10 U.S.C. § 6173 — 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.