(a) Authority to Participate.—The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.
(b) Treatment of Payments.—Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.
(c) Discharge of Pollutants Defined.—In this section, the term “discharge of pollutants” has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the “Clean Water Act”).
Structure US Code
Subtitle A— General Military Law
PART IV— SERVICE, SUPPLY, AND PROPERTY
CHAPTER 159— REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY
§ 2661. Miscellaneous administrative provisions relating to real property
§ 2662. Real property transactions: reports to congressional committees
§ 2663. Land acquisition authorities
§ 2664. Limitations on real property acquisition
§ 2665. Sale of certain interests in land; logs
§ 2667. Leases: non-excess property of military departments and Defense Agencies
§ 2668. Easements for rights-of-way
§ 2668a. Easements: granting restrictive easements in connection with land conveyances
§ 2670. Use of facilities by private organizations; use as polling places
§ 2671. Military reservations and facilities: hunting, fishing, and trapping
§ 2672. Protection of buildings, grounds, property, and persons
§ 2675. Leases: foreign countries
§ 2678. Feral horses and burros: removal from military installations
§ 2679. Installation-support services: intergovernmental support agreements
§ 2682. Facilities for defense agencies
§ 2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installations
§ 2684. Cooperative agreements for management of cultural resources
§ 2686. Utilities and services: sale; expansion and extension of systems and facilities
§ 2687. Base closures and realignments
§ 2688. Utility systems: conveyance authority
§ 2692. Storage, treatment, and disposal of nondefense toxic and hazardous materials
§ 2694. Conservation and cultural activities
§ 2694a. Conveyance of surplus real property for natural resource conservation
§ 2694b. Participation in wetland mitigation banks
§ 2694c. Participation in conservation banking programs
§ 2694d. Participation in pollutant banks and water quality trading