§7274k. Baseline environmental management reports
(a) Annual environmental restoration reports
(1) The Secretary of Energy shall (in the years and at the times specified in paragraph (2)) submit to the Congress a report on the activities and projects necessary to carry out the environmental restoration of all Department of Energy defense nuclear facilities.
(2) Reports under paragraph (1) shall be submitted as follows:
(A) The initial report shall be submitted not later than March 1, 1995.
(B) A report after the initial report shall be submitted in each year after 1995 during which the Secretary of Energy conducts, or plans to conduct, environmental restoration activities and projects, not later than 30 days after the date on which the President submits to the Congress the budget for the fiscal year beginning in that year.
(b) Biennial waste management reports
(1) The Secretary of Energy shall (in the years and at the times specified in paragraph (2)) submit to the Congress a report on all activities and projects for waste management, including pollution prevention and transition of operational facilities to safe shutdown status, that are necessary for Department of Energy defense nuclear facilities.
(2) Reports required under paragraph (1) shall be submitted as follows:
(A) The initial report shall be submitted not later than June 1, 1995.
(B) A report after the initial report shall be submitted in each odd-numbered year after 1997, not later than 30 days after the date on which the President submits to the Congress the budget for the fiscal year beginning in that year.
(c) Contents of reports
A report required under subsection (a) or (b) of this section shall be based on compliance with all applicable provisions of law, permits, regulations, orders, and agreements, and shall-
(1) provide the estimated total cost of, and the complete schedule for, the activities and projects covered by the report;
(2) with respect to each such activity and project, contain-
(A) a description of the activity or project;
(B) a description of the problem addressed by the activity or project;
(C) the proposed remediation of the problem, if the remediation is known or decided;
(D) the estimated cost to complete the activity or project, including, where appropriate, the cost for every five-year increment;
(E) the estimated date for completion of the activity or project, including, where appropriate, progress milestones for every five-year increment; and
(F) a description of the personnel and facilities required to complete the activity or project; and
(3) contain a description of the research and development necessary to develop the technology to conduct the activities and projects covered by the report.
(d) Biennial status and variance reports
(1)(A) The Secretary of Energy shall (in the years and at the time specified in subparagraph (B)) submit to the Congress a status and variance report on environmental restoration and waste management activities and projects at Department of Energy defense nuclear facilities.
(B) A report under subparagraph (A) shall be submitted in 1995 and in each odd-numbered year thereafter during which the Secretary of Energy conducts environmental restoration and waste management activities, not later than 30 days after the date on which the President submits to the Congress the budget for the fiscal year beginning in that year.
(2) Each status and variance report under paragraph (1) shall contain the following:
(A) Information on each such activity and project for which funds were appropriated for the two fiscal years immediately before the fiscal year during which the report is submitted, including the following:
(i) Information on whether or not the activity or project has been completed, and information on the estimated date of completion for activities or projects that have not been completed.
(ii) The total amount of funds expended for the activity or project during such prior fiscal years, including the amount of funds expended from amounts made available as the result of supplemental appropriations or a transfer of funds, and an estimate of the total amount of funds required to complete the activity or project.
(iii) Information on whether the President requested an amount of funds for the activity or project in the budget for the fiscal year during which the report is submitted, and whether such funds were appropriated or transferred.
(iv) An explanation of the reasons for any projected cost variance between actual and estimated expenditures of more than 15 percent or $10,000,000, or any schedule delay of more than six months, for the activity or project.
(B) For the fiscal year during which the report is submitted, a disaggregation of the funds appropriated for Department of Energy defense environmental restoration and waste management into the activities and projects (including discrete parts of multiyear activities and projects) that the Secretary of Energy expects to accomplish during that fiscal year.
(C) For the fiscal year for which the budget is submitted, a disaggregation of the Department of Energy defense environmental restoration and waste management budget request into the activities and projects (including discrete parts of multiyear activities and projects) that the Secretary of Energy expects to accomplish during that fiscal year.
(e) Compliance tracking
In preparing a report under this section, the Secretary of Energy shall provide, with respect to each activity and project identified in the report, information which is sufficient to track the Department of Energy's compliance with relevant Federal and State regulatory milestones.
