[USC02] 50 USC CHAPTER 42, SUBCHAPTER IV: DEFENSE ENVIRONMENTAL CLEANUP MATTERS
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50 USC CHAPTER 42, SUBCHAPTER IV: DEFENSE ENVIRONMENTAL CLEANUP MATTERS
From Title 50—WAR AND NATIONAL DEFENSECHAPTER 42—ATOMIC ENERGY DEFENSE PROVISIONS

SUBCHAPTER IV—DEFENSE ENVIRONMENTAL CLEANUP MATTERS

Codification

Pub. L. 113–66, div. C, title XXXI, §3146(e)(16)(A), Dec. 26, 2013, 127 Stat. 1078, substituted "DEFENSE ENVIRONMENTAL CLEANUP" for "ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT" in subchapter heading.

Part A—Defense Environmental Cleanup

Codification

Pub. L. 113–66, div. C, title XXXI, §3146(e)(16)(B), Dec. 26, 2013, 127 Stat. 1078, substituted "Defense Environmental Cleanup" for "Environmental Restoration and Waste Management" in part heading.

§2581. Defense Environmental Cleanup Account

(a) Establishment

There is hereby established in the Treasury of the United States for the Department of Energy an account to be known as the "Defense Environmental Cleanup Account" (hereafter in this section referred to as the "Account").

(b) Amounts in Account

All sums appropriated to the Department of Energy for defense environmental cleanup at defense nuclear facilities shall be credited to the Account. Such appropriations shall be authorized annually by law. To the extent provided in appropriations Acts, amounts in the Account shall remain available until expended.

(Pub. L. 107–314, div. D, title XLIV, §4401, formerly Pub. L. 102–190, div. C, title XXXI, §3134, Dec. 5, 1991, 105 Stat. 1575; renumbered Pub. L. 107–314, div. D, title XLIV, §4401, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(2), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, §3146(e)(1), Dec. 26, 2013, 127 Stat. 1075.)

Codification

Section was formerly classified to section 7274f of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 113–66, §3146(e)(1)(A), substituted "Cleanup" for "Restoration and Waste Management" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(e)(1)(B), substituted " 'Defense Environmental Cleanup Account' " for " 'Defense Environmental Restoration and Waste Management Account' ".

Subsec. (b). Pub. L. 113–66, §3146(e)(1)(C), substituted "defense environmental cleanup" for "environmental restoration and waste management".

§2582. Requirement to develop future use plans for defense environmental cleanup

(a) Authority to develop future use plans

The Secretary of Energy may develop future use plans for any defense nuclear facility at which defense environmental cleanup activities are occurring.

(b) Requirement to develop future use plans

The Secretary shall develop a future use plan for each of the following defense nuclear facilities:

(1) Hanford Site, Richland, Washington.

(2) Savannah River Site, Aiken, South Carolina.

(3) Idaho National Engineering Laboratory, Idaho.

(c) Citizen advisory board

(1) At each defense nuclear facility for which the Secretary of Energy intends or is required to develop a future use plan under this section and for which no citizen advisory board has been established, the Secretary shall establish a citizen advisory board.

(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 defense environmental cleanup activities necessary for national security programs.

(d) Requirement to consult with citizen advisory board

In developing a future use plan under this section with respect to a defense nuclear facility, the Secretary of Energy shall consult with a citizen advisory board established pursuant to subsection (c) or a similar advisory board already in existence as of September 23, 1996, for such facility, affected local governments (including any local future use redevelopment authorities), and other appropriate State agencies.

(e) 50-year planning period

A future use plan developed under this section shall cover a period of at least 50 years.

(f) Report

Not later than 60 days after completing development of a final plan for a site listed in subsection (b), the Secretary of Energy shall submit to Congress a report on the plan. The report shall describe the plan and contain such findings and recommendations with respect to the site as the Secretary considers appropriate.

(g) Savings provisions

(1) Nothing in this section, or in a future use plan developed under this section with respect to a defense nuclear facility, shall be construed as requiring any modification to a future use plan with respect to a defense nuclear facility that was developed before September 23, 1996.

(2) Nothing in this section may be construed to affect statutory requirements for a defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup 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.

(Pub. L. 107–314, div. D, title XLIV, §4402, formerly Pub. L. 104–201, div. C, title XXXI, §3153, Sept. 23, 1996, 110 Stat. 2839; renumbered Pub. L. 107–314, div. D, title XLIV, §4402, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(3), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, §3146(e)(2), Dec. 26, 2013, 127 Stat. 1076.)

Codification

Section was formerly set out as a note under section 7274k of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 113–66, §3146(e)(2)(A), substituted "defense environmental cleanup" for "environmental management program" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(e)(2)(B), substituted "defense environmental cleanup" for "environmental restoration and waste management".

Subsec. (b)(2) to (4). Pub. L. 113–66, §3146(e)(2)(C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "Rocky Flats Plant, Golden, Colorado."

Subsec. (c)(2). Pub. L. 113–66, §3146(e)(2)(D), substituted "for defense environmental cleanup" for "for program direction in carrying out environmental restoration and waste management".

Subsec. (f). Pub. L. 113–66, §3146(e)(2)(E), (F), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text read as follows: "For each facility listed in subsection (b), the Secretary of Energy shall develop a draft future use plan by October 1, 1997, and a final future use plan by March 15, 1998."

Subsec. (g). Pub. L. 113–66, §3146(e)(2)(F), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Subsec. (g)(2). Pub. L. 113–66, §3146(e)(2)(G), substituted "a defense environmental cleanup" for "an environmental restoration or waste management" and "defense environmental cleanup" for "environmental restoration and waste management".

Subsec. (h). Pub. L. 113–66, §3146(e)(2)(F), redesignated subsec. (h) as (g).

2003—Subsec. (d). Pub. L. 108–136, §3141(g)(3)(D)(i), substituted "September 23, 1996," for "the date of the enactment of this Act".

Subsec. (h)(1). Pub. L. 108–136, §3141(g)(3)(D)(ii), substituted "September 23, 1996" for "the date of the enactment of this Act".

§2582a. Future-years defense environmental cleanup plan

(a) In general

The Secretary of Energy shall submit to Congress each year, at or about the same time that the President's budget is submitted to Congress for a fiscal year under section 1105(a) of title 31, a future-years defense environmental cleanup plan that—

(1) reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy for defense environmental cleanup; and

(2) covers a period that includes the fiscal year for which that budget is submitted and not less than the four succeeding fiscal years.

