(Added Pub. L. 99–499, title II, § 211(a)(1)(B),Oct. 17, 1986, 100 Stat. 1724; amended Pub. L. 103–337, div. A, title III, § 326(a)–(c), Oct. 5, 1994, 108 Stat. 2712, 2713; Pub. L. 104–106, div. A, title III, § 324(a)–(d)(1), (e), Feb. 10, 1996, 110 Stat. 252–254; Pub. L. 104–201, div. A, title III, § 322(c),Sept. 23, 1996, 110 Stat. 2479; Pub. L. 108–136, div. A, title III, § 317(b), title X, § 1043(c)(5),Nov. 24, 2003, 117 Stat. 1432, 1612.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d)(2)(C), is Pub. L. 92–463
, Oct. 6, 1972, 86 Stat. 770
, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
2003—Subsec. (d)(2)(C). Pub. L. 108–136
, § 317(b), added subpar. (C).
Subsec. (h). Pub. L. 108–136
, § 1043(c)(5), struck out heading and text of subsec. (h). Text read as follows: “In this section, the term ‘base closure law’ means the following:
“(1) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note
“(2) 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
of this title.”
1996—Subsec. (d)(2). Pub. L. 104–106
, § 324(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”
Subsec. (d)(3). Pub. L. 104–106
, § 324(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “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).”
Subsec. (e). Pub. L. 104–106
, § 324(c), added subsec. (e) and struck out former subsec. (e) which authorized Secretary to make technical assistance grants under section
in connection with installations containing facilities listed on the National Priorities List and to make funds available to facilitate participation on technical review committees and restoration advisory boards relating to environmental restoration activities at other installations.
Subsec. (g). Pub. L. 104–106
, § 324(d)(1), added subsec. (g).
Subsec. (g)(1). Pub. L. 104–201
substituted “the environmental restoration account concerned” for “the Defense Environmental Restoration Account established”.
Subsec. (h). Pub. L. 104–106
, § 324(e), added subsec. (h).
1994—Subsecs. (d) to (f). Pub. L. 103–337
added subsecs. (d) to (f).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–201
effective Oct. 1, 1996, see section 322(e) ofPub. L. 104–201
, set out as a note under section
of this title.
Requirements for Restoration Advisory Boards and Exemption From Federal Advisory Committee Act
Pub. L. 108–136
, div. A, title III, § 317(a),Nov. 24, 2003, 117 Stat. 1432
, provided that: “The Secretary of Defense shall amend the regulations required by section
, United States Code, relating to the establishment, characteristics, composition, and funding of restoration advisory boards to ensure that each restoration advisory board complies with the following requirements:
“(1) Each restoration advisory board shall be fairly balanced in its membership in terms of the points of view represented and the functions to be performed.
“(2) Unless a closed or partially closed meeting is determined to be proper in accordance with one or more of the exceptions listed in section
, United States Code, each meeting of a restoration advisory board shall be—
“(A) held at a reasonable time and in a manner or place reasonably accessible to the public, including individuals with disabilities; and
“(B) open to the public.
“(3) Timely notice of each meeting of a restoration advisory board shall be published in a local newspaper of general circulation.
“(4) Interested persons may appear before or file statements with a restoration advisory board, subject to such reasonable restrictions as the Secretary may prescribe.
“(5) Subject to section
, United States Code, the records, reports, minutes, appendixes, working papers, drafts, studies, agenda, or other documents that were made available to, prepared for, or prepared by each restoration advisory board shall be available for public inspection and copying at a single, publicly accessible location, such as a public library or an appropriate office of the military installation for which the restoration advisory board is established, at least until the restoration advisory board is terminated.
“(6) Detailed minutes of each meeting of each restoration advisory board shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the restoration advisory board. The accuracy of the minutes of a restoration advisory board shall be certified by the chairperson of the board.”
Implementation Requirements for Restoration Advisory Boards
Section 326(d) ofPub. L. 103–337
provided that: “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) ofsection
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).”
Report on Restoration Advisory Boards and Assistance for Citizen Participation on Committees and Boards
Section 326(e) ofPub. L. 103–337
directed Secretary of Defense to submit, not later than May 1, 1996, report regarding establishment of restoration advisory boards under subsections (d) and (e) of this section and the expenditure of funds for assistance for citizen participation on technical review committees under subsection (e) of this section.
Restrictions on Administrative and Technical Assistance Funding
Section 324(d)(2) ofPub. L. 104–106
“(2)(A) Subject to subparagraph (B), the total amount of funds made available under section
, United States Code, as added by paragraph (1), for fiscal year 1996 may not exceed $6,000,000.
“(B) Amounts may not be made available under subsection (g) of such section
after September 15, 1996, unless the Secretary of Defense publishes proposed final or interim final regulations required under subsection (d) of such section, as amended by subsection (a).”