FY2000, verbatim excerpt from House Report No. 106-253


Appropriation, 1999     $140,000,000 
Budget Estimate, 2000    150,000,000 
Recommended, 2000        150,000,000 
  Appropriation, 1999     10,000,000 
  Budget Estimate, 2000              

The Committee recommendation for the Formerly Utilized Sites Remedial Action Program (FUSRAP) is $150,000,000, the same as the budget request. In fiscal year 1998, Congress transferred responsibility for cleanup of contaminated sites under FUSRAP to the U.S. Army Corps of Engineers. In appropriating FUSRAP funds to the Corps of Engineers, the Committee intended to transfer only the responsibility for administration and execution of cleanup activities at eligible sites where remediation had not been completed. It did not intend to transfer ownership of and accountability for real property interests that remain with the Department of Energy. The Committee expects the Department to continue to provide the institutional knowledge and expertise needed to best serve the nation and the affected communities in executing this program.

The Corps of Engineers has extensive experience in the cleanup of hazardous, toxic, and radioactive wastes through its work for the Department of Defense and other Federal agencies. The Committee intends for the Corps expertise be used in the same manner for the cleanup of contaminated sites under FUSRAP, and expects the Corps to continue programming and budgeting for FUSRAP as part of the civil works program.

In the Energy and Water Development Appropriations Act for FY 1999, Public Law 105-245, Congress directed that the response actions by the Corps of Engineers under FUSRAP shall be subject to the administrative, procedural, and regulatory provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan. In appropriating funds to the Corps of Engineers for the cleanup of contaminated sites under FUSRAP, the Committee does not intend that licensing of the Corps by the U.S. Nuclear Regulatory Commission shall be required for the implementation by the Corps of the responsibility for cleanup of contaminated sites under FUSRAP."

[Note: emphasis added]

Congress' directive in its October 1998 (FY 1999) appropriation that Army Corps conduct its FUSRAP activities under CERCLA effectively neutralized the F.A.C.T.S. lawsuit filed earlier that year seeking Army Corps adherence to the pertinent cleanup regulations of the AEA regulatory framework applicable to DOE.