(b) Elements

Each future-years defense environmental cleanup plan required by subsection (a) shall contain the following:

(1) A detailed description of the projects and activities relating to defense environmental cleanup to be carried out during the period covered by the plan at the sites specified in subsection (c) and with respect to the activities specified in subsection (d).

(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support such projects and activities.

(3) With respect to each site specified in subsection (c), the following:

(A) A statement of each milestone included in an enforceable agreement governing cleanup and waste remediation for that site for each fiscal year covered by the plan.

(B) For each such milestone, a statement with respect to whether each such milestone will be met in each such fiscal year.

(C) For any milestone that will not be met, an explanation of why the milestone will not be met and the date by which the milestone is expected to be met.

(c) Sites specified

The sites specified in this subsection are the following:

(1) The Idaho National Laboratory, Idaho.

(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.

(3) The Savannah River Site, Aiken, South Carolina.

(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee.

(5) The Hanford Site, Richland, Washington.

(6) Any defense closure site of the Department of Energy.

(7) Any site of the National Nuclear Security Administration.

(d) Activities specified

The activities specified in this subsection are the following:

(1) Program support.

(2) Program direction.

(3) Safeguards and security.

(4) Technology development and deployment.

(5) Federal contributions to the Uranium Enrichment Decontamination and Decommissioning Fund established under section 2297g of title 42.

(Pub. L. 107–314, div. D, title XLIV, §4402A, as added Pub. L. 111–383, div. C, title XXXI, §3116(a), Jan. 7, 2011, 124 Stat. 4512; amended Pub. L. 113–66, div. C, title XXXI, §3146(e)(3), Dec. 26, 2013, 127 Stat. 1076.)

Amendments

2013Pub. L. 113–66, §3146(e)(3)(A), substituted "cleanup" for "management" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(e)(3)(B)(i), substituted "cleanup" for "management" in introductory provisions.

Subsec. (a)(1). Pub. L. 113–66, §3146(e)(3)(B)(ii), substituted "defense environmental cleanup" for "environmental management".

Subsec. (b). Pub. L. 113–66, §3146(e)(3)(C), substituted "cleanup" for "management" in introductory provisions and par. (1).

§2583. Integrated fissile materials management plan

(a) Plan

The Secretary of Energy shall develop a long-term plan for the integrated management of fissile materials by the Department of Energy. The plan shall—

(1) identify means of coordinating or integrating the responsibilities of the Office of Environmental Management, the Office of Nuclear Energy, and the Administration for the treatment, storage, and disposition of fissile materials, and for the waste streams containing fissile materials, in order to achieve budgetary and other efficiencies in the discharge of those responsibilities; and

(2) identify any expenditures necessary at the sites that are anticipated to have an enduring mission for plutonium management in order to achieve the integrated management of fissile materials by the Department.

(b) Submittal to Congress

The Secretary shall submit the plan required by subsection (a) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than March 31, 2014.

(Pub. L. 107–314, div. D, title XLIV, §4403, formerly Pub. L. 106–65, div. C, title XXXI, §3172, Oct. 5, 1999, 113 Stat. 948; renumbered Pub. L. 107–314, div. D, title XLIV, §4403, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(4), Nov. 24, 2003, 117 Stat. 1764; Pub. L. 113–66, div. C, title XXXI, §3146(e)(4), Dec. 26, 2013, 127 Stat. 1076.)

Amendments

2013—Subsec. (a)(1). Pub. L. 113–66, §3146(e)(4)(A), substituted "the Office of Nuclear Energy, and the Administration" for "the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs" and "storage," for "storage".

Subsec. (b). Pub. L. 113–66, §3146(e)(4)(B), substituted "March 31, 2014" for "March 31, 2000".

§2584. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(e)(5), Dec. 26, 2013, 127 Stat. 1076

Section, Pub. L. 107–314, div. D, title XLIV, §4404, formerly Pub. L. 103–160, div. C, title XXXI, §3153, Nov. 30, 1993, 107 Stat. 1950; Pub. L. 103–337, div. C, title XXXI, §3160(b)–(d), Oct. 5, 1994, 108 Stat. 3094; Pub. L. 104–201, div. C, title XXXI, §3152, Sept. 23, 1996, 110 Stat. 2839; Pub. L. 105–85, div. C, title XXXI, §3160, Nov. 18, 1997, 111 Stat. 2048; renumbered Pub. L. 107–314, div. D, title XLIV, §4404, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(5), Nov. 24, 2003, 117 Stat. 1765, related to baseline environmental management reports.

§2585. Accelerated schedule for defense environmental cleanup activities

(a) Accelerated cleanup

The Secretary of Energy shall accelerate the schedule for defense environmental cleanup activities and projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will achieve meaningful, long-term cost savings to the Federal Government and could substantially accelerate the release of land for local reuse.

(b) Consideration of factors

In making a determination under subsection (a), the Secretary shall consider the following:

(1) The cost savings achievable by the Federal Government.

(2) The potential for reuse of the site.

(3) The risks that the site poses to local health and safety.

(4) The proximity of the site to populated areas.

(c) Savings provision

Nothing in this section may be construed to affect a specific statutory requirement for a specific defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment.

(Pub. L. 107–314, div. D, title XLIV, §4405, formerly Pub. L. 104–106, div. C, title XXXI, §3156, Feb. 10, 1996, 110 Stat. 625; renumbered Pub. L. 107–314, div. D, title XLIV, §4405, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(6), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, §3146(e)(6), Dec. 26, 2013, 127 Stat. 1076.)

Codification

Section was formerly set out as a note under section 7274k of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 113–66, §3146(e)(6)(A), substituted "defense environmental cleanup" for "environmental restoration and waste management" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(e)(6)(B), substituted "defense environmental cleanup" for "environmental restoration and waste management".

Subsec. (b)(2) to (5). Pub. L. 113–66, §3146(e)(6)(C), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2), which read as follows: "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), the predecessor provision to section 2584 of this title."

Subsecs. (c), (d). Pub. L. 113–66, §3146(e)(6)(D)–(F), redesignated subsec. (d) as (c), substituted "specific defense environmental cleanup" for "specific environmental restoration or waste management" and "regulatory defense environmental cleanup" for "regulatory environmental restoration and waste management", and struck out former subsec. (c) which required Secretary to report on each site for which schedule for environmental restoration and waste management activities had been accelerated.

2003—Subsec. (b)(2). Pub. L. 108–136, §3141(g)(6)(D), inserted ", the predecessor provision to section 2584 of this title" before period at end.

