify its policy in order to accept additional claims by members who are not assigned to quarters of the United States for losses and damage to personal property, the Secretary shall also include in the report any legislative changes that the Secretary considers necessary to enable the Secretary to implement the policy change.”
heading: Public Health Service
text: Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare.
heading: National Oceanic and Atmospheric Administration
text: Authority vested by sections 2731, 2732, and 2735 of this title in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or his designee, see section 3071 of Title 33, Navigation and Navigable Waters.
10 U.S.C. § 2732 (ARMED FORCES)
§ 2732. Payment of claims: availability of appropriations
Appropriations available to the Department of Defense for operation and maintenance may be used for payment of claims authorized by law to be paid by the Department of Defense (except for civil functions), including—
(1) claims for damages arising under training contracts with carriers; and
(2) repayment of amounts determined by the Secretary concerned to have been erroneously collected—
(A) from military and civilian personnel of the Department of Defense; or
(B) from States or territories or the District of Columbia (or members of the National Guard units thereof).
(Added Pub. L. 101–510, div. A, title XIV, § 1481(j)(1), Nov. 5, 1990, 104 Stat. 1708.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 100–463, title VIII, § 8098, Oct. 1, 1988, 102 Stat. 2270–35, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(j)(3).
A prior section 2732, acts Aug. 10, 1956, ch. 1041, 70A Stat. 152; Sept. 2, 1958, Pub. L. 85–861, §§ 1(53), 33(a)(16), 72 Stat. 1461, 1565; Sept. 15, 1965, Pub. L. 89–185, § 1, 79 Stat. 789, related to settlement of property loss incident to service, prior to repeal by Pub. L. 88–558, § 5(3), Aug. 31, 1964, 78 Stat. 768, effective two years from Aug. 31, 1964. See section 3701 et seq. of Title 31, Money and Finance.
10 U.S.C. § 2735 (ARMED FORCES)
§ 2735. Settlement: final and conclusive
Notwithstanding any other provision of law, the settlement of a claim under section 2733, 2734, 2734a, 2734b, or 2737 of this title is final and conclusive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 155; Pub. L. 88–558, § 5(1), Aug. 31, 1964, 78 Stat. 768; Pub. L. 92–413, Aug. 29, 1972, 86 Stat. 649.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
2735
31:222c (1st sentence of (e)).
31:223b (4th sentence).
31:224d (last proviso).
May 29, 1945, ch. 135, § 1 (e) (1st sentence); restated July 3, 1952, ch. 548, § 1 (1st sentence of last par.), 66 Stat. 323.
July 3, 1943, ch. 189, § 1 (4th sentence), 57 Stat. 373.
Jan. 2, 1942, ch. 645, § 1 (last proviso); restated Apr. 22, 1943, ch. 67, § 1 (last proviso), 57 Stat. 67.
The words “for all purposes” and “to the contrary”, in each source credit; “by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Defense, or their designees” and “such regulations as they, respectively, may prescribe hereunder”, in 31:222c(e); “by the Secretary of the Army, or his designee” and “such regulations as he may prescribe hereunder”, in 31:223b; and “by such Commissions”, in 31:224d; are omitted as surplusage.
heading: Amendments
text: 1972—Pub. L. 92–413 inserted reference to sections 2734a, 2734b, and 2737 of this title.
1964—Pub. L. 88–558 struck out reference to section 2732.
heading: Effective Date of 1964 Amendment
text: Pub. L. 88–558, § 5, Aug. 31, 1964, 78 Stat. 768, provided that the amendment made by that section is effective two years from Aug. 31, 1964.
heading: Repeals
text: The directory language of, but not the amendment made by, Pub. L. 88–558, Aug. 31, 1964, 78 Stat. 767, cited as a credit to this section and in the Effective Date of 1964 Amendment note above, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068.