STGWG - The State and Tribal Government Working Group

 

The State and Tribal Government Working Group (STGWG) helps ensure that the Department of Energy  http://www.energy.gov (DOE) facilities and sites are operated and cleaned up in compliance with all applicable federal and state laws and regulations, and Tribal rights including those retained by treaty, and conferred by statute and the trust responsibility; as well as in a manner that protects human health, safety and the environment http://tis-nt.eh.doe.gov/whs/. The STGWG home page is intended to help publicize the group's activities for the benefit of its members. If you have comments or suggestions concerning the STGWG home page, please contact Brandt A. Petrasek at albert.petrasek@em.doe.gov or 202-586-4818.

http://web.em.doe.gov/stgwg/

Related Documents [Very Important]

http://web.em.doe.gov/stgwg/docs.html

The State and Tribal Government Working Group meets twice yearly. The next meeting will be held in November 2004 in Washington, D.C.

http://web.em.doe.gov/stgwg/meetings.html

STGWG History:

In April 1989, ten governors wrote a letter to then-Secretary of Energy Watkins, to express their concerns regarding the management, cleanup, and disposal of radioactive and hazardous chemical wastes at Department of Energy (DOE) facilities within or adjacent to their states boundaries.

The governors called for "decisive federal action to establish a comprehensive national program for the cleanup of all DOE defense and research facilities...and for the stable long-term funding required to support such a program." Moreover, they committed themselves to work constructively with DOE to meet these goals.

In May 1989, then-Secretary of Energy Watkins, invited each governor to appoint a representative to participate in the planning process for the Department's Five-Year Plan through membership in a State and Tribal Government Working Group (STGWG). The Secretary also invited representatives from the Yakama Indian Nation, the Shoshone-Bannock Tribes, the National Governors' Association, the National Conference of State Legislatures, and the National Association of Attorneys General to participate. STGWG first met in June 1989.

STGWG includes representatives of the following States, Tribes, and associations:

    California
    Colorado
    Confederated Tribes of the Umatilla Indian Reservation (CTUIR)
    Florida *
    Georgia
    Idaho
    Illinois
    Isleta Pueblo
    Jemez Pueblo
    Kentucky
    Missouri
    National Association of Attorneys General
    National Conference of State Legislatures
    National Governors' Association
    Navajo Nation
    Nevada
    New Mexico
    New York
    Nez Perce Tribe
    Ohio
    Oregon
    Pueblo de San Ildefonso
    Santa Clara Pueblo
    Seneca Nation of Indians
    Shoshone-Bannock Tribes
    South Carolina
    Tennessee
    Texas
    Washington
    Yakama Nation

     
    * Florida no longer participates in STGWG. The Pinellas facility, in Pinellas County, completed clean-up and closed in December 1997.

The Department of Energy provides funding for a single representative from each affected State and Tribe to participate in the meetings of the STGWG. In addition, DOE funds technical, administrative, and facilitation support to this body. The Department is funding STGWG support and participation through a cooperative agreement with the National Conference of State Legislatures (NCSL).

When a new state, Tribe or association wishes to join STGWG, they contact DOE with a statement of interest and how they are affected by a DOE facility. In some cases, DOE may invite an entity to appoint a representative to be a STGWG member.

http://web.em.doe.gov/stgwg/history.html

Participating States:

California

Colorado http://www.cdphe.state.co.us/hm/rf/rfhom.asp

Georgia

Idaho http://www2.state.id.us/deqinel/main_op.htm

Illinois

Kentucky

Missouri

Nevada http://ndep.state.nv.us/boff/bff01.htm

New Mexico

New York

Ohio http://offo2.epa.state.oh.us/

Oregon http://www.energy.state.or.us/nucsafe/nucsafe.htm

South Carolina

Tennessee http://www.state.tn.us/environment/

Texas

Washington

http://web.em.doe.gov/stgwg/statpart.html

Participating Tribes:

Confederated Tribes of the Umatilla Indian Reservation (CTUIR) http://www.umatilla.nsn.us/

Isleta Pueblo

Jemez Pueblo

Navajo Nation

Nez Perce Tribe

Pueblo de San Ildefonso

Santa Clara Pueblo

Senaca Nation of Indians http://www.sni.org/

Shoshone-Bannock Tribes

Yakama Nation

http://web.em.doe.gov/stgwg/tribpart.html

Participating Organizations:

National Association of Attoneys General (NAAG)

National Governors Association (NGA)

National Conference of State Legislatures (NCSL)

http://web.em.doe.gov/stgwg/orgs.html

Committees:

2004 STGWG Committees & DOE POCs (February update)

STGWG EXECUTIVE COMMITTEE Peter Chestnut -- Tribal Issues Co-Chair Armand Minthorn -- Co-Convenor Ken Niles – Transportation Co-Chair John Owsley -- State At-Large Member Willie Preacher -- Tribal At-Large Member Neil Weber -- Stewardship Co-Chair Mike Wilson – I & D Co-Chair Tom Winston -- Co-Convenor DOE Point of Contact: Brandt Petrasek

TRIBAL ISSUES Peter Chestnut (San Ildefonso) - Co-Chair Willie Preacher (Shoshone-Bannock) - Co-Chair Joseph Chavarria (Santa Clara) Michael Chavarria (Santa Clara) Linda Sikkema (NCSL) Patrick Sobotta (Nez Perce) Neil Weber (San Ildefonso) Mike Wilson (Wash.) DOE Point of Contact: Brandt Petrasek

TRANSPORTATION Ken Niles (Ore.) – Co-Chair (Vacancy: Tibal Co-Chair) Rich Allen (Ill.) Michael Chavarria (Santa Clara) Peter Chestnut (San Ildefonso) Robert Geller (Mo.) Aaron Miles Sr. (Nez Perce) Roger Mulder (Tx.) Max Power (Wash.) DOE Point of Contact: tbc

LONG-TERM STEWARDