42 U.S.C. § 7274h — Untitled legal text

Page 7103 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7274j (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) shall not be con- sidered 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 af- fect the Department of Energy’s ongoing prepa- ration 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). (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 Presi- dent 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), in the year preceding the year in which the budget is submitted to Congress) that are not included in the budget or are in- cluded in the budget in a different form or at a different funding level, together with the rea- sons for such differences. (Pub. L. 102–190, div. C, title XXXI, § 3135, Dec. 5, 1991, 105 Stat. 1575; Pub. L. 103–337, div. C, title XXXI, § 3160(a), Oct. 5, 1994, 108 Stat. 3094.) Editorial Notes 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, § 3160(a)(1), sub- stituted ‘‘all facilities owned or operated by the De- partment of Energy except defense nuclear facilities’’ for ‘‘(A) defense nuclear facilities and (B) all other fa- cilities owned or operated by the Department of En- ergy’’ in first sentence and inserted ‘‘such’’ after ‘‘res- toration at all’’ in third sentence. Subsec. (a)(4). Pub. L. 103–337, § 3160(a)(2), substituted ‘‘The plan shall include, with respect to the Depart- ment 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 in- troductory provisions. Subsec. (a)(6), (7). Pub. L. 103–337, § 3160(a)(3), (4), re- designated 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 im- prove a condition where postponement of activity would lead to deterioration of the environment, and to undertake additional environmental restoration activi- ties 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.’’ Statutory Notes and Related Subsidiaries PUBLIC PARTICIPATION IN PLANNING Pub. L. 103–337, div. C, title XXXI, § 3160(e), Oct. 5, 1994, 108 Stat. 3095, which was formerly set out as a note under this section, was renumbered section 4408 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(9), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2588 of Title 50, War and National Defense. §§ 7274h, 7274i. Transferred Editorial Notes CODIFICATION Section 7274h, Pub. L. 102–484, div. C, title XXXI, § 3161, Oct. 23, 1992, 106 Stat. 2644; Pub. L. 103–337, div. A, title X, § 1070(c)(2), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(7)(A), (f)(6)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419, 2681–430; Pub. L. 107–107, div. A, title X, § 1048(h)(1), Dec. 28, 2001, 115 Stat. 1229, which related to the Department of Energy’s workforce restructuring plan for defense nuclear facili- ties, was renumbered section 4604 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fis- cal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(5)(A)–(C), Nov. 24, 2003, 117 Stat. 1777, and is classified to section 2704 of Title 50, War and National Defense. Section 7274i, Pub. L. 102–484, div. C, title XXXI, § 3162, Oct. 23, 1992, 106 Stat. 2646, which related to a program to monitor Department of Energy workers ex- posed to hazardous and radioactive substances, was re- numbered section 4643 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(14)(A)–(C), Nov. 24, 2003, 117 Stat. 1779, 1780, and is classified to section 2733 of Title 50, War and Na- tional Defense. Statutory Notes and Related Subsidiaries SEMIANNUAL REPORT TO CONGRESS OF LOCAL IMPACT ASSISTANCE Pub. L. 105–85, div. C, title XXXI, § 3153(f), Nov. 18, 1997, 111 Stat. 2044, which was formerly set out as a note under section 7274h of this title, was renumbered section 4851 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(15)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1786, and was classified to section 2821 of Title 50, War and National Defense, prior to re- peal by Pub. L. 112–239, div. C, title XXXI, § 3131(q)(2), Jan. 2, 2013, 126 Stat. 2183. § 7274j. Repealed. Pub. L. 108–136, div. C, title XXXI, § 3141(m)(2), Nov. 24, 2003, 117 Stat. 1787 Section, Pub. L. 102–484, div. C, title XXXI, § 3163, Oct. 23, 1992, 106 Stat. 2647; Pub. L. 104–106, div. A, title XV, § 1504(c)(2), Feb. 10, 1996, 110 Stat. 514, related to defini- tions for purposes of former sections 7274h to 7274j of this title.