§2586. Defense environmental cleanup technology program

(a) Establishment of program

The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for—

(1) the reduction of environmental hazards and contamination resulting from defense waste; and

(2) environmental restoration of inactive defense waste disposal sites.

(b) Definitions

As used in this section:

(1) The term "defense waste" means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.

(2) The term "inactive defense waste disposal site" means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.

(Pub. L. 107–314, div. D, title XLIV, §4406, formerly Pub. L. 101–189, div. C, title XXXI, §3141, Nov. 29, 1989, 103 Stat. 1679; Pub. L. 105–85, div. C, title XXXI, §3152(g), Nov. 18, 1997, 111 Stat. 2042; renumbered Pub. L. 107–314, div. D, title XLIV, §4406, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(7), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, §3146(e)(7), Dec. 26, 2013, 127 Stat. 1077; Pub. L. 113–291, div. C, title XXXI, §3142(g), Dec. 19, 2014, 128 Stat. 3900.)

Codification

Section was formerly classified to section 7274a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2014—Subsec. (a). Pub. L. 113–291 substituted "useful for—" for "useful for" before par. (1) designation and "; and" for ", and" at end of par. (1) and realigned margins of pars. (1) and (2).

2013Pub. L. 113–66, §3146(e)(7)(A), substituted "environmental" for "waste" in section catchline.

Subsecs. (b), (c). Pub. L. 113–66, §3146(e)(7)(B), (C), which directed amendment of section by striking subsecs. (b) and (c) and redesignating subsec. (d) as (b), was executed by striking subsec. (b), which related to coordination of research activities, and redesignating subsec. (c) as (b) to reflect the probable intent of Congress and the amendment by Pub. L. 105–85, §3152(g), which redesignated former subsec. (d) as (c). See 1997 Amendment note below.

2003Pub. L. 108–136, §3141(g)(7)(D), made technical amendment to section catchline.

1997—Subsecs. (c), (d). Pub. L. 105–85 redesignated subsec. (d) as (c) and struck out former subsec. (c) which required Secretary of Energy to submit to Congress not later than Apr. 1 each year a report on research activities of Department of Energy for development of technologies referred to in subsec. (a).

§2587. Report on defense environmental cleanup expenditures

Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31), the Secretary of Energy shall submit to Congress a report on how the defense environmental cleanup funds of the Department of Energy were expended during the fiscal year preceding the fiscal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget category, and activity. The report also shall include any schedule changes or modifications to planned activities for the fiscal year in which the budget is submitted.

(Pub. L. 107–314, div. D, title XLIV, §4407, formerly Pub. L. 101–510, div. C, title XXXI, §3134, Nov. 5, 1990, 104 Stat. 1833; renumbered Pub. L. 107–314, div. D, title XLIV, §4407, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(8), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, §3146(e)(8), Dec. 26, 2013, 127 Stat. 1077.)

Codification

Section was formerly classified to section 7274c of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 113–66 substituted "defense environmental cleanup" for "environmental restoration" in section catchline and "defense environmental cleanup funds" for "environmental restoration and waste management funds for defense activities" in text.

2003Pub. L. 108–136, §3141(g)(8)(D), made technical amendment to section catchline.

§2588. Public participation in planning for defense environmental cleanup

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 any planning conducted by the Secretary for defense environmental cleanup activities at Department of Energy defense nuclear facilities.

(Pub. L. 107–314, div. D, title XLIV, §4408, formerly Pub. L. 103–337, div. C, title XXXI, §3160(e), Oct. 5, 1994, 108 Stat. 3095; renumbered Pub. L. 107–314, div. D, title XLIV, §4408, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(9), Nov. 24, 2003, 117 Stat. 1765; Pub. L. 113–66, div. C, title XXXI, §3146(e)(9), Dec. 26, 2013, 127 Stat. 1077.)

Codification

Section was formerly set out as a note under section 7274g of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013Pub. L. 113–66 substituted "defense environmental cleanup" for "environmental restoration and waste management at defense nuclear facilities" in section catchline and substituted "attorneys general" for "Attorneys General" and "defense environmental cleanup activities" for "environmental restoration and waste management" in text.

2003Pub. L. 108–136, §3141(g)(9)(C), substituted "Public participation in planning for environmental restoration and waste management at defense nuclear facilities" for "Public participation in planning" in section catchline.

§2589. Policy of Department of Energy regarding future defense environmental management matters

(a) Policy required

(1) Commencing not later than October 1, 2005, the Secretary of Energy shall have in effect a policy for carrying out future defense environmental management matters of the Department of Energy. The policy shall specify each officer within the Department with responsibilities for carrying out that policy and, for each such officer, the nature and extent of those responsibilities.

(2) In paragraph (1), the term "future defense environmental management matter" means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.

(b) Reflection in budget

For fiscal year 2006 and each fiscal year thereafter, the Secretary shall ensure that the budget justification materials submitted to Congress in support of the Department of Energy budget for such fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) reflect the policy required by subsection (a).

(c) Consultation

The Secretary shall carry out this section in consultation with the Administrator for Nuclear Security and the Under Secretary of Energy for Energy, Science, and Environment.

(d) Report

The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2005 (as submitted with the budget of the President under section 1105(a) of title 31) a report on the policy that the Secretary plans to have in effect under subsection (a) as of October 1, 2005. The report shall specify the officers and responsibilities referred to in subsection (a).

(Pub. L. 108–136, div. C, title XXXI, §3132, Nov. 24, 2003, 117 Stat. 1750.)

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Atomic Energy Defense Act which comprises this chapter.

Part B—Closure of Facilities

§2601. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(e)(10), Dec. 26, 2013, 127 Stat. 1077

Section, Pub. L. 107–314, div. D, title XLIV, §4421, formerly Pub. L. 104–201, div. C, title XXXI, §3143, Sept. 23, 1996, 110 Stat. 2836; renumbered Pub. L. 107–314, div. D, title XLIV, §4421, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(11), Nov. 24, 2003, 117 Stat. 1766, related to projects to accelerate closure activities at defense nuclear facilities.

§2602. Reports in connection with permanent closures of Department of Energy defense nuclear facilities

(a) Training and job placement services plan

Not later than 120 days before a Department of Energy defense nuclear facility permanently ceases all production and processing operations, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a discussion of the training and job placement services needed to enable the employees at such facility to obtain employment in the defense environmental cleanup activities at such facility. The discussion shall include the actions that should be taken by the contractor operating and managing such facility to provide retraining and job placement services to employees of such contractor.

(b) Closure report

Upon the permanent cessation of production operations at a Department of Energy defense nuclear facility, the Secretary of Energy shall submit to Congress a report containing—

(1) a complete survey of environmental problems at the facility;

(2) budget quality data indicating the cost of defense environmental cleanup activities at the facility; and

(3) a discussion of the proposed cleanup schedule.

(Pub. L. 107–314, div. D, title XLIV, §4422, formerly Pub. L. 101–189, div. C, title XXXI, §3156, Nov. 29, 1989, 103 Stat. 1683; renumbered Pub. L. 107–314, div. D, title XLIV, §4422, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(12), Nov. 24, 2003, 117 Stat. 1766; Pub. L. 113–66, div. C, title XXXI, §3146(a)(2)(E), (e)(11), Dec. 26, 2013, 127 Stat. 1073, 1077.)

Codification

Section was formerly classified to section 7274b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Prior Provisions

A prior section 2611, Pub. L. 107–314, div. D, title XLIV, §4431, formerly Pub. L. 105–85, div. C, title XXXI, §3132, Nov. 18, 1997, 111 Stat. 2034; renumbered Pub. L. 107–314, div. D, title XLIV, §4431, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(14), Nov. 24, 2003, 117 Stat. 1767, related to defense environmental management privatization projects, prior to repeal by Pub. L. 113–66, div. C, title XXXI, §3146(e)(12), Dec. 26, 2013, 127 Stat. 1078.

Amendments

2013—Subsec. (a). Pub. L. 113–66, §3146(e)(11)(A), substituted "shall submit" for "must submit" and "defense environmental cleanup" for "environmental remediation and cleanup".

Pub. L. 113–66, §3146(a)(2)(E), struck out "(as defined in section 2286g of title 42)" after "defense nuclear facility".

Subsec. (b)(2). Pub. L. 113–66, §3146(e)(11)(B), substituted "defense environmental cleanup activities" for "environmental restoration and other remediation and cleanup efforts".

2003Pub. L. 108–136, §3141(g)(12)(D), made technical amendment to section catchline.

Defense Site Acceleration Completion

Pub. L. 108–375, div. C, title XXXI, §3116, Oct. 28, 2004, 118 Stat. 2162, provided that:

"(a) In General.—Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101 et seq.], the requirements of section 202 of the Energy Reorganization Act of 1974 [42 U.S.C. 5842], and other laws that define classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State, the term 'high-level radioactive waste' does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy (in this section referred to as the 'Secretary'), in consultation with the Nuclear Regulatory Commission (in this section referred to as the 'Commission'), determines—

"(1) does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste;

"(2) has had highly radioactive radionuclides removed to the maximum extent practical; and

"(3)(A) does not exceed concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of—

"(i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and

"(ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or

"(B) exceeds concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, but will be disposed of—

"(i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations;

"(ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; and

"(iii) pursuant to plans developed by the Secretary in consultation with the Commission.

"(b) Monitoring by Nuclear Regulatory Commission.—(1) The Commission shall, in coordination with the covered State, monitor disposal actions taken by the Department of Energy pursuant to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of assessing compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations.

"(2) If the Commission considers any disposal actions taken by the Department of Energy pursuant to those subparagraphs to be not in compliance with those performance objectives, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the Department of Energy, the covered State, and the following congressional committees:

"(A) The Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.

"(B) The Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate.

"(3) For fiscal year 2005, the Secretary shall, from amounts available for defense site acceleration completion, reimburse the Commission for all expenses, including salaries, that the Commission incurs as a result of performance under subsection (a) and this subsection for fiscal year 2005. The Department of Energy and the Commission may enter into an interagency agreement that specifies the method of reimbursement. Amounts received by the Commission for performance under subsection (a) and this subsection may be retained and used for salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code, and shall remain available until expended.

"(4) For fiscal years after 2005, the Commission shall include in the budget justification materials submitted to Congress in support of the Commission budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) the amounts required, not offset by revenues, for performance under subsection (a) and this subsection.

"(c) Inapplicability to Certain Materials.—Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the covered State.

"(d) Covered States.—For purposes of this section, the following States are covered States:

"(1) The State of South Carolina.

"(2) The State of Idaho.

"(e) Construction.—(1) Nothing in this section shall impair, alter, or modify the full implementation of any Federal Facility Agreement and Consent Order or other applicable consent decree for a Department of Energy site.

"(2) Nothing in this section establishes any precedent or is binding on the State of Washington, the State of Oregon, or any other State not covered by subsection (d) for the management, storage, treatment, and disposition of radioactive and hazardous materials.

"(3) Nothing in this section amends the definition of 'transuranic waste' or regulations for repository disposal of transuranic waste pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act [Pub. L. 102–579, 106 Stat. 4777] or part 191 of title 40, Code of Federal Regulations.

"(4) Nothing in this section shall be construed to affect in any way the obligations of the Department of Energy to comply with section 4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).

"(5) Nothing in this section amends the West Valley Demonstration Act [Pub. L. 96–368] (42 U.S.C. 2121a [2021a] note).

"(f) Judicial Review.—Judicial review shall be available in accordance with chapter 7 of title 5, United States Code, for the following:

"(1) Any determination made by the Secretary or any other agency action taken by the Secretary pursuant to this section.

"(2) Any failure of the Commission to carry out its responsibilities under subsection (b)."

Sandia National Laboratories

Pub. L. 108–199, div. H, §127, Jan. 23, 2004, 118 Stat. 440, provided that: "Funds appropriated in this, or any other Act hereafter, may not be obligated to pay, on behalf of the United States or a contractor or subcontractor of the United States, to post a bond or fulfill any other financial responsibility requirement relating to closure or post-closure care and monitoring of Sandia National Laboratories and properties held or managed by Sandia National Laboratories prior to implementation of closure or post-closure monitoring. The State of New Mexico or any other entity may not enforce against the United States or a contractor or subcontractor of the United States, in this year or any other fiscal year, a requirement to post bond or any other financial responsibility requirement relating to closure or post-closure care and monitoring of Sandia National Laboratories in New Mexico and properties held or managed by Sandia National Laboratories in New Mexico."

§2603. Plan for deactivation and decommissioning of nonoperational defense nuclear facilities

(a) In general

The Secretary of Energy shall, during each even-numbered year beginning in 2016, develop and subsequently carry out a plan for the activities of the Department of Energy relating to the deactivation and decommissioning of nonoperational defense nuclear facilities.

(b) Elements

The plan required by subsection (a) shall include the following:

(1) A list of nonoperational defense nuclear facilities, prioritized for deactivation and decommissioning based on the potential to reduce risks to human health, property, or the environment and to maximize cost savings.

(2) An assessment of the life cycle costs of each nonoperational defense nuclear facility during the period beginning on the date on which the plan is submitted under subsection (d) and ending on the earlier of—

(A) the date that is 25 years after the date on which the plan is submitted; or

(B) the estimated date for deactivation and decommissioning of the facility.


(3) An estimate of the cost and time needed to deactivate and decommission each nonoperational defense nuclear facility.

(4) A schedule for when the Office of Environmental Management will accept each nonoperational defense nuclear facility for deactivation and decommissioning.

(5) An estimate of costs that could be avoided by—

(A) accelerating the cleanup of nonoperational defense nuclear facilities; or

(B) other means, such as reusing such facilities for another purpose.

(c) Plan for transfer of responsibility for certain facilities

The Secretary shall, during 2016, develop and subsequently carry out a plan under which the Administrator shall transfer, by March 31, 2019, to the Assistant Secretary for Environmental Management the responsibility for decontaminating and decommissioning facilities of the Administration that the Secretary determines—

(1) are nonoperational as of September 30, 2015; and

(2) meet the requirements of the Office of Environmental Management for such transfer.

(d) Submission to Congress

Not later than March 31 of each even-numbered year beginning in 2016, the Secretary shall submit to the appropriate congressional committees a report that includes—

(1) the plan required by subsection (a);

(2) a description of the deactivation and decommissioning actions expected to be taken during the following fiscal year pursuant to the plan;

(3) in the case of the report submitting 1 during 2016, the plan required by subsection (c); and

(4) in the case of a report submitted during 2018 or any year thereafter, a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear facility during the preceding fiscal year.

(e) Termination

The requirements of this section shall terminate after the submission to the appropriate congressional committees of the report required by subsection (d) to be submitted not later than March 31, 2026.

(f) Definitions

In this section:

(1) The term "appropriate congressional committees" means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.


(2) The term "life cycle costs", with respect to a facility, means—

(A) the present and future costs of all resources and associated cost elements required to develop, produce, deploy, or sustain the facility; and

(B) the present and future costs to deactivate, decommission, and deconstruct the facility.


(3) The term "nonoperational defense nuclear facility" means a production facility or utilization facility (as those terms are defined in section 2014 of title 42) under the control or jurisdiction of the Secretary of Energy and operated for national security purposes that is no longer needed for the mission of the Department of Energy, including the National Nuclear Security Administration.

(Pub. L. 107–314, div. D, title XLIV, §4423, as added Pub. L. 114–92, div. C, title XXXI, §3133(a), Nov. 25, 2015, 129 Stat. 1205.)

1 So in original. Probably should be "submitted".

Part C—Hanford Reservation, Washington

Codification

Pub. L. 113–66, div. C, title XXXI, §3146(e)(16)(C), Dec. 26, 2013, 127 Stat. 1078, redesignated part D as C.

Prior Provisions

A prior part C, consisting of section 2611, related to privatization, prior to repeal by Pub. L. 113–66, div. C, title XXXI, §3146(e)(12), Dec. 26, 2013, 127 Stat. 1078.

§2621. Safety measures for waste tanks at Hanford Nuclear Reservation

(a) Identification and monitoring of tanks

Not later than February 3, 1991, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed.

(b) Action plans

Not later than March 5, 1991, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a).

(c) Prohibition

Beginning March 5, 1991, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the tank does not pose a serious potential for release of high-level nuclear waste.

(Pub. L. 107–314, div. D, title XLIV, §4441, formerly Pub. L. 101–510, div. C, title XXXI, §3137, Nov. 5, 1990, 104 Stat. 1833; renumbered Pub. L. 107–314, div. D, title XLIV, §4441, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(16), Nov. 24, 2003, 117 Stat. 1767; Pub. L. 113–291, div. C, title XXXI, §3142(h), Dec. 19, 2014, 128 Stat. 3900.)

Amendments

2014—Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: "Not later than May 5, 1991, the Secretary shall submit to Congress a report on actions taken to promote tank safety, including actions taken pursuant to this section, and the Secretary's timetable for resolving outstanding issues on how to handle the waste in such tanks."

2003Pub. L. 108–136, §3141(g)(16)(D)(i), made technical amendment to section catchline.

Subsec. (a). Pub. L. 108–136, §3141(g)(16)(D)(ii), substituted "Not later than February 3, 1991," for "Within 90 days after the date of the enactment of this Act,".

Subsec. (b). Pub. L. 108–136, §3141(g)(16)(D)(iii), substituted "Not later than March 5, 1991," for "Within 120 days after the date of the enactment of this Act,".

Subsec. (c). Pub. L. 108–136, §3141(g)(16)(D)(iv), substituted "Beginning March 5, 1991," for "Beginning 120 days after the date of the enactment of this Act,".

Subsec. (d). Pub. L. 108–136, §3141(g)(16)(D)(v), substituted "Not later than May 5, 1991," for "Within six months after the date of the enactment of this Act,".

§2622. Hanford waste tank cleanup program reforms

(a) Establishment of Office of River Protection

The Secretary of Energy shall establish an office at the Hanford Reservation, Richland, Washington, to be known as the "Office of River Protection" (in this section referred to as the "Office").

(b) Management and responsibilities of Office

(1) The Office shall be headed by a senior official of the Department of Energy, who shall report to the Assistant Secretary of Energy for Environmental Management.

(2) The head of the Office shall be responsible for managing all aspects of the River Protection Project, Richland, Washington, including Hanford Tank Farm operations and the Waste Treatment Plant.

(3)(A) The Assistant Secretary of Energy for Environmental Management shall delegate in writing responsibility for the management of the River Protection Project, Richland, Washington, to the head of the Office.

(B) Such delegation shall include, at a minimum, authorities for contracting, financial management, safety, and general program management that are equivalent to the authorities of managers of other operations offices of the Department of Energy.

(C) The head of the Office shall, to the maximum extent possible, coordinate all activities of the Office with the manager of the Richland Operations Office of the Department of Energy.

(c) Department responsibilities

The Secretary shall provide the head of the Office with the resources and personnel necessary to carry out the responsibilities specified in subsection (b)(2).

(d) Notification

The Assistant Secretary of Energy for Environmental Management shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notification detailing any changes in the roles, responsibilities, and reporting relationships that involve the Office.

(e) Termination

The Office shall terminate on September 30, 2024. The Office may be extended beyond that date if the Assistant Secretary of Energy for Environmental Management determines in writing that termination would disrupt effective management of the Hanford Tank Farm operations.

(Pub. L. 107–314, div. D, title XLIV, §4442, formerly Pub. L. 105–261, div. C, title XXXI, §3139, Oct. 17, 1998, 112 Stat. 2250; Pub. L. 106–398, §1 [div. C, title XXXI, §3141(b)–(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-463; Pub. L. 107–107, div. C, title XXXI, §3135, Dec. 28, 2001, 115 Stat. 1368; renumbered Pub. L. 107–314, div. D, title XLIV, §4442, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(17), Nov. 24, 2003, 117 Stat. 1767; Pub. L. 112–81, div. C, title XXXI, §3113, Dec. 31, 2011, 125 Stat. 1709; Pub. L. 113–66, div. C, title XXXI, §3146(e)(13), Dec. 26, 2013, 127 Stat. 1078; Pub. L. 115–232, div. C, title XXXI, §3118, Aug. 13, 2018, 132 Stat. 2292.)

Amendments

2018—Subsec. (e). Pub. L. 115–232 substituted "2024" for "2019".

2013—Subsec. (b)(2). Pub. L. 113–66 substituted "responsible for managing all aspects" for "responsible for managing all aspects".

2011—Subsec. (b)(2). Pub. L. 112–81, §3113(1), substituted "all aspects of the River Protection Project, Richland, Washington, including Hanford Tank Farm operations and the Waste Treatment Plant" for ", consistent with the policy direction established by the Department, all aspects of the River Protection Project, Richland, Washington".

Subsec. (d). Pub. L. 112–81, §3113(2), amended subsec. (d) generally. Prior to amendment, text read as follows: "The Assistant Secretary of Energy for Environmental Management shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than November 29, 2000, a copy of the delegation of authority required by subsection (b)(3)."

Subsecs. (e), (f). Pub. L. 112–81, §3113(3), added subsec. (e) and struck out former subsecs. (e) and (f), which, respectively, required the Secretary to submit a progress report not later than 2 years after the commencement of Office operations and provided for termination of the Office.

2003—Subsec. (d). Pub. L. 108–136, §3141(g)(17)(D), substituted "November 29, 2000," for "30 days after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001,".

2001—Subsec. (f). Pub. L. 107–107 amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:

"(1) The Office shall terminate 5 years after the commencement of operations under this section unless the Secretary determines that termination on that date would disrupt effective management of the Hanford Tank Farm operations.

"(2) The Secretary shall notify, in writing, the committees referred to in subsection (d) of a determination under paragraph (1)."

2000—Subsec. (b). Pub. L. 106–398, §1 [div. C, title XXXI, §3141(b)], substituted "managing, consistent with the policy direction established by the Department, all aspects of the River Protection Project, Richland, Washington" for "managing all aspects of the Tank Waste Remediation System (also referred to as the Hanford Tank Farm operations), including those portions under privatization contracts, of the Department of Energy at Hanford" in par. (2) and added par. (3).

Subsec. (c). Pub. L. 106–398, §1 [div. C, title XXXI, §3141(c)], substituted "head" for "manager" and "to carry out the responsibilities specified in subsection (b)(2)" for "to manage the tank waste privatization program at Hanford in an efficient and streamlined manner".

Subsec. (d). Pub. L. 106–398, §1 [div. C, title XXXI, §3141(d)], amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committees on Commerce and on National Security of the House of Representatives an integrated management plan for all aspects of the Hanford Tank Farm operations, including the roles, responsibilities, and reporting relationships of the Office."

§2623. River Protection Project

The tank waste remediation system environmental project, Richland, Washington, including all programs relating to the retrieval and treatment of tank waste at the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the "River Protection Project". Any reference to that project in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the River Protection Project.

(Pub. L. 107–314, div. D, title XLIV, §4443, formerly Pub. L. 106–398, §1 [div. C, title XXXI, §3141(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-462; renumbered Pub. L. 107–314, div. D, title XLIV, §4443, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(18), Nov. 24, 2003, 117 Stat. 1768.)

Amendments

2003Pub. L. 108–136, §3141(g)(18)(C), inserted section catchline and struck out former subsec. heading.

§2624. Funding for termination costs of River Protection Project, Richland, Washington

The Secretary of Energy may not use appropriated funds to establish a reserve for the payment of any costs of termination of any contract relating to the River Protection Project, Richland, Washington (as designated by section 2623 of this title), that is terminated after October 30, 2000. Such costs may be paid from—

(1) appropriations originally available for the performance of the contract concerned;

(2) appropriations currently available for privatization initiatives in carrying out defense environmental cleanup activities necessary for national security programs, and not otherwise obligated; or

(3) funds appropriated specifically for the payment of such costs.

(Pub. L. 107–314, div. D, title XLIV, §4444, formerly Pub. L. 106–398, §1 [div. C, title XXXI, §3131], Oct. 30, 2000, 114 Stat. 1654, 1654A-454; renumbered Pub. L. 107–314, div. D, title XLIV, §4444, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(19), Nov. 24, 2003, 117 Stat. 1768; Pub. L. 113–66, div. C, title XXXI, §3146(e)(14), Dec. 26, 2013, 127 Stat. 1078.)

Amendments

2013—Par. (2). Pub. L. 113–66 substituted "defense environmental cleanup" for "environmental restoration and waste management".

2003Pub. L. 108–136, §3141(g)(19)(D), in introductory provisions, substituted "section 2623 of this title" for "section 3141" and "October 30, 2000" for "the date of the enactment of this Act".

§2625. Plan for tank farm waste at Hanford Nuclear Reservation

(a) Plan

Not later than June 1, 2014, the Secretary of Energy shall submit to the congressional defense committees a plan for the initial activities (as defined in subsection (d)) for the Waste Treatment and Immobilization Plant and any related, required infrastructure facilities.

(b) Matters included

The plan under subsection (a) shall include the following:

(1) A list of significant requirements needed for the initial activities.

(2) A schedule of significant activities needed to carry out the initial activities.

(3) Actions required to accelerate, to the extent possible, the treatment of lower risk, low-activity waste while continuing efforts to resolve the technical challenges associated with higher risk, high-activity waste.

(4) A description of how the Secretary will—

(A) provide adequate protection to workers and the public under the plan; and

(B) incorporate into the plan any significant new science and technical information that was not available before the development of the plan.

(c) Determinations

(1) For each significant requirement identified by the Secretary under subsection (b)(1), the Secretary shall include in the plan submitted under subsection (a) a determination regarding whether such requirement is finalized and will be used to inform the initial activities.

(2) For each significant requirement that the Secretary cannot make a finalized determination for under paragraph (1) by the date on which the plan under subsection (a) is submitted to the congressional defense committees, the Secretary shall—

(A) include in the plan—

(i) a description of the requirement;

(ii) a list of significant activities required to finalize the requirement; and

(iii) the date on which the Secretary anticipates making such determination; and


(B) once the Secretary makes a determination that such a significant requirement is finalized, submit to such committees notification that the requirement is finalized and will be used to inform the initial activities.


(3)(A) Notwithstanding any determination made under paragraph (1) with respect to a significant requirement identified by the Secretary under subsection (b)(1)—

(i) the Secretary shall change a requirement if necessary to provide adequate protection to workers and the public; and

(ii) the Secretary may change a requirement if the Secretary determines such change is necessary.


(B) If the Secretary authorizes a change to a requirement under subparagraph (A) that will have a significant material effect on the schedule or cost of the initial activities, the Secretary shall promptly notify the congressional defense committees of such change.

(C) The authority of the Secretary under this paragraph may be delegated only to the Deputy Secretary of Energy.

(d) Initial activities defined

In this section, the term "initial activities" means activities necessary to start the operations of the Waste Treatment and Immobilization Plant at the Hanford Tank Farms of the Hanford Nuclear Reservation, Richland, Washington, with respect to the design, construction, and operating of the Waste Treatment and Immobilization Plant and any related, required infrastructure facilities.

(Pub. L. 107–314, div. D, title XLIV, §4445, as added Pub. L. 113–66, div. C, title XXXI, §3127(a), Dec. 26, 2013, 127 Stat. 1064.)

§2626. Hanford Waste Treatment and Immobilization Plant contract oversight

(a) In general

Not later than 180 days after November 25, 2015, the Secretary of Energy shall arrange to have an owner's agent advise the Secretary in carrying out the oversight responsibilities of the Secretary with respect to the contract described in subsection (b).

(b) Contract described

The contract described in this subsection is the contract between the Office of River Protection of the Department of Energy and Bechtel National, Inc., or its successor relating to the Hanford Waste Treatment and Immobilization Plant (contract number DE–AC27–01RV14136).

(c) Duties

The duties of the owner's agent under subsection (a) shall include advising the Secretary with respect to the following:

(1) Performing design, construction, nuclear safety, and operability oversight of each facility covered by the contract described in subsection (b).

(2) Beginning not later than one year after November 25, 2015, ensuring that the preliminary documented safety analyses for all facilities covered by the contract meet the requirements of all applicable Department of Energy regulations and guidance, including section 830.206 of title 10, Code of Federal Regulations, and the Department of Energy Standard on the Integration of Safety into the Design Process (DOE–STD–1189–2008).

(3) Ensuring that, until the Secretary approves the documented safety analysis for each facility covered by the contract, the contractor ensures that each preliminary documented safety analysis is current.

(4) Ensuring that the contractor acts to promptly resolve any unreviewed safety questions.

(d) Report on selection of the owner's agent

Not later than 30 days after the selection of the owner's agent under subsection (a), the Secretary shall submit to the congressional defense committees a report on the process used to select the owner's agent to ensure that the owner's agent does not have a conflict of interest.

(e) Definitions

In this section:

(1) The term "contractor" means Bechtel National, Inc.

(2) The term "current", with respect to a documented safety analysis, means that the documented safety analysis includes any design changes approved by the contractor and any safety evaluation reports issued by the Secretary with respect to the facility covered by the analysis before the date that is 60 days before the date of the analysis.

(3) The terms "documented safety analysis", "safety evaluation report", and "unreviewed safety question" have the meanings given those terms in section 830.3 of title 10, Code of Federal Regulations (or any corresponding similar ruling or regulation).

(4) The term "owner's agent" means a private third-party entity with nuclear safety management expertise.

(Pub. L. 107–314, div. D, title XLIV, §4446, as added Pub. L. 114–92, div. C, title XXXI, §3116(a), Nov. 25, 2015, 129 Stat. 1194; Pub. L. 115–232, div. C, title XXXI, §3137(a), Aug. 13, 2018, 132 Stat. 2303.)

Amendments

2018—Subsecs. (d) to (f). Pub. L. 115–232 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which related to report on activities of owner's agent.

§2627. Notification regarding air release of radioactive or hazardous material

If the Secretary of Energy (or a designee of the Secretary) is notified of an improper release into the air of radioactive or hazardous material above applicable statutory or regulatory limits that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, the Secretary (or designee of the Secretary) shall—

(1) not later than two business days after being notified of the release, notify the congressional defense committees of the release; and

(2) not later than seven business days after being notified of the release, provide the congressional defense committees a briefing on the status of the release, including—

(A) the cause of the release, if known; and

(B) preliminary plans to address and remediate the release, including associated costs and timelines.

(Pub. L. 107–314, div. D, title XLIV, §4447, as added Pub. L. 115–232, div. C, title XXXI, §3115(a), Aug. 13, 2018, 132 Stat. 2291.)

Part D—Savannah River Site, South Carolina

Codification

Pub. L. 113–66, div. C, title XXXI, §3146(e)(16)(C), Dec. 26, 2013, 127 Stat. 1078, redesignated part E as D.

Prior Provisions

A prior part D, consisting of sections 2621 to 2625, was redesignated part C of this subchapter by Pub. L. 113–66, div. C, title XXXI, §3146(e)(16)(C), Dec. 26, 2013, 127 Stat. 1078.

§2631. Accelerated schedule for isolating high-level nuclear waste at the Defense Waste Processing Facility, Savannah River Site

The Secretary of Energy shall accelerate the schedule for the isolation of high-level nuclear waste in glass canisters at the Defense Waste Processing Facility at the Savannah River Site, South Carolina, if the Secretary determines that the acceleration of such schedule—

(1) will achieve long-term cost savings to the Federal Government; and

(2) could accelerate the removal and isolation of high-level nuclear waste from long-term storage tanks at the site.

