H. R. 3230—414
Department of Energy aluminum clad spent fuel rods, foreign
spent fuel rods, and other nuclear materials.
(B) Not more than $15,000,000 for the development and
implementation of a program for the receipt, treatment,
preparation, conditioning, interim storage, and final disposition
of high-level nuclear waste and spent nuclear fuel (including
naval spent nuclear fuel), non-aluminum clad fuel rods, and
foreign fuel rods.
(2) The spent nuclear fuel referred to in paragraph (1) is the
following:
(A) Spent nuclear fuel that is sent to Department of Energy
consolidation sites pursuant to the Department of Energy Pro-
grammatic Spent Nuclear Fuel Management and Idaho
National Engineering Laboratory Environmental Restoration
and Waste Management Programs Final Environmental Impact
Statement, dated April 1995.
(B) Spent nuclear fuel described in the Interim Manage-
ment of Nuclear Materials Environmental Impact Statement,
dated October 1995.
(C) Other spent nuclear fuel located at the Savannah River
Site as of the date of the enactment of this Act.
(3) The amounts made available under paragraph (1) are in
addition to other amounts authorized to be appropriated by section
3102(c) for the purposes stated in subparagraphs (A) and (B) of
that paragraph.
(b) USE OF FUNDS FOR SETTLEMENT AGREEMENT.—Funds made
available pursuant to subsection (a)(1)(B) for the Idaho National
Engineering Laboratory shall be considered to be funds made avail-
able in partial fulfillment of the terms and obligations set forth
in the settlement agreement entered into by the United States
with the State of Idaho in the actions captioned Public Service
Co. of Colorado v. Batt, Civil No. 91–0035–S–EJL, and United
States v. Batt, Civil No. 91–0054–S–EJL, in the United States
District Court for the District of Idaho and the consent order
of the United States District Court for the District of Idaho, dated
October 17, 1995, that effectuates the settlement agreement.
(c) AMENDMENTS
TO IMPLEMENTATION PLAN
FOR MANAGING
SPENT NUCLEAR FUEL AT CERTAIN SITES.—Section 3142(b) of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 622) is amended—
(1) by striking out ‘‘April 30, 1996’’ and inserting in lieu
thereof ‘‘September 30, 1996’’;
(2) by striking out ‘‘and’’ at the end of paragraph (3);
(3) by striking out the period at the end of paragraph
(4) and inserting in lieu thereof ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(5) an assessment of the progress made in implementing
the programs.’’.
(d) NEAR-TERM PLAN FOR PROCESSING SPENT FUEL RODS AT
SAVANNAH RIVER SITE.—(1) Not later than March 15, 1997, the
Secretary of Energy shall submit to Congress a plan for a near-
term program to process, treat, package, and dispose of spent
nuclear fuel rods described in paragraph (2) at the Savannah River
Site. The plan shall include cost projections and resource require-
ments for the program and identify program milestones for the
program.
H. R. 3230—415
(2) The spent nuclear fuel rods to be included in the program
referred to in paragraph (1) are the following:
(A) Spent nuclear fuel rods produced at the Savannah
River Site.
(B) Spent nuclear fuel rods being sent to the site from
other Department of Energy facilities for processing, interim
storage, and other treatment.
(C) Foreign spent nuclear fuel rods being sent to the site
for processing, interim storage, and other treatment.
(e) MULTI-YEAR PLAN
FOR CLEAN-UP
AT SAVANNAH RIVER
SITE.—The Secretary 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.
(f) REQUIREMENT FOR CONTINUING OPERATIONS AT SAVANNAH
RIVER SITE.—The Secretary shall continue operations and maintain
a high state of readiness at the H-canyon facility and the F-canyon
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
subsection (e).
SEC. 3143. 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 estab-
lish 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 pro-
posed 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 sup-
port of State and local elected officials and the public for the
project;
H. R. 3230—416
(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 con-
tractor to seek and engage subcontractors who may more
effectively and efficiently perform either unique and techno-
logically 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 innova-
tive 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, act-
ing through the Assistant Secretary for Environmental Manage-
ment, 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 304B(d)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 254c(d)), the Secretary of Energy may enter into multi-
year 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, United States Code, 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 allo-
cated 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
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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, decommis-
sioning, 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 the expiration
of the 15-year period beginning on the date of the enactment of
this Act.
(j) SAVINGS PROVISION.—Nothing in this section may be con-
strued to affect statutory requirements for an environmental res-
toration or waste management activity or project or to modify
or otherwise affect applicable statutory or regulatory environmental
restoration and waste management requirements, including sub-
stantive 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.
SEC. 3144. PAYMENT OF COSTS OF OPERATION AND MAINTENANCE
OF INFRASTRUCTURE AT NEVADA TEST SITE.
Notwithstanding any other provision of law and effective as
of September 30, 1996, the costs associated with operating and
maintaining the infrastructure at the Nevada Test Site, Nevada,
with respect to any activities initiated at the site after that date
by the Department of Defense pursuant to a work-for-others agree-
ment may be paid for from funds authorized to be appropriated
to the Department of Energy for activities at the Nevada Test
Site.
Subtitle D—Other Matters
SEC. 3151. REPORT ON PLUTONIUM PIT PRODUCTION AND RE-
MANUFACTURING PLANS.
(a) REPORT REQUIREMENT.—The Secretary of Energy shall sub-
mit to the congressional defense committees a report on plans
for achieving the capability to produce and remanufacture pluto-
nium pits. The report shall include a description of the baseline
plan of the Department of Energy for achieving such capability,
including the following:
(1) The funding necessary, by fiscal year, to achieve the
capability.
(2) The schedule necessary to achieve the capability, includ-
ing important technical and programmatic milestones.