(f) Public participation in development of information
(1) The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and Attorneys General of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in the development of information necessary to complete the reports required by subsections (a), (b), and (d) of this section.
(2) Consultation under paragraph (1) shall not interfere with the timely submission to Congress of the budget for a fiscal year.
(3) The Secretary may award grants to, and enter into cooperative agreements with, affected States and affected Indian tribes to facilitate the participation of such entities in the development of information under this subsection. The Secretary may also take appropriate action to facilitate the participation of interested members of the public in such development under this subsection.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of the Department of Energy Organization Act which comprises this chapter.
Amendments
1997-Subsec. (b)(2)(B).
1996-Subsec. (b).
Subsec. (d).
1994-Subsec. (b)(1).
Subsec. (c)(2)(F).
Subsec. (c)(3).
Subsec. (f).
Requirement To Develop Future Use Plans for Environmental Management Programs
Section 3153 of
"(a)
"(b)
"(1) Hanford Site, Richland, Washington.
"(2) Rocky Flats Plant, Golden, Colorado.
"(3) Savannah River Site, Aiken, South Carolina.
"(4) Idaho National Engineering Laboratory, Idaho.
"(c)
"(2) The Secretary may authorize the manager of a defense nuclear facility for which a future use plan is developed under this section (or, if there is no such manager, an appropriate official of the Department of Energy designated by the Secretary) to pay routine administrative expenses of a citizen advisory board established for that facility. Such payments shall be made from funds available to the Secretary for program direction in carrying out environmental restoration and waste management activities necessary for national security programs.
"(d)
"(e) 50-
"(f)
"(g)
"(h)
"(2) Nothing in this section may be construed to affect statutory requirements for an environmental restoration or waste management activity or project or to modify or otherwise affect applicable statutory or regulatory environmental restoration and waste management requirements, including substantive standards intended to protect public health and the environment, nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or State authority."
Defense Nuclear Environmental Cleanup and Management
Subtitle E of title XXXI of div. C of
"SEC. 3171. PURPOSE.
"The purpose of this subtitle is to provide for the expedited environmental restoration and waste management of defense nuclear facilities through the use of cost-effective management mechanisms and innovative technologies.
"SEC. 3172. APPLICABILITY.
"(a)
"(1) Any defense nuclear facility for which the fiscal year 1996 environmental management budget was $350,000,000 or more.
"(2) Any other defense nuclear facility if-
"(A) the chief executive officer of the State in which the facility is located submits to the Secretary a request that the facility be covered by the provisions of this subtitle; and
"(B) the Secretary approves the request.
"(b)
"SEC. 3173. SITE MANAGER.
"(a)
"(2) In the case of a defense nuclear facility at which another program, in addition to environmental management operations, is carried out, and such other program is subject to management by a site manager, field office manager, or operations office manager, the Secretary shall appoint such manager to be the Site Manager for such facility for purposes of this subtitle.
"(b)
"(A) enter into and modify contractual agreements to enhance environmental restoration and waste management at the facility;
"(B) request that the Department headquarters submit to Congress a reprogramming package shifting funds among accounts in order to facilitate the most efficient and timely environmental restoration and waste management of the facility, and, in the event that the Department headquarters does not act upon the request within 60 days, submit such request to the appropriate congressional committees for review;
"(C) subject to paragraph (2), negotiate amendments to environmental agreements for the Department;
"(D) manage Department personnel at the facility;
"(E) consider the costs, risk reduction benefits, and other benefits for the purposes of ensuring protection of human health and the environment or safety, with respect to any environmental remediation activity the cost of which exceeds $25,000,000; and
"(F) have assessments prepared for environmental restoration activities (in several documents or a single document, as determined by the Site Manager).
"(2) In using the authority described in paragraph (1)(C), a Site Manager may not negotiate an amendment that is expected to result in additional life cycle costs to the Department without the approval of the Secretary.
"(3) In using any authority described in paragraph (1), a Site Manager of a facility shall consult with the State where the facility is located and the advisory board for the facility.
"(4) The delegation of any authority pursuant to this subsection shall not be construed as restricting the Secretary's authority to delegate other authorities as necessary.