(Pub. L. 107–314, div. D, title XLIV, §4451, formerly Pub. L. 104–201, div. C, title XXXI, §3141, Sept. 23, 1996, 110 Stat. 2834; renumbered Pub. L. 107–314, div. D, title XLIV, §4451, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(21), Nov. 24, 2003, 117 Stat. 1769.)

§2632. Multi-year plan for clean-up

The Secretary of Energy shall develop and implement a multi-year plan for the clean-up of nuclear waste at the Savannah River Site that results, or has resulted, from the following:

(1) Nuclear weapons activities carried out at the site.

(2) The processing, treating, packaging, and disposal of Department of Energy domestic and foreign spent nuclear fuel rods at the site.

(Pub. L. 107–314, div. D, title XLIV, §4452, formerly Pub. L. 104–201, div. C, title XXXI, §3142(e), Sept. 23, 1996, 110 Stat. 2836; renumbered Pub. L. 107–314, div. D, title XLIV, §4452, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(22), Nov. 24, 2003, 117 Stat. 1769.)

Amendments

2003Pub. L. 108–136, §3141(g)(22)(C), inserted section catchline, struck out former subsec. heading, and inserted in text "of Energy" after "The Secretary".

§2633. Continuation of processing, treatment, and disposal of legacy nuclear materials

The Secretary of Energy shall continue operations and maintain a high state of readiness at the H–canyon facility at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facility.

(Pub. L. 107–314, div. D, title XLIV, §4453, formerly Pub. L. 106–398, §1 [div. C, title XXXI, §3137(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-460; renumbered Pub. L. 107–314, div. D, title XLIV, §4453, and amended Pub. L. 108–136, div. C, title XXXI, §§3115(a), 3141(g)(23)(A), Nov. 24, 2003, 117 Stat. 1745, 1769.)

Amendments

2003Pub. L. 108–136, §3141(g)(23)(A)(iii), inserted section catchline and struck out former subsec. heading.

Pub. L. 108–136, §3115(a), substituted "H–canyon facility" for "F–canyon and H–canyon facilities" and "such facility" for "such facilities".

§§2634 to 2637. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(e)(15), Dec. 26, 2013, 127 Stat. 1078

Section 2634, Pub. L. 107–314, div. D, title XLIV, §4453A, formerly Pub. L. 106–65, div. C, title XXXI, §3132, Oct. 5, 1999, 113 Stat. 925; renumbered Pub. L. 107–314, div. D, title XLIV, §4453A, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(23)(B), Nov. 24, 2003, 117 Stat. 1769, related to continuation of processing, treatment, and disposition of legacy nuclear materials.

Section 2635, Pub. L. 107–314, div. D, title XLIV, §4453B, formerly Pub. L. 105–261, div. C, title XXXI, §3135, Oct. 17, 1998, 112 Stat. 2248; renumbered Pub. L. 107–314, div. D, title XLIV, §4453B, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(23)(C), Nov. 24, 2003, 117 Stat. 1770, related to continuation of processing, treatment, and disposition of legacy nuclear materials.

Section 2636, Pub. L. 107–314, div. D, title XLIV, §4453C, formerly Pub. L. 105–85, div. C, title XXXI, §3136(b), Nov. 18, 1997, 111 Stat. 2038; renumbered Pub. L. 107–314, div. D, title XLIV, §4453C, by Pub. L. 108–136, div. C, title XXXI, §3141(g)(23)(D), Nov. 24, 2003, 117 Stat. 1770, related to continuation of processing, treatment, and disposal of legacy nuclear materials.

Section 2637, Pub. L. 107–314, div. D, title XLIV, §4453D, formerly Pub. L. 104–201, div. C, title XXXI, §3142(f), Sept. 23, 1996, 110 Stat. 2836; renumbered Pub. L. 107–314, div. D, title XLIV, §4453D, and amended Pub. L. 108–136, div. C, title XXXI, §3141(g)(23)(E), Nov. 24, 2003, 117 Stat. 1770, related to continuation of processing, treatment, and disposal of legacy nuclear materials.

§2638. Limitation on use of funds for decommissioning F–canyon facility

No amounts authorized to be appropriated or otherwise made available for the Department of Energy by the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398) or any other Act may be obligated or expended for purposes of commencing the decommissioning of the F–canyon facility at the Savannah River Site until the Secretary of Energy submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, and the Defense Nuclear Facilities Safety Board, a report setting forth—

(1) an assessment of whether or not all materials present in the F–canyon facility as of the date of the report that required stabilization have been safely stabilized as of that date;

(2) an assessment of whether or not the requirements applicable to the F–canyon facility to meet the future needs of the United States for fissile materials disposition can be met through full use of the H–canyon facility at the Savannah River Site; and

(3) if it appears that one or more of the requirements described in paragraph (2) cannot be met through full use of the H–canyon facility—

(A) an identification by the Secretary of each such requirement that cannot be met through full use of the H–canyon facility; and

(B) for each requirement so identified, the reasons why such requirement cannot be met through full use of the H–canyon facility and a description of the alternative capability for fissile materials disposition that is needed to meet such requirement.

(Pub. L. 107–314, div. D, title XLIV, §4454, formerly Pub. L. 106–398, §1 [div. C, title XXXI, §3137(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-460; renumbered Pub. L. 107–314, div. D, title XLIV, §4454, and amended Pub. L. 108–136, div. C, title XXXI, §§3115(b), 3141(g)(24), Nov. 24, 2003, 117 Stat. 1745, 1770; Pub. L. 113–291, div. C, title XXXI, §3142(i), Dec. 19, 2014, 128 Stat. 3900.)

References in Text

The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, referred to in text, is Pub. L. 106–398, §1 [H.R. 5408], Oct. 30, 2000, 114 Stat. 1654, 1654A-1, as amended. For complete classification of this Act to the Code, see Tables.

Amendments

2014—Pars. (1), (2). Pub. L. 113–291 inserted "of" after "assessment".

2003Pub. L. 108–136, §3141(g)(24)(C), inserted section catchline, struck out former subsec. heading, and, in introductory provisions, substituted "the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398) or any other Act" for "this or any other Act" and "the Secretary of Energy" for "the Secretary".

Pub. L. 108–136, §3115(b)(2), substituted "a report setting forth—" and pars. (1) to (3) for "the following:" and former pars. (1) to (3) which contained somewhat similar provisions.

Pub. L. 108–136, §3115(b)(1), in introductory provisions, substituted "submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, and the Defense Nuclear Facilities Safety Board," for "and the Defense Nuclear Facilities Safety Board jointly submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives".