H.R.2110 - Enhanced Environmental Cleanup and Management Demonstration Act of 1995104th Congress (1995-1996)
Summary: H.R.2110 — 104th Congress (1995-1996)
Introduced in House (07/25/1995)
Enhanced Environmental Cleanup and Management Demonstration Act of 1995 - Subjects to this Act: (1) the Hanford Reservation in southeastern Washington; and (2) any Defense Nuclear Facility with an FY 1995 environmental management budget of $500 million or more whose host State Governor so requests (unless the President determines that such application is not in the national interest).
(Sec. 5) Directs the President to appoint a Site Manager for the Hanford Reservation, and for any other Defense Nuclear Facility whose application is approved. Delineates the Site Manager's authority to oversee and direct facility operations, including environmental cleanup and management. Requests the Site Manager to select remedial actions for a Defense Nuclear Facility in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Authorizes the Site Manager to exempt a Defense Nuclear Facility subject to this Act from the requirements of the Metric System Conversion Act of 1975.
(Sec. 6) States that internal orders of the Department of Energy (DOE), with certain exceptions, are not applicable at a Defense Nuclear Facility subject to this Act after the Site Manager confirmation. Permits a Site Manager to adopt a new order only after finding that it is essential to the protection of human health or the environment, or to conduct critical administrative functions, and will not unduly interfere with efforts to bring a Facility into compliance with environmental laws.
(Sec. 7) Prescribes parameters within which a host State may exercise the authorities vested in the Administrator of the Environmental Protection Agency under CERCLA to enforce compliance at any Facility subject to this Act with any requirement of an interagency agreement with DOE. Requires a host State to use monetary penalties or fines collected from the Federal Government for environmental law violations only for projects to protect the environment at or near the facility from threats resulting from the facility or to remedy contamination associated with it.
(Sec. 8) Requires the Site Manager to integrate the requirements of the National Environmental Policy Act with other State and Federal regulatory requirements.
(Sec. 9) Establishes a Land Use Council for each Defense Nuclear Facility for which a Site Manager has been appointed to develop a future land use plan for all lands within the Defense Nuclear Facility boundaries managed under CERCLA, and listed on the National Priorities List. Prescribes plan contents.
(Sec. 10) Directs the Site Manager to: (1) promote demonstration, certification, verification, and implementation of new environmental technologies at the Facilities; and (2) establish a program for testing environmental, waste characterization, and remediation technology at the site. Directs the Secretary to provide regulatory or contractual safe harbors to limit liability of companies using technology approved for use at a Facility for use at other DOE facilities. Sets forth indemnification requirements for agreements with private entities when source, special nuclear, or by-product materials are involved.
(Sec. 11) Prescribes contracting strategies consistent with the Federal Acquisition Regulation and the Federal Acquisition Streamlining Act. Permits multiyear contracting. Requires the Site Manager to obtain the expertise necessary to implement performance oriented incentive based contracting and procurement practices.
(Sec. 13) Requires each Facility Site Manager to report biennially to the Congress.
(Sec. 14) Exempts certain small Federal structures at a Defense Nuclear Facility from the National Historic Preservation Act, unless the Site Manager deems them appropriate for protection under such Act, and that such action will not delay cleanup activities or increase cleanup costs.
(Sec. 15) Requires the DOE Office of Environmental Health and Safety to enforce safety and health activities at Defense Nuclear Facilities.
(Sec. 16) Authorizes the Site Manager to enter into contracts with private entities to service environmental management at a Facility, including design, construction and operation of treatment, storage, and disposal facilities. Prescribes local community and resident preference and economic diversification requirements for such contracts.
(Sec. 19) Expresses the sense of the Congress that: (1) stable funding levels are essential to implement this Act; and (2) the Site Manager and the President are encouraged to seek funding levels not lower than those allocated during FY 1996.