"(5) In the case of the Hanford Reservation, Richland, Washington, the Secretary shall delegate to the Site Manager the authority described in paragraph (1) for fiscal year 1998. The Secretary may withdraw the delegated authority if the Secretary-
"(A) determines that the Site Manager of the Hanford Reservation has misused or misapplied that authority; and
"(B) the Secretary submits to Congress a notification of the Secretary's intent to withdraw the authority.
"(c)
"SEC. 3174. DEPARTMENT OF ENERGY ORDERS.
"An order imposed after the date of the enactment of this Act [Sept. 23, 1996] relating to the execution of environmental restoration, waste management, or technology development activities at a defense nuclear facility under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) may be imposed by the Secretary at the defense nuclear facility only if the Secretary finds that the order is necessary for the protection of human health and the environment or safety, the fulfillment of current legal requirements, or the conduct of critical administrative functions.
"SEC. 3175. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF DEFENSE NUCLEAR WASTE.
"(a)
"(b)
"(1) establish a simplified, standardized, and timely process for the testing, verification, certification, and deployment of environmental technologies;
"(2) solicit applications to test and deploy environmental technologies suitable for environmental restoration and waste management activities at the facility, including prevention, control, characterization, treatment, and remediation of contamination;
"(3) consult and cooperate with the heads of existing programs at the facility for the verification and certification of environmental technologies at the facility;
"(4) pay the costs of the demonstration of such technologies;
"(5) enter into contracts and other agreements with other public and private entities to deploy environmental technologies at the facility; and
"(6) include incentives, such as product performance specifications, in contracts to encourage the implementation of innovative environmental technologies.
"(c)
"(2) No contract between the Department and a contractor for the demonstration of technology under subsection (b) may provide for reimbursement of the costs of the contractor on a cost plus fee basis.
"(d)
"SEC. 3176. PERFORMANCE-BASED CONTRACTING.
"(a)
"(1) Clearly stated and results oriented performance criteria and measures.
"(2) Appropriate incentives for contractors to meet or exceed the performance criteria effectively and efficiently.
"(3) Appropriate criteria and incentives for contractors to seek and engage subcontractors who may more effectively and efficiently perform either unique and technologically challenging tasks or routine and interchangeable services.
"(4) Specific incentives for cost savings.
"(5) Financial accountability.
"(6) When appropriate, reduction of fee for failure to meet minimum performance criteria and standards.
"(b)
"(c)
"(d)
"SEC. 3177. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL CLEANUP DEMONSTRATION AREAS.
"(a)
"(b)
"(1) develop expedited and streamlined processes and systems for cleaning up such facility;
"(2) eliminate unnecessary administrative complexity and unnecessary duplication of regulation with respect to the cleanup of such facility;
"(3) proceed expeditiously and cost-effectively with environmental restoration and remediation activities at such facility;
"(4) consider future land use in selecting environmental cleanup remedies at such facility; and
"(5) identify and recommend to Congress changes in law needed to expedite the cleanup of such facility.
"SEC. 3178. DEFINITIONS.
"In this subtitle:
"(1) The term 'Secretary' means the Secretary of Energy.
"(2) The term 'Department' means the Department of Energy.
"(3) The term 'defense nuclear facility' has the meaning given the term 'Department of Energy defense nuclear facility' in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
"SEC. 3179. TERMINATION.
"This subtitle is repealed effective September 30, 2001.
"SEC. 3180. REPORT.
"Not later than September 30, 2000, the Secretary shall submit to Congress a report on the effectiveness of this subtitle in expediting environmental restoration and waste management of defense nuclear facilities. The report shall include recommendations on whether this subtitle should remain in effect beyond September 30, 2001."
Accelerated Schedule for Environmental Restoration and Waste Management Activities
"(a)
"(b)
"(1) The cost savings achievable by the Federal Government.
"(2) The amount of time for completion of environmental restoration and waste management activities and projects at the site that can be reduced from the time specified for completion of such activities and projects in the baseline environmental management report required to be submitted for 1995 under section 3153 of the National Defense Authorization Act for Fiscal Year 1994 (42 U.S.C. 7274k).
"(3) The potential for reuse of the site.
"(4) The risks that the site poses to local health and safety.
"(5) The proximity of the site to populated areas.
"(c)
"(d)