1. NGA Federal Facilities Task Force Brief Update & Key Topics for Meeting May 16, 2002 Washington DC Jerry Boese Ross & Associates Environmental Consulting, Ltd. Prepared for submission under Contract with the National Governors’ Association Center for Best Practices. Preparation of this document was financed in part by funds provided by the U.S. Department of Energy, NGA project 110-500-5144; USDOE instrument number DE-FG26-97FT34337

2. 2 Key Topics for this Meeting Top-to-bottom review DOE-EM budget Complex-wide integration Long-term Stewardship Transparency and collaboration *State message to Jessie Roberson/DOE *

3. 3 Top-to-Bottom Review Initiated by Sec. Abraham shortly after taking office Review team formed August 2001 Report issued 2/4/02 DOE briefing later today from Paul Golan, EM Chief Operating Officer

4. 4 TTBR, continued Recommendations include: –“DOE should commence discussions with states and other regulators with a view to achieving regulatory agreements that accelerate risk reduction.” –“The Assistant Secretary for Environmental Management should have authority to allocate funds to high-priority projects offering significant risk reduction.”

5. 5 State message to DOE History Previous messages to DOE—narrative: comments and concerns. For this meeting Considered “report card” format Considered “desired outcome” format New narrative format: States’ “expectations”

6. 6 State message to DOE Draft message: I. Budget II. Complex-wide integration III. Long-term stewardship IV. Transparency and collaboration

7. 7 I. DOE-EM Budget DOE briefing later today “Cleanup Reform Account” proposal announced, consistent with TTBR recommendations –$800 Million, with potential for more –FY’03 proposed base budget approx. $800 M less than appropriated budget for FY’02. –Initial strong opposition from Congress

8. 8 Budget (continued) DOE and States negotiate individually: letters of intent. –First letter of intent signed between WA and DOE for Hanford site: $433 M “allocated” to Hanford –Other letters of intent in the pipeline (discuss today) DOE then develops “Performance Management Plans” with greater detail.

9. 9 II. Complex-wide integration Premise: Actions at any given DOE site frequently affect and/or depend on other sites –States desire to see the big picture and assess equity. Previous DOE program for EM integration de- funded in FY’02. Additional cuts proposed to “integration/disposition support” for FY’03. DOE’s current focus is on individual site agreements (letters of intent)

10. 10 III. Long-term stewardship Ethan Brown will provide an update Luncheon speaker: Tom Leschine, former chair of National Academy of Sciences panel –Report: Long-Term Institutional Management of U.S. Department of Energy Legacy Waste Sites, 2000. LTS—on tomorrow’s agenda for discussion with DOE

11. 11 Long term Stewardship Initiatives: Draft LTS site acceptance criteria –State comments requested by 5/17/02 –Comments received from CO, TN, WA DOE strategic plan for LTS—status? DOE LTS planning guidance—status? DOE LTS cost estimating guidance— status?

12. 12 Long term Stewardship Issues: Securing full engagement from DOE and other federal agencies –DOE’s LTS budget cut for FY’03 Assured funding –See NGA’s paper on trust funds (based on Tennessee’s approach) Enforceable institutional controls Factoring LTS into current cleanup decisions

13. 13

14. 14 IV. Transparency and collaboration Transparency and collaboration between DOE and NGA/state task force was highly successful in implementing the Federal Facilities Compliance Act. Fundamental request to DOE from states: Consult us ahead of time, keep us informed, work with us. –Resolve issues before they needlessly escalate

15. 15 Key Topics for this Meeting Top-to-bottom review DOE-EM budget Complex-wide integration Long-term Stewardship Transparency and collaboration *State message to Jessie Roberson/DOE