10 U.S.C. § 6173: Requirement to develop…

§6173 Requirement to Develop Future Use Plans for Defense Environmental Cleanup

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B — Atomic Energy Defense › CHAPTER 604 — DEFENSE ENVIRONMENTAL CLEANUP MATTERS › SUBCHAPTER I — DEFENSE ENVIRONMENTAL CLEANUP › § 6173

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy can make future-use plans for any defense nuclear site where cleanup is happening, and must make plans for three specific sites: the Hanford Site in Richland, Washington; the Savannah River Site in Aiken, South Carolina; and the Idaho National Engineering Laboratory in Idaho. If a site needs a plan and has no citizen advisory board, the Secretary must set one up. The Secretary may let the site manager pay routine board expenses from defense cleanup funds tied to national security. While making a plan, the Secretary must talk with the advisory board (or a similar board that existed on September 23, 1996), local governments (including local redevelopment authorities), and relevant State agencies. Each plan must cover at least 50 years. When a final plan for one of the three listed sites is finished, the Secretary must send Congress a report within 60 days describing the plan and any findings or recommendations. Nothing here forces changes to plans made before September 23, 1996, and nothing changes or overrides existing cleanup laws, health or environmental standards, local zoning, or State authority.

Title 10, §6173

Armed Forces, Source: USLM XML via OLRC

(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.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2582 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.