Pub. L. 103-337, div. A, tit. III, subtit. C, sec. 326

ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL RESTORATION ACTIVITIES.

EnactedYear: 1994Length: 964 wordsOfficial source
SEC. 326. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL RESTORATION ACTIVITIES. (a) Establishment of Restoration Advisory Boards.— Section 2705 of title 10, United States Code, is amended by adding at the end the following new subsection: “(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) 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. “(3) 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).”. (b) Assistance for Citizen Participation on Technical Review Boards and Restoration Advisory Boards.— Such section is further amended by adding after subsection (d), as added by subsection (a), the following new subsection: “(e) Assistance for Citizen Participation.— (1) Using funds made available under paragraph (3), the Secretary may make technical assistance grants under section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)) in connection with installations containing facilities listed on the National Priorities List. “(2) (A) Subject to subparagraph (B), the Secretary shall make available under paragraph (3) funds to facilitate the participation of individuals from the private sector on technical review committees and restoration advisory boards at installations not covered by paragraph (1) for the purpose of ensuring public input into the planning and implementation of environmental restoration activities at the installations for which such committees and boards are in operation. “(B) The private individuals who are members of a committee or advisory board are eligible for funding assistance under this paragraph only if they reside in the vicinity of the installation (or installations) for which the committee or advisory board is established and are not potentially responsible parties with respect to environmental hazards at any installation. Funds shall be paid to, and administered by, the committee or advisory board on which the private individuals are members for accounting and financial management purposes, subject to subparagraph (C). “(C) Individuals who are local community members of a technical review committee or restoration advisory board may use funds made available under this paragraph only— “(i) to obtain technical assistance in interpreting scientific and engineering issues with regard to the nature of environmental hazards at an installation and the restoration activities proposed for or conducted at the installation; and 108 STAT. 2713 “(ii) to assist such members and affected citizens to participate more effectively in environmental restoration activities at the installation. “(D) The members of a technical review committee or restoration advisory board may use funds made available under this paragraph to employ technical or other experts, in accordance with the regulations prescribed under subsection (d)(2). “(3) (A) Subject to subparagraph (B), the Secretary shall make funds available under this subsection using funds in the following accounts: “(i) In the case of a military installation not closed pursuant to a base closure law, the Defense Environmental Restoration Account established in section 2703(a) of this title. “(ii) In the case of a technical review committee or restoration advisory board established for a military installation to be closed, 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). “(B) The total amount of funds available under this subsection for fiscal year 1995 may not exceed $7,500,000.”. (c) Involvement of Committees and Boards in Defense Environmental Restoration Program.— Such section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection: “(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 tie installation or installations. “(5) Developing environmental restoration strategies for the installation or installations.”. (d) Implementation Requirements.— 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). (e) Report.— Not later than May 1, 1996, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding— (1) the establishment of restoration advisory boards under subsection (d) of section 2705 of title 10, United States Code, as added by subsection (a); and 108 STAT. 2714 (2) the expenditure of funds for assistance for citizen participation on technical review committees and restoration advisory boards under subsection (e) of such section, as added by subsection (b).
Pub. L. 103-337, div. A, tit. III, subtit. C, sec. 326: ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL RESTORATION ACTIVITIES. | Justis AI