Appendix A.2

1996 BASELINE ENVIRONMENTAL MANAGEMENT REPORT REQUIREMENTS ¹

(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) Annual 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 year after 1995, 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) Annual 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 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 fiscal year 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 year, 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 million, 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 Energy's 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.

1996 BASELINE ENVIRONMENTAL MANAGEMENT REPORT PUBLIC PARTICIPATION IN PLANNING REQUIREMENTS

(e) Public Participation in Planning. - 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.

¹National Defense Authorization Act for Fiscal Year 1994, Section 3153, "Baseline Environmental Management Reports" Public Law 103-160. November 30, 1993; 103d Congress, First Session; amended by National Defense Authorization Act for FY 1995, Sec. 3160. "Elimination of Requirement for Five-Year Plan for Defense Nuclear Facilities" Public Law 103-337, October 5, 1994; 103d Congress, Second Session, codified at 42 U.S. Cose 7274k.

²National Defense Authorization Act for Fiscal Year 1995, Sec. 3160(e) "Elimination of Requirement for Five-Year Plan for Defense Nuclear Facilities" Public Law 103-337. October 5, 1994.

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