Page:United States Statutes at Large Volume 116 Part 4.djvu/79

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PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2507 point of contact in the Department of Defense for policy and budgeting issues involving the characterization, remediation, and management of explosive and related risks with respect to unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (as such terms are defined in section 2710 of this title) that pose a threat to human health or safety. "(2) The authority to establish the program manager may be delegated to the Secretary of a military department, who may delegate the authority to the Under Secretary of that military department. The authority may not be further delegated. "(3) The program manager may establish an independent advisory and review panel that may include representatives of the National Academy of Sciences, nongovernmental organizations with expertise regarding unexploded ordnance, discarded military munitions, or munitions constituents, the Environmental Protection Agency, States (as defined in section 2710 of this title), and tribal governments. If established, the panel shall report annually to Congress on progress made by the Department of Defense to address unexploded ordnance, discarded military munitions, or munitions constituents at defense sites and make such recommendations as the panel considers appropriate.". SEC. 313. AUTHORITY TO CARRY OUT CONSTRUCTION PROJECTS FOR ENVIRONMENTAL RESPONSES. (a) RESTATEMENT AND MODIFICATION OF AUTHORITY.—Chapter 160 of title 10, United States Code, is amended— (1) by redesignating section 2707 as section 2700 and transferring such section to appear immediately after the table of sections at the beginning of such chapter; and (2) by inserting after section 2706 the following new section 2707: "§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.". (b) REPEAL OF SUPERSEDED PROVISION.— Section 2810 of such title is repealed. (c) CONFORMING AMENDMENTS. — Chapter 160 of such title is further amended— (1) in section 2700 (as redesignated by subsection (a))—