TITLE 50 - US CODE - SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT MATTERS

Part A - Environmental Restoration and Waste Management

50 USC 2581 - Defense Environmental Restoration and Waste Management Account

(a) Establishment 
There is hereby established in the Treasury of the United States for the Department of Energy an account to be known as the Defense Environmental Restoration and Waste Management Account (hereafter in this section referred to as the Account).
(b) Amounts in Account 
All sums appropriated to the Department of Energy for environmental restoration and waste management at defense nuclear facilities shall be credited to the Account. Such appropriations shall be authorized annually by law. To the extent provided in appropriations Acts, amounts in the Account shall remain available until expended.

50 USC 2582 - Requirement to develop future use plans for environmental management programs

(a) Authority to develop future use plans 
The Secretary of Energy may develop future use plans for any defense nuclear facility at which environmental restoration and waste management 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) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Carolina.
(4) 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 program direction in carrying out environmental restoration and waste management 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) Deadlines 
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.
(g) 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.
(h) 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 an environmental restoration or waste management activity or project or to modify or otherwise affect applicable statutory or regulatory environmental restoration and waste management 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.

50 USC 2583 - Integrated fissile materials management plan

(a) Plan 
The Secretary of Energy shall develop a long-term plan for the integrated management of fissile materials by the Department of Energy. The plan shall
(1) identify means of coordinating or integrating the responsibilities of the Office of Environmental Management, the Office of Fissile Materials Disposition, the Office of Nuclear Energy, and the Office of Defense Programs for the treatment, storage and disposition of fissile materials, and for the waste streams containing fissile materials, in order to achieve budgetary and other efficiencies in the discharge of those responsibilities; and
(2) identify any expenditures necessary at the sites that are anticipated to have an enduring mission for plutonium management in order to achieve the integrated management of fissile materials by the Department.
(b) Submittal to Congress 
The Secretary shall submit the plan required by subsection (a) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than March 31, 2000.

50 USC 2584 - Baseline environmental management reports

(a) Annual environmental restoration reports 

(1) The Secretary of Energy shall (in the years and at the times specified in paragraph (2)) submit to the Congress a report on the activities and projects necessary to carry out the environmental restoration of all Department of Energy defense nuclear facilities.
(2) Reports under paragraph (1) shall be submitted as follows:
(A) The initial report shall be submitted not later than March 1, 1995.
(B) A report after the initial report shall be submitted in each year after 1995 during which the Secretary of Energy conducts, or plans to conduct, environmental restoration activities and projects, not later than 30 days after the date on which the President submits to the Congress the budget for the fiscal year beginning in that year.
(b) Biennial waste management reports 

(1) The Secretary of Energy shall (in the years and at the times specified in paragraph (2)) submit to the Congress a report on all activities and projects for waste management, including pollution prevention and transition of operational facilities to safe shutdown status, that are necessary for Department of Energy defense nuclear facilities.
(2) Reports required under paragraph (1) shall be submitted as follows:
(A) The initial report shall be submitted not later than June 1, 1995.
(B) A report after the initial report shall be submitted in each odd-numbered year after 1997, not later than 30 days after the date on which the President submits to the Congress the budget for the fiscal year beginning in that year.
(c) Contents of reports 
A report required under subsection (a) or (b) shall be based on compliance with all applicable provisions of law, permits, regulations, orders, and agreements, and shall
(1) provide the estimated total cost of, and the complete schedule for, the activities and projects covered by the report;
(2) with respect to each such activity and project, contain
(A) a description of the activity or project;
(B) a description of the problem addressed by the activity or project;
(C) the proposed remediation of the problem, if the remediation is known or decided;
(D) the estimated cost to complete the activity or project, including, where appropriate, the cost for every five-year increment;
(E) the estimated date for completion of the activity or project, including, where appropriate, progress milestones for every five-year increment; and
(F) a description of the personnel and facilities required to complete the activity or project; and
(3) contain a description of the research and development necessary to develop the technology to conduct the activities and projects covered by the report.
(d) Biennial status and variance reports 

(1) 
(A) The Secretary of Energy shall (in the years and at the time specified in subparagraph (B)) submit to the Congress a status and variance report on environmental restoration and waste management activities and projects at Department of Energy defense nuclear facilities.
(B) A report under subparagraph (A) shall be submitted in 1995 and in each odd-numbered year thereafter during which the Secretary of Energy conducts environmental restoration and waste management activities, not later than 30 days after the date on which the President submits to the Congress the budget for the fiscal year beginning in that year.
(2) Each status and variance report under paragraph (1) shall contain the following:
(A) Information on each such activity and project for which funds were appropriated for the two fiscal years immediately before the fiscal year during which the report is submitted, including the following:
(i) Information on whether or not the activity or project has been completed, and information on the estimated date of completion for activities or projects that have not been completed.
(ii) The total amount of funds expended for the activity or project during such prior fiscal years, including the amount of funds expended from amounts made available as the result of supplemental appropriations or a transfer of funds, and an estimate of the total amount of funds required to complete the activity or project.
(iii) Information on whether the President requested an amount of funds for the activity or project in the budget for the fiscal year during which the report is submitted, and whether such funds were appropriated or transferred.
(iv) An explanation of the reasons for any projected cost variance between actual and estimated expenditures of more than 15 percent or $10,000,000, or any schedule delay of more than six months, for the activity or project.
(B) For the fiscal year during which the report is submitted, a disaggregation of the funds appropriated for Department of Energy defense environmental restoration and waste management into the activities and projects (including discrete parts of multiyear activities and projects) that the Secretary of Energy expects to accomplish during that fiscal year.
(C) For the fiscal year for which the budget is submitted, a disaggregation of the Department of Energy defense environmental restoration and waste management budget request into the activities and projects (including discrete parts of multiyear activities and projects) that the Secretary of Energy expects to accomplish during that fiscal year.
(e) Compliance tracking 
In preparing a report under this section, the Secretary of Energy shall provide, with respect to each activity and project identified in the report, information which is sufficient to track the Department of Energys compliance with relevant Federal and State regulatory milestones.
(f) Public participation in development of information 

(1) The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and Attorneys General of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in the development of information necessary to complete the reports required by subsections (a), (b), and (d).
(2) Consultation under paragraph (1) shall not interfere with the timely submission to Congress of the budget for a fiscal year.
(3) The Secretary may award grants to, and enter into cooperative agreements with, affected States and affected Indian tribes to facilitate the participation of such entities in the development of information under this subsection. The Secretary may also take appropriate action to facilitate the participation of interested members of the public in such development under this subsection.

50 USC 2585 - Accelerated schedule for environmental restoration and waste management activities

(a) Accelerated cleanup 
The Secretary of Energy shall accelerate the schedule for environmental restoration and waste management activities and projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will achieve meaningful, long-term cost savings to the Federal Government and could substantially accelerate the release of land for local reuse.
(b) Consideration of factors 
In making a determination under subsection (a), the Secretary shall consider the following:
(1) The cost savings achievable by the Federal Government.
(2) The amount of time for completion of environmental restoration and waste management activities and projects at the site that can be reduced from the time specified for completion of such activities and projects in the baseline environmental management report required to be submitted for 1995 under section 3153 of the National Defense Authorization Act for Fiscal Year 1994 (42 U.S.C. 7274k), the predecessor provision to section 2584 of this title.
(3) The potential for reuse of the site.
(4) The risks that the site poses to local health and safety.
(5) The proximity of the site to populated areas.
(c) Report 
Not later than May 1, 1996, the Secretary shall submit to Congress a report on each site for which the Secretary has accelerated the schedule for environmental restoration and waste management activities and projects under subsection (a). The report shall include an explanation of the basis for the determination for that site required by such subsection, including an explanation of the consideration of the factors described in subsection (b).
(d) Savings provision 
Nothing in this section may be construed to affect a specific statutory requirement for a specific environmental restoration or waste management activity or project or to modify or otherwise affect applicable statutory or regulatory environmental restoration and waste management requirements, including substantive standards intended to protect public health and the environment.

50 USC 2586 - Defense waste cleanup technology program

(a) Establishment of program 
The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for
(1)  the reduction of environmental hazards and contamination resulting from defense waste, and
(2)  environmental restoration of inactive defense waste disposal sites.
(b) Coordination of research activities 

(1) In order to ensure nonduplication of research activities by the Department of Energy regarding technologies referred to in subsection (a), the Secretary shall coordinate the research activities of the Department of Energy relating to the development of such technologies with the research activities of the Environmental Protection Agency, the Department of Defense, and other appropriate Federal agencies relating to the same matter.
(2) To the extent that funds are otherwise available for obligation, the Secretary may enter into cooperative agreements with the Environmental Protection Agency, the Department of Defense, and other appropriate Federal agencies for the conduct of research for the development of technologies referred to in subsection (a).
(c) Definitions 
As used in this section:
(1) The term defense waste means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.
(2) The term inactive defense waste disposal site means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.

50 USC 2587 - Report on environmental restoration expenditures

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 Secretary of Energy shall submit to Congress a report on how the environmental restoration and waste management funds for defense activities of the Department of Energy were expended during the fiscal year preceding the fiscal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget category, and activity. The report also shall include any schedule changes or modifications to planned activities for the fiscal year in which the budget is submitted.

50 USC 2588 - Public participation in planning for environmental restoration and waste management at defense nuclear facilities

The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and Attorneys General of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in any planning conducted by the Secretary for environmental restoration and waste management at Department of Energy defense nuclear facilities.

50 USC 2589 - Policy of Department of Energy regarding future defense environmental management matters

(a) Policy required 

(1) Commencing not later than October 1, 2005, the Secretary of Energy shall have in effect a policy for carrying out future defense environmental management matters of the Department of Energy. The policy shall specify each officer within the Department with responsibilities for carrying out that policy and, for each such officer, the nature and extent of those responsibilities.
(2) In paragraph (1), the term future defense environmental management matter means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.
(b) Reflection in budget 
For fiscal year 2006 and each fiscal year thereafter, the Secretary shall ensure that the budget justification materials submitted to Congress in support of the Department of Energy budget for such fiscal year (as submitted with the budget of the President under section 1105 (a) of title 31) reflect the policy required by subsection (a).
(c) Consultation 
The Secretary shall carry out this section in consultation with the Administrator for Nuclear Security and the Under Secretary of Energy for Energy, Science, and Environment.
(d) Report 
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2005 (as submitted with the budget of the President under section 1105 (a) of title 31) a report on the policy that the Secretary plans to have in effect under subsection (a) as of October 1, 2005. The report shall specify the officers and responsibilities referred to in subsection (a).

Part B - Closure of Facilities

50 USC 2601 - Projects to accelerate closure activities at defense nuclear facilities

(a) In general 
The Secretary of Energy shall select and carry out closure-acceleration projects in accordance with this section.
(b) Purpose 
The purpose of a closure-acceleration project shall be, within a fixed period of time, to clean up or decommission a Department of Energy defense nuclear facility or portion thereof and to make the facility safe by stabilizing, consolidating, treating, or removing nuclear materials from the facility in order to reduce significantly or eliminate future costs at the facility.
(c) Eligible projects 

(1) The Secretary of Energy may establish a closure-acceleration project as eligible for selection under subsection (e) by
(A) developing a plan for the project that meets the criteria under paragraph (2); and
(B) determining that the project will achieve significant long-term cost savings to the Federal Government from the baseline cost estimate made by the Department of Energy for the project.
(2) A plan for a closure-acceleration project under this section shall
(A) define a clear, delineated scope of work for completion of the project;
(B) demonstrate that, with respect to the site of the proposed project, there is a regulatory agreement between the Department of Energy and other appropriate authorities for the implementation of environmental remediation requirements that would allow for successful completion of the project;
(C) demonstrate, to the maximum extent possible, the support of State and local elected officials and the public for the project;
(D) contain performance-based provisions to be included in the contract for the project, including
(i) clearly stated and results-oriented performance criteria and measures;
(ii) appropriate incentives for the contractor to meet and exceed the performance criteria effectively and efficiently;
(iii) appropriate criteria and incentives for the contractor to seek and engage subcontractors who may more effectively and efficiently perform either unique and technologically challenging tasks or routine and interchangeable services;
(iv) specific incentives for cost savings;
(v) financial accountability; and
(vi) when appropriate, reduction of fee for failure to meet minimum performance criteria and standards;
(E) demonstrate that the project will use new and innovative cleanup and waste management technology with potential for application to other locations and facilities without requiring the development of new technologies; and
(F) demonstrate that the project can be completed within 10 years from the date of its selection.
(d) Program administration 
The Secretary of Energy, acting through the Assistant Secretary for Environmental Management, shall implement a program to carry out the provisions of this section.
(e) Selection of projects 

(1) The Secretary of Energy shall select closure-acceleration projects to be carried out under this section from among those projects established as eligible under subsection (c) that will result in the most significant long-term cost savings to the Government and the most significant reduction of imminent risk.
(2) For each project selected, the Secretary shall submit to Congress a report setting forth the reasons why the project was selected, based on the criteria under subsection (c)(2) and paragraph (1) of this subsection.
(f) Multiyear contracts 
Notwithstanding section 254c (d) of title 41, the Secretary of Energy may enter into multiyear contracts to carry out projects selected under this section for up to 10 program years.
(g) Funding 

(1) In the budget submitted to Congress under section 1105 (a) of title 31 each year, the President shall set forth funds for carrying out closure-acceleration projects under this section as a separate item in the environmental restoration and waste management account of the Department of Energy budget.
(2) Funds appropriated for purposes of carrying out projects under this section shall remain available until expended.
(3) If a closure-acceleration project is being carried out at a defense nuclear facility with funds appropriated for such projects, the Secretary of Energy may not reduce the funds otherwise allocated to that defense nuclear facility for environmental restoration and waste management by reason of the funds being used for the project at that facility.
(4) Funds appropriated for purposes of carrying out projects under this section may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
(h) Annual report 
The Secretary of Energy shall submit each year to Congress a report on the status of each closure-acceleration project being carried out under this section. The report shall include, for each such project, the following:
(1) A description of the funding already provided for the project.
(2) A description of the extent of the cleanup, decommissioning, stabilization, consolidation, treatment, or removal activities completed.
(3) A comparison of the actual results of the project to the original proposal and the actual cost of the project to the originally proposed cost.
(4) A description of the funding needed in future fiscal years for completion of the project.
(i) Duration of program 
No closure-acceleration project selected under this section may be carried out after September 23, 2011.
(j) Savings provision 
Nothing in this section may be construed to affect statutory requirements for an environmental restoration or waste management activity or project or to modify or otherwise affect applicable statutory or regulatory environmental restoration and waste management 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.

50 USC 2602 - Reports in connection with permanent closures of Department of Energy defense nuclear facilities

(a) Training and job placement services plan 
Not later than 120 days before a Department of Energy defense nuclear facility (as defined in section 2286g of title 42) permanently ceases all production and processing operations, the Secretary of Energy must submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a discussion of the training and job placement services needed to enable the employees at such facility to obtain employment in the environmental remediation and cleanup activities at such facility. The discussion shall include the actions that should be taken by the contractor operating and managing such facility to provide retraining and job placement services to employees of such contractor.
(b) Closure report 
Upon the permanent cessation of production operations at a Department of Energy defense nuclear facility, the Secretary of Energy shall submit to Congress a report containing
(1) a complete survey of environmental problems at the facility;
(2) budget quality data indicating the cost of environmental restoration and other remediation and cleanup efforts at the facility; and
(3) a discussion of the proposed cleanup schedule.

