42 U.S.C. § 7274g — Environmental restoration and waste

Page 7102 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7274f AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–244 substituted ‘‘sec- tion 101 of the Higher Education Act of 1965’’ for ‘‘sec- tion 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))’’. 1994—Subsec. (a). Pub. L. 103–337 inserted at end ‘‘The scholarship and fellowship program shall be known as the ‘Marilyn Lloyd Scholarship and Fellowship Pro- gram’.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. C, title XXXI, § 3156(b)(2), Oct. 5, 1994, 108 Stat. 3092, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on January 3, 1995.’’ § 7274f. Transferred Editorial Notes CODIFICATION Section, Pub. L. 102–190, div. C, title XXXI, § 3134, Dec. 5, 1991, 105 Stat. 1575, which related to the Defense En- vironmental Restoration and Waste Management Ac- count, was renumbered section 4401 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(g)(2), Nov. 24, 2003, 117 Stat. 1764, and is classified to section 2581 of Title 50, War and National Defense. § 7274g. Environmental restoration and waste management five-year plan and budget re- ports (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 manage- ment 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 nu- clear facilities. The plan also shall contain a de- scription 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 de- signed 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 re- ferred to in paragraph (4) (other than the mat- ters referred to in subparagraph (J) of that para- graph). The Secretary shall provide the prelimi- nary plan to the Governors and Attorneys Gen- eral of affected States, appropriate representa- tives 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 rep- resentatives 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, per- mits, orders, and agreements. The plan shall in- clude, 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, regula- tions, 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 ac- tivities planned for each such facility. (C) A description of research and develop- ment activities for the expeditious and effi- cient environmental restoration of such facili- ties. (D) A description of the technologies and fa- cilities necessary to carry out the environ- mental 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 decon- taminate and decommission the facilities, as the case may be. (F) A description of research and develop- ment activities for waste management. (G) A description of the technologies and fa- cilities necessary to carry out the waste man- agement 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 re- quired 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 Ad- ministrator of the Environmental Protection Agency, Governors and Attorneys General of af- fected States, and appropriate representatives of affected Indian tribes in the preparation of the plan and the preliminary form of the plan pursu- ant 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 af- fected Indian tribes, and (B) a summary of com- ments submitted by the public. (6) The first annual five-year plan issued pur- suant to this section shall be issued in 1992. 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.