§2582 — Title 50 War and National Defense | U.S. Code

Summary

The Secretary of Energy may make future-use plans for any defense-related nuclear cleanup site, and must make plans for three sites: Hanford Site (Richland, Washington), Savannah River Site (Aiken, South Carolina), and the Idaho National Engineering Laboratory (Idaho). If the Department plans a future-use plan for a site and there is no citizen advisory board there, the Secretary must create one. The Secretary can let the site manager or a DOE official pay routine board administrative costs from funds set aside for defense cleanup work needed for national security. When making a plan, the Secretary must talk with the citizen board (or a similar board that existed on September 23, 1996), affected local governments (including local redevelopment authorities), and relevant state agencies. Each plan must cover at least 50 years. For any of the three named sites, the Secretary must send Congress a report within 60 days after finishing a final plan. The report should describe the plan and include any findings or recommendations the Secretary thinks are appropriate. Nothing here requires changing plans made before September 23, 1996. This law does not change other legal cleanup requirements, environmental protection standards, or local and State land-use and zoning authority.

Title 50, §2582

War and National Defense — Source: USLM XML via OLRC

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

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

(f)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)(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.

Notes & Related Subsidiaries

Editorial Notes

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

2013—Pub. 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”.

§2582 Requirement to Develop Future Use Plans for Defense Environmental Cleanup

Summary

Title 50, §2582

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata