Establishes prohibitions and requirements concerning closed and abandoned
hazardous waste sites;
Provides for the liability of persons responsible for releasing hazardous waste at
these sites; and
Establishes a trust fund, known as Superfund, to provide for cleanup when no
responsible party can be identified.
This law has relevance as a potential JLUS tool through the Superfund environmental
program, established to address hazardous waste sites. Hazardous waste is sometimes
present in or around military installations, particularly where munitions and ordnance are
stored and used for training purposes. If not disposed of properly, hazardous waste can
be harmful to the installation tenants, surrounding communities, and the environment.
While the Superfund cleanup process may be complex, it protects people and the
environment from further contamination.
Department of Defense Conservation Partnering
Initiative
In 2003, the National Defense Authorization Act (NDAA) gave the DoD authority to enter
into agreements with eligible entities to address either incompatible development or
habitat protection. Eligible entities may be a state, a political subdivision of a state (e.g.,
a county, city, or soil and water conservation district), and/or a private entity with a main
purpose or goal of conserving, restoring, or preserving land and natural resources. This
authorization has been codified as 10 United States Code (USC) § 2684a (as amended in
2012), with the title Agreements to limit encroachments and other constraints on military
training, testing, and operations. This authority allows DoD services to use their
Operation and Maintenance funds and/or Office of the Secretary of Defense (OSD)
Readiness and Environmental Protection Integration funds to acquire real property
interests, such as conservation easements or development rights, in order to address
current and potential encroachment or compatibility threats to an installation’s mission.
Department of Defense Readiness and Environmental Protection
Integration
To implement the authority provided by the Department of Defense Conservation
Partnering Initiative, the DoD established the Readiness and Environmental Protection
Integration (REPI) Program. The REPI program grants the military the ability to enter into
agreements with eligible entities, such as local governments, non‐governmental
organizations, and willing landowners to secure conservation easements on property in
the vicinity of, or as may be ecologically related to, a military installation or military
airspace. The REPI Program Guide for Buffer Partnerships establishes policy, assigns
responsibilities, and prescribes procedures for executing REPI partnerships.
Background Report
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