117 STAT. 1430
PUBLIC LAW 108–136—NOV. 24, 2003
(c) PROVISION OF DISASTER ASSISTANCE.—Section 404 of such title is amended— (1) in subsection (a), by inserting ‘‘or serious harm to the environment’’ after ‘‘loss of lives’’; (2) in subsection (c)(2), by inserting ‘‘or the environment’’ after ‘‘human lives’’; and (3) by adding at the end the following new subsection: ‘‘(e) LIMITATION ON TRANSPORTATION ASSISTANCE.—Transportation services authorized under subsection (b) may be provided in response to a manmade or natural disaster to prevent serious harm to the environment, when human lives are not at risk, only if other sources to provide such transportation are not readily available.’’. (d) PROVISION OF HUMANITARIAN ASSISTANCE.—Section 2561(a) of such title is amended— (1) by inserting ‘‘(1)’’ before ‘‘To the extent’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Secretary of Defense may use the authority provided by paragraph (1) to transport supplies intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment, but only if other sources to provide such transportation are not readily available. The Secretary may require reimbursement for costs incurred by the Department of Defense to transport supplies under this paragraph.’’. SEC. 313. REPEAL OF AUTHORITY TO USE ENVIRONMENTAL RESTORATION ACCOUNT FUNDS FOR RELOCATION OF A CONTAMINATED FACILITY. Effective date. 10 USC 2703 note.
10 USC 2703 note.
(a) REPEAL.—Effective October 1, 2003, section 2703(c) of title 10, United States Code, is amended— (1) in paragraph (1) by striking ‘‘only—’’ and all that follows through the period at the end and inserting ‘‘only to carry out the environmental restoration functions of the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law.’’; (2) by striking paragraphs (2) and (3); and (3) by redesignating paragraph (4) as paragraph (2) and striking the second sentence of such paragraph. (b) EFFECT OF REPEAL ON EXISTING AGREEMENTS.—An agreement in effect on September 30, 2003, under section 2703(c)(1)(B) of title 10, United States Code, as in effect on that date, to pay for the costs of permanently relocating a facility because of a release or threatened release of hazardous substances, pollutants, or contaminants shall remain in effect after that date, subject to the terms of the agreement, and costs may be paid in accordance with the terms of the agreement, notwithstanding the amendments made by subsection (a). SEC. 314. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN WETLAND MITIGATION BANKS.
(a) DOD PARTICIPATION.—(1) Chapter 159 of title 10, United States Code, is amended by inserting after section 2694a the following new section: ‘‘§ 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
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