Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2004

Publication Date: January 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

Type:

Abstract:

The Department of Defense (DOD) administers five environmental programs in response to various requirements under federal environmental laws. These programs include environmental cleanup, environmental compliance, pollution prevention, environmental technology, and conservation. In addition, the Department of Energy (DOE) is responsible formanaging defense nuclear waste and cleaning up contaminated nuclear weapons sites. Some of the ongoing issues associated with these programs are the adequacy, cost, and pace of cleanup, whether DOD and DOE adequately comply with environmental laws and regulations, and the extent towhich environmental requirements encroach upon military readiness.

The National Defense Authorization Act for FY2004 (P.L. 108-136, H.R. 1588) authorized $1.31 billion for cleanup at active military installations and Formerly Used Defense Sites (FUDS), about $40 million more than requested. FUDS are former military facilities that were decommissioned prior to the rounds of base closings that began in 1988. An increase was authorized for speeding up the pace of cleanup at these sites. The law also authorized $370 million for cleanup and other activities at base closure sites, the same as requested. As in past years, the law includes line-items for a few other environmental activities, but does not specify the authorization for all of DOD's other environmental programs. Rather, their funding is authorized as part of several larger accounts. For DOE's cleanup of defense nuclear waste sites, the law authorized $6.81 billion, the same as requested. It also includes numerous environmental provisions that affect military activities. Among the most controversial are those that grant exemptions from certain requirements under the Endangered Species Act and the Marine Mammal Protection Act, which DOD requested under its Readiness and Range Preservation Initiative (RRPI).

In addition to the above authorization legislation, Congress has completed the three appropriations bills that fund these activities in FY2004. The Department of Defense Appropriations Act for FY2004 (P.L. 108-87, H.R. 2658) provided nearly $1.35 billion for cleanup at active military installations and FUDS sites, $72 million more than requested, and $32 million more than authorized, with the increase going to FUDSsites. The Military Construction Appropriations Act for FY2004 (P.L. 108- 132, H.R. 2559) provided $370 million for cleanup and other activities at base closure sites, the same as requested and authorized. The Energy and Water Development Appropriations Act for FY2004 (P.L. 108-137, H.R. 2754) provided $6.64 billion for DOE's cleanup of defense nuclear waste sites, nearly $168 million less than requested and authorized. The conferees indicated that funding was decreased due to concern about DOE's progress in working with EPA and the states to implement its reform initiative to increase the pace of cleanup and lower costs.

This report provides background information on defense-related environmental programs, analyzes key implementation issues, and examines final versions of legislation to authorize and appropriate funding for these activities for FY2004. It will be updated when DOD announces the funding allocations for all of its environmental activities that did not receive a specific line-item appropriation.