
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274g. Environmental restoration and waste management five-
        year plan and budget reports
        

(a) Five-year plan

    (1) Not later than September 1 of each year, the Secretary of Energy 
shall issue a plan for environmental restoration and waste management 
activities to be conducted, during the five-year period beginning on 
October 1 of the next calendar year, at all facilities owned or operated 
by the Department of Energy except defense nuclear facilities. The plan 
also shall contain a description of environmental restoration and waste 
management activities conducted during the fiscal year in which the plan 
is submitted and of such activities to be conducted during the fiscal 
year beginning on October 1 of the same calendar year. Such five-year 
plan shall be designed to complete environmental restoration at all such 
Department of Energy facilities not later than the year 2019.
    (2) The Secretary shall prepare each annual five-year plan in a 
preliminary form at least four months before the date on which that plan 
is required to be issued under paragraph (1). The preliminary plan shall 
contain the matters referred to in paragraph (4) (other than the matters 
referred to in subparagraph (J) of that paragraph). The Secretary shall 
provide the preliminary plan to the Governors and Attorneys General of 
affected States, appropriate representatives of affected Indian tribes, 
and the public for coordination, review, and comment.
    (3) At the same time the Secretary issues an annual five-year plan 
under paragraph (1), the Secretary shall submit the plan to the 
President and Congress, publish a notice of the issuance of the plan in 
the Federal Register, and make the plan available to the Governors and 
Attorneys General of affected States, appropriate representatives of 
affected Indian tribes, and the public.
    (4) The annual five-year plan, and the actions and other matters 
contained in the plan, shall be in accordance with all laws, 
regulations, permits, orders, and agreements. The plan shall include, 
with respect to the Department of Energy facilities required by 
paragraph (1) to be covered by the plan, the following matters:
        (A) A description of the actions, including identification of 
    specific projects, necessary to maintain or achieve compliance with 
    Federal, State, or local environmental laws, regulations, permits, 
    orders, and agreements.
        (B) A description of the actions, including identification of 
    specific projects, to be taken at each Department of Energy facility 
    in order to implement environmental restoration activities planned 
    for each such facility.
        (C) A description of research and development activities for the 
    expeditious and efficient environmental restoration of such 
    facilities.
        (D) A description of the technologies and facilities necessary 
    to carry out the environmental restoration activities.
        (E) A description of the waste management activities, including 
    identification of specific projects, necessary to continue to 
    operate the Department of Energy facilities or to decontaminate and 
    decommission the facilities, as the case may be.
        (F) A description of research and development activities for 
    waste management.
        (G) A description of the technologies and facilities necessary 
    to carry out the waste management activities.
        (H) A description of activities and practices that the Secretary 
    is undertaking or plans to undertake to minimize the generation of 
    waste.
        (I) The estimated costs of, and personnel required for, each 
    project, action, or activity contained in the plan.
        (J) A description of the respects in which the plan differs from 
    the preliminary form of that plan issued pursuant to paragraph (2), 
    together with the reasons for any differences.
        (K) A discussion of the implementation of the preceding annual 
    five-year plan.
        (L) Such other matters as the Secretary finds appropriate and in 
    the public interest.

    (5) The Secretary shall consult with the Administrator of the 
Environmental Protection Agency, Governors and Attorneys General of 
affected States, and appropriate representatives of affected Indian 
tribes in the preparation of the plan and the preliminary form of the 
plan pursuant to paragraphs (1) and (2). The Secretary shall include as 
an appendix to the plan (A) all comments submitted on the preliminary 
form of the plan by the Administrator, Governors and Attorneys General 
of affected States, and affected Indian tribes, and (B) a summary of 
comments submitted by the public.
    (6) The first annual five-year plan issued pursuant to this section 
shall be issued in 1992.

(b) Treatment of plans under section 4332

    The development and adoption of any part of any plan (including any 
preliminary form of any such plan) under subsection (a) of this section 
shall not be considered a major Federal action for the purposes of 
subparagraph (C), (E), or (F) of section 4332(2) of this title. Nothing 
in this subsection shall affect the Department of Energy's ongoing 
preparation of a programmatic environmental impact statement on 
environmental restoration and waste management.

(c) Grants

    The Secretary of Energy is authorized to award grants to, and enter 
into cooperative agreements with, affected States and affected Indian 
tribes to assist such States and tribes in participating in the 
development of the annual five-year plan (including the preliminary form 
of such plan).

(d) Funding

    Of the funds authorized to be appropriated pursuant to section 3103, 
$20,000,000 may be used for the purpose of carrying out subsection (c) 
of this section.

(e) Budget reports

    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 
President shall submit to Congress a description of proposed activities 
and funding levels contained in the annual five-year plan (issued, 
pursuant to subsection (a)(1) of this section, in the year preceding the 
year in which the budget is submitted to Congress) that are not included 
in the budget or are included in the budget in a different form or at a 
different funding level, together with the reasons for such differences.

(Pub. L. 102-190, div. C, title XXXI, Sec. 3135, Dec. 5, 1991, 105 Stat. 
1575; Pub. L. 103-337, div. C, title XXXI, Sec. 3160(a), Oct. 5, 1994, 
108 Stat. 3094.)

                       References in Text

    Section 3103, referred to in subsec. (d), is section 3103 of Pub. L. 
102-190, div. C, title XXXI, Dec. 5, 1991, 105 Stat. 1566, which is not 
classified to the Code.

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993, and not as part of the Department of 
Energy Organization Act which comprises this chapter.


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-337, Sec. 3160(a)(1), substituted 
``all facilities owned or operated by the Department of Energy except 
defense nuclear facilities'' for ``(A) defense nuclear facilities and 
(B) all other facilities owned or operated by the Department of Energy'' 
in first sentence and inserted ``such'' after ``restoration at all'' in 
third sentence.
    Subsec. (a)(4). Pub. L. 103-337, Sec. 3160(a)(2), substituted ``The 
plan shall include, with respect to the Department of Energy facilities 
required by paragraph (1) to be covered by the plan, the following 
matters:'' for ``The plan shall contain the following matters:'' in 
introductory provisions.
    Subsec. (a)(6), (7). Pub. L. 103-337, Sec. 3160(a)(3), (4), 
redesignated par. (7) as (6) and struck out former par. (6) which read 
as follows: ``The Secretary shall include in the annual five-year plan 
issued in 1992 a discussion of the feasibility and need, if any, for the 
establishment of a contingency fund in the Department of Energy to 
provide funds necessary to meet the requirements in environmental laws, 
to remove an immediate threat to worker or public health and safety, to 
prevent or improve a condition where postponement of activity would lead 
to deterioration of the environment, and to undertake additional 
environmental restoration activities at Department of Energy defense 
nuclear facilities that are not provided for in the budgets for fiscal 
years in which it is necessary to meet such requirements or undertake 
such activities.''


                    Public Participation in Planning

    Section 3160(e) of Pub. L. 103-337 provided that: ``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 environmental restoration and waste management at 
Department of Energy defense nuclear facilities.''