Part C - Privatization

50 USC 2611 - Defense environmental management privatization projects

(a) Authority to enter into contracts 
The Secretary of Energy may, using funds authorized to be appropriated by section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 10585) for a project referred to in that section, enter into a contract that
(1) is awarded on a competitive basis;
(2) requires the contractor to construct or acquire any equipment or facilities required to carry out the contract;
(3) requires the contractor to bear any of the costs of the construction, acquisition, and operation of such equipment or facilities that arise before the commencement of the provision of goods or services under the contract; and
(4) provides for payment to the contractor under the contract only upon the meeting of performance specifications in the contract.
(b) Notice and wait 

(1) The Secretary may not enter into a contract under subsection (a), exercise an authorization to proceed with such a contract or extend any contract period for such a contract by more than one year until 30 days after the date on which the Secretary submits to the congressional defense committees a report with respect to the contract.
(2) Except as provided in paragraph (3), a report under paragraph (1) with respect to a contract shall set forth
(A) the anticipated costs and fees of the Department under the contract, including the anticipated maximum amount of such costs and fees;
(B) any performance specifications in the contract;
(C) the anticipated dates of commencement and completion of the provision of goods or services under the contract;
(D) the allocation between the Department and the contractor of any financial, regulatory, or environmental obligations under the contract;
(E) any activities planned or anticipated to be required with respect to the project after completion of the contract;
(F) the site services or other support to be provided the contractor by the Department under the contract;
(G) the goods or services to be provided by the Department or contractor under the contract, including any additional obligations to be borne by the Department or contractor with respect to such goods or services;
(H) if the contract provides for financing of the project by an entity or entities other than the United States, a detailed comparison of the costs of financing the project through such entity or entities with the costs of financing the project by the United States;
(I) the schedule for the contract;
(J) the costs the Department would otherwise have incurred in obtaining the goods or services covered by the contract if the Department had not proposed to obtain the goods or services under this section;
(K) an estimate and justification of the cost savings, if any, to be realized through the contract, including the assumptions underlying the estimate;
(L) the effect of the contract on any ancillary schedules applicable to the facility concerned, including milestones in site compliance agreements; and
(M) the plans for maintaining financial and programmatic accountability for activities under the contract.
(3) In the case of a contract under subsection (a) at the Hanford Reservation, the report under paragraph (1) shall set forth
(A) the matters specified in paragraph (2); and
(B) if the contract contemplates two pilot vitrification plants
(i) an analysis of the basis for the selection of each of the plants in lieu of a single pilot vitrification plant; and
(ii) a detailed comparison of the costs to the United States of two pilot plants with the costs to the United States of a single pilot plant.
(c) Cost variations 

(1) 
(A) The Secretary may not enter into a contract for a project referred to in subparagraph (B), or obligate funds attributable to the capital portion of the cost of such a contract, whenever the current estimated cost of the project exceeds the amount of the estimated cost of the project as shown in the most recent budget justification data submitted to Congress.
(B) Subparagraph (A) applies to the following:
(i) A project authorized by section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 10585).
(ii) A project authorized by section 3103 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104201; 110 Stat. 2824) for which a contract has not been entered into as of November 18, 1997.
(2) The Secretary may not obligate funds attributable to the capital portion of the cost of a contract entered into before such date for a project authorized by such section 3103 whenever the current estimated cost of the project equals or exceeds 110 percent of the amount of the estimated cost of the project as shown in the most recent budget justification data submitted to Congress.
(d) Use of funds for termination of contract 
Not later than 15 days before the Secretary obligates funds available for a project authorized by section 3102(i) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 10585) to terminate the contract for the project under subsection (a), the Secretary shall notify the congressional defense committees of the Secretarys intent to obligate the funds for that purpose.
(e) Annual report on contracts 

