10 U.S.C. § 2815a — Stormwater management, shoreline erosion control, and water resilience projects for installations and defense access roads
submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 942 words · no verdicts yet
This section authorizes stormwater, shoreline-erosion, and water-resilience projects connected to military installations and defense access roads. It lists allowed funding paths, priorities, activities, coordination duties, reports, and definitions.
(a) Authorized projects. The Secretary concerned may carry out: (1) stormwater management to improve installation, defense-access-road, or other essential supporting civilian infrastructure resilience and protect nearby waterways and stormwater-stressed ecosystems; (2) shoreline erosion control to improve, protect, or repair shoreline protecting installation or defense-access-road infrastructure; and (3) water storage and filtration, flood mitigation, or other water-resilience projects.
(b) Methods and funding. Using amounts provided in advance by appropriations Acts, a project may be or be part of (1) an authorized military construction project; (2) an unspecified minor project under section 2805, including operation-and-maintenance funds subject to section 2805(c); (3) an installation-resilience project under section 2815, including operation-and-maintenance funds subject to section 2815(e)(3); (4) a defense-community infrastructure resilience project under section 2391(d); (5) a project under section 2684a; (6) a project under section 2914; (7) a reserve-component facility project under section 18233; or (8) a defense-access-road project under 23 U.S.C. 210.
(c) Priorities. The Secretary must prioritize proposals that minimize untreated stormwater entering fresh or tidal waters; protect installations and defense access roads from runoff and extreme-weather water levels; control shoreline erosion caused by waves, runoff, or extreme-weather water levels; or support installation water resilience.
(d) Activities may include installing, expanding, or refurbishing stormwater ponds and slowing, retaining, or filtering measures; permeable pavement; planters, tree boxes, cisterns, and rain gardens; capturing or storing stormwater; and sheet piles, riprap, armor stone, seawalls, natural plantings, or other shoreline-erosion technologies.
(e) Coordination. (1) For a project under this section and a related project under section 2391, 2684, 2815, or 2914, the Secretary must coordinate water access, management, conservation, security, and resilience. (2) The Assistant Secretary of Defense for Energy, Installations, and Environment must designate an official to coordinate these projects among the military departments*.
(f) Annual report. (1) Within 90 days after each fiscal year, each Secretary concerned must report to the committees on planned and active projects and projects completed in the prior fiscal year. (2) For each project, the report must state its title, location, work scope, original and current cost estimates; explain how it will improve resilience, protect waterways and ecosystems, protect infrastructure from shoreline erosion, or provide water storage, filtration, flood mitigation, or other water resilience; and include other appropriate information.
(g) Definitions. “Defense access road” means a road certified as important to national defense under 23 U.S.C. 210. “Facility” and “State” have the meanings in section 18232. “Military installation” includes a State-owned reserve-component facility. “Military installation resilience” has the meaning in section 101. “Secretary concerned” means the military-department Secretary for that Secretary’s installations, and the Defense Secretary for Defense Agency* matters and State-owned reserve-component facilities. “Water resilience” means an installation’s ability to reduce, respond to, or adapt to changes in water availability caused by human-made or natural events.
The Secretary concerned may carry out one or more of the following projects on or related to a military installation:
A stormwater management project for the purposes of—
improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and
protecting nearby waterways and stormwater-stressed ecosystems.
A shoreline erosion control project for the purpose of improving, protecting, or repairing shoreline to protect the infrastructure of a military installation or a defense access road.
A project to provide water storage and filtration, flood mitigation, or otherwise support water resilience.
Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a project under this section as, or as part of, any of the following:
An authorized military construction project.
An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section.
A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section.
A defense community infrastructure resilience project under section 2391(d) of this title.
A military installation resilience project under section 2684a of this title.
A construction project under section 2914 of this title.
A reserve component facility project under section 18233 of this title.
A defense access road project under section 210 of title 23.
In selecting projects to be carried out under this section, the Secretary concerned shall give a priority to a project proposal that—
minimizes the runoff of untreated stormwater into freshwater systems or tidal systems;
protects military installations and defense access roads from stormwater runoff and water levels resulting from extreme weather* conditions;
controls shoreline erosion control that involve the improvement, protection, or repair of shoreline subject to wave action or stormwater runoff and water levels resulting from extreme weather condition; or
supports water resilience at military installations.
Activities carried out as part of a project under this section may include, but are not limited to, the following:
The installation, expansion, or refurbishment of stormwater ponds and other water-slowing, retention, or filtration measures to address storm water management.
The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement.
The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff.
The capture or storage of stormwater for use in supporting water resilience at a military installation.
The use of sheet piles, riprap, armor stone, sea walls, natural plantings, or any other technologies created to address shoreline erosion control.
In the case of a project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391, 2684, 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects.
The Assistant Secretary of Defense for Energy, Installations, and Environment shall designate an official to be responsible for coordinating projects under this section among the military departments*.
Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees* a report describing—
the status of planned and active projects carried out by that Secretary under this section; and
all projects completed by the Secretary concerned during the previous fiscal year.
Each report shall include the following information with respect to each project described in the report:
The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
The rationale for how the project will—
improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation;
protect waterways and stormwater-stressed ecosystems;
improve, protect, or repair shoreline to protect infrastructure of a military installation or a defense access road from shoreline erosion; or
provide water storage and filtration, flood mitigation, or otherwise support water resilience.
Such other information as the Secretary concerned considers appropriate.
In this section:
The term “defense access road” means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23.
The terms “facility” and “State” have the meanings given those terms in section 18232 of this title.
The term “military installation” includes a facility of a reserve component owned by a State rather than the United States.
The term “military installation resilience” has the meaning given that term in section 101 of this title.
The term “Secretary concerned” means—
the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and
the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.
The term “water resilience” means the capacity of a military installation to mitigate, respond, or adapt to changes in water availability due to manmade or natural phenomena.
Source credit: (Added Pub. L. 117–81, div. B, title XXVIII, § 2803, Dec. 27, 2021, 135 Stat. 2186; amended Pub. L. 118–159, div. B, title XXVIII, § 2847, Dec. 23, 2024, 138 Stat. 2264.)
- 2021Enacted · Pub. L. 117-81 · 135 Stat. 2186
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2264
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.
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