33 U.S.C. § 426e–2: Clarification of munition disposal authorities

33 U.S.C. 426e–2: Clarification of munition disposal authoritiesText contains those laws in effect through Public Law 119-120 (October 7, 2026).

From Title 33-NAVIGATION AND NAVIGABLE WATERSCHAPTER 9-PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY

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§426e–2. Clarification of munition disposal authorities

(a) In general

The Secretary may, at full Federal expense, implement any response action the Secretary determines to be necessary at a site where⁠—

(1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and

(2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.

(b) Response action funding

A response action described in subsection (a) shall be reimbursed from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.

( Pub. L. 113–121, title I, § 1027 , June 10, 2014 , 128 Stat. 1230 ; Pub. L. 114–322, title I, § 1154 , Dec. 16, 2016 , 130 Stat. 1663 .)

Editorial Notes

Amendments

2016⁠—Subsec. (a). Pub. L. 114–322, § 1154(1), inserted “, at full Federal expense,” after “The Secretary may” in introductory provisions.

Subsec. (b). Pub. L. 114–322, § 1154(2), substituted “reimbursed” for “funded”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.