(1) Not later than February 28 of each year, the Secretary shall submit to the congressional defense committees a report on the activities, if any, carried out under each contract referred to in paragraph (2) during the preceding year. The report shall include an update with respect to each such contract of the matters specified under subsection (b)(1) as of the date of the report.
(2) A contract referred to in paragraph (1) is the following:
(A) A contract under subsection (a) for a project referred to in that subsection.
(B) A contract under section 3103 of the National Defense Authorization Act for Fiscal Year 1997.
(f) Assessment of contracting without sufficient appropriations 
Not later than 90 days after November 18, 1997, the Secretary shall submit to the congressional defense committees a report assessing whether, and under what circumstances, the Secretary could enter into contracts for defense environmental management privatization projects in the absence of sufficient appropriations to meet obligations under such contracts without thereby violating the provisions of section 1341 of title 31.

Part D - Hanford Reservation, Washington

50 USC 2621 - Safety measures for waste tanks at Hanford Nuclear Reservation

(a) Identification and monitoring of tanks 
Not later than February 3, 1991, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed.
(b) Action plans 
Not later than March 5, 1991, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a).
(c) Prohibition 
Beginning March 5, 1991, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the tank does not pose a serious potential for release of high-level nuclear waste.
(d) Report 
Not later than May 5, 1991, the Secretary shall submit to Congress a report on actions taken to promote tank safety, including actions taken pursuant to this section, and the Secretarys timetable for resolving outstanding issues on how to handle the waste in such tanks.

50 USC 2622 - Hanford waste tank cleanup program reforms

(a) Establishment of Office of River Protection 
The Secretary of Energy shall establish an office at the Hanford Reservation, Richland, Washington, to be known as the Office of River Protection (in this section referred to as the Office).
(b) Management and responsibilities of Office 

(1) The Office shall be headed by a senior official of the Department of Energy, who shall report to the Assistant Secretary of Energy for Environmental Management.
(2) The head of the Office shall be responsible for managing, consistent with the policy direction established by the Department, all aspects of the River Protection Project, Richland, Washington.
(3) 
(A) The Assistant Secretary of Energy for Environmental Management shall delegate in writing responsibility for the management of the River Protection Project, Richland, Washington, to the head of the Office.
(B) Such delegation shall include, at a minimum, authorities for contracting, financial management, safety, and general program management that are equivalent to the authorities of managers of other operations offices of the Department of Energy.
(C) The head of the Office shall, to the maximum extent possible, coordinate all activities of the Office with the manager of the Richland Operations Office of the Department of Energy.
(c) Department responsibilities 
The Secretary shall provide the head of the Office with the resources and personnel necessary to carry out the responsibilities specified in subsection (b)(2).
(d) Report 
The Assistant Secretary of Energy for Environmental Management shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than November 29, 2000, a copy of the delegation of authority required by subsection (b)(3).
(e) Report 
Not later than 2 years after the commencement of operations of the Office, the Secretary shall submit to the committees referred to in subsection (d) a report describing
(1) any progress in or resulting from the utilization of the Tank Waste Remediation System; and
(2) any improvements in the management structure of the Department at Hanford with respect to the Tank Waste Remediation System as a result of the Office.
(f) Termination 

(1) The Office shall terminate on the later to occur of the following dates:
(A) September 30, 2010.
(B) The date on which the Assistant Secretary of Energy for Environmental Management determines, in consultation with the head of the Office, that continuation of the Office is no longer necessary to carry out the responsibilities of the Department of Energy under the Tri-Party Agreement.
(2) The Assistant Secretary shall notify, in writing, the committees referred to in subsection (d) of a determination under paragraph (1).
(3) In this subsection, the term Tri-Party Agreement means the Hanford Federal Facility Agreement and Consent Order entered into among the Department of Energy, the Environmental Protection Agency, and the State of Washington Department of Ecology.

50 USC 2623 - River Protection Project

The tank waste remediation system environmental project, Richland, Washington, including all programs relating to the retrieval and treatment of tank waste at the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the River Protection Project. Any reference to that project in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the River Protection Project.

50 USC 2624 - Funding for termination costs of River Protection Project, Richland, Washington

The Secretary of Energy may not use appropriated funds to establish a reserve for the payment of any costs of termination of any contract relating to the River Protection Project, Richland, Washington (as designated by section 2623 of this title), that is terminated after October 30, 2000. Such costs may be paid from
(1) appropriations originally available for the performance of the contract concerned;
(2) appropriations currently available for privatization initiatives in carrying out environmental restoration and waste management activities necessary for national security programs, and not otherwise obligated; or
(3) funds appropriated specifically for the payment of such costs.

Part E - Savannah River Site, South Carolina

50 USC 2631 - Accelerated schedule for isolating high-level nuclear waste at the Defense Waste Processing Facility, Savannah River Site

The Secretary of Energy shall accelerate the schedule for the isolation of high-level nuclear waste in glass canisters at the Defense Waste Processing Facility at the Savannah River Site, South Carolina, if the Secretary determines that the acceleration of such schedule
(1) will achieve long-term cost savings to the Federal Government; and
(2) could accelerate the removal and isolation of high-level nuclear waste from long-term storage tanks at the site.

50 USC 2632 - Multi-year plan for clean-up

The Secretary of Energy shall develop and implement a multi-year plan for the clean-up of nuclear waste at the Savannah River Site that results, or has resulted, from the following:
(1) Nuclear weapons activities carried out at the site.
(2) The processing, treating, packaging, and disposal of Department of Energy domestic and foreign spent nuclear fuel rods at the site.

50 USC 2633 - Continuation of processing, treatment, and disposal of legacy nuclear materials

The Secretary of Energy shall continue operations and maintain a high state of readiness at the Hcanyon facility at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facility.

50 USC 2634 - Continuation of processing, treatment, and disposition of legacy nuclear materials

The Secretary of Energy shall continue operations and maintain a high state of readiness at the Fcanyon and Hcanyon facilities at the Savannah River Site, Aiken, South Carolina, and shall provide the technical staff necessary to operate and so maintain such facilities.

50 USC 2635 - Continuation of processing, treatment, and disposition of legacy nuclear materials

The Secretary of Energy shall continue operations and maintain a high state of readiness at the Fcanyon and Hcanyon facilities at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facilities.

50 USC 2636 - Continuation of processing, treatment, and disposal of legacy nuclear materials

The Secretary of Energy shall continue operations and maintain a high state of readiness at the Fcanyon and Hcanyon facilities at the Savannah River Site and shall provide technical staff necessary to operate and maintain such facilities at that state of readiness.

50 USC 2637 - Continuation of processing, treatment, and disposal of legacy nuclear materials

The Secretary of Energy shall continue operations and maintain a high state of readiness at the Hcanyon facility and the Fcanyon facility at the Savannah River Site, and shall provide technical staff necessary to operate and so maintain such facilities, pending the development and implementation of the plan referred to in section 2632 of this title.

50 USC 2638 - Limitation on use of funds for decommissioning Fcanyon facility

No amounts authorized to be appropriated or otherwise made available for the Department of Energy by the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106398) or any other Act may be obligated or expended for purposes of commencing the decommissioning of the Fcanyon facility at the Savannah River Site until the Secretary of Energy submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, and the Defense Nuclear Facilities Safety Board, a report setting forth
(1) an assessment whether or not all materials present in the Fcanyon facility as of the date of the report that required stabilization have been safely stabilized as of that date;
(2) an assessment whether or not the requirements applicable to the Fcanyon facility to meet the future needs of the United States for fissile materials disposition can be met through full use of the Hcanyon facility at the Savannah River Site; and
(3) if it appears that one or more of the requirements described in paragraph (2) cannot be met through full use of the Hcanyon facility
(A) an identification by the Secretary of each such requirement that cannot be met through full use of the Hcanyon facility; and
(B) for each requirement so identified, the reasons why such requirement cannot be met through full use of the Hcanyon facility and a description of the alternative capability for fissile materials disposition that is needed to meet such requirement.