---
kind: "section"
citation: "10 U.S.C. § 6173"
title: "10"
title_heading: "Armed Forces"
number: "6173"
heading: "Requirement to develop future use plans for defense environmental cleanup"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/6173"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart B — Atomic Energy Defense"
  - "Chapter 604 — Defense Environmental Cleanup Matters"
  - "Subchapter I — Defense Environmental Cleanup"
---

# §6173. Requirement to develop future use plans for defense environmental cleanup

- (a) **Authority to Develop Future Use Plans.—** The [Secretary](/usc/10/4951.md?p=3) of Energy may develop future use plans for any defense nuclear [facility](/usc/10/2700.md?p=2) at which defense environmental cleanup activities are occurring.
- (b) **Requirement to Develop Future Use Plans.—** The [Secretary](/usc/10/4951.md?p=3) shall develop a future use plan for each of the following defense nuclear [facilities](/usc/10/2700.md?p=2):
  - (1) Hanford Site, Richland, Washington.
  - (2) Savannah River Site, Aiken, South Carolina.
  - (3) Idaho National Engineering Laboratory, Idaho.
- (c) **Citizen Advisory Board.—**
  - (1) At each defense nuclear [facility](/usc/10/2700.md?p=2) for which the [Secretary](/usc/10/4951.md?p=3) of Energy intends or is required to develop a future use plan under this section and for which no citizen advisory board has been established, the [Secretary](/usc/10/4951.md?p=3) shall establish a citizen advisory board.
  - (2) The [Secretary](/usc/10/4951.md?p=3) may authorize the manager of a defense nuclear [facility](/usc/10/2700.md?p=2) for which a future use plan is developed under this section (or, if there is no such manager, an appropriate official of the [Department](/usc/10/101.md?p=a-6) of Energy designated by the [Secretary](/usc/10/4951.md?p=3)) to [pay](/usc/10/101.md?p=a-15) routine administrative expenses of a citizen advisory board established for that [facility](/usc/10/2700.md?p=2). Such payments shall be made from funds available to the [Secretary](/usc/10/4951.md?p=3) for defense environmental cleanup activities necessary for [national security](/usc/10/801.md?p=16) [programs](/usc/10/2101.md?p=1).
- (d) **Requirement to Consult With Citizen Advisory Board.—** In developing a future use plan under this section with respect to a defense nuclear [facility](/usc/10/2700.md?p=2), the [Secretary](/usc/10/4951.md?p=3) of Energy shall consult with a citizen advisory board established pursuant to [subsection (c)](#c) or a similar advisory board already in existence as of September 23, 1996, for such [facility](/usc/10/2700.md?p=2), affected [local governments](/usc/10/4951.md?p=4) (including any local future use redevelopment authorities), and other appropriate [State](/usc/10/4951.md?p=4) [agencies](/usc/10/3451.md?p=3).
- (e) **50-year Planning Period.—** A future use plan developed under this section shall cover a period of at least 50 years.
- (f) **Report.—** Not later than 60 days after completing development of a final plan for a site listed in [subsection (b)](#b), the [Secretary](/usc/10/4951.md?p=3) of Energy shall submit to Congress a report on the plan. The report shall describe the plan and contain such findings and recommendations with respect to the site as the [Secretary](/usc/10/4951.md?p=3) considers appropriate.
- (g) **Savings Provisions.—**
  - (1) Nothing in this section, or in a future use plan developed under this section with respect to a defense nuclear [facility](/usc/10/2700.md?p=2), shall be construed as requiring any modification to a future use plan with respect to a defense nuclear [facility](/usc/10/2700.md?p=2) that was developed before September 23, 1996.
  - (2) Nothing in this section may be construed to affect statutory requirements for a defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive [standards](/usc/10/3011.md?p=3) intended to protect public health and the [environment](/usc/10/2700.md?p=2), nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or [State](/usc/10/4951.md?p=4) authority.

## Source credit

(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1386, 1462.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 2582 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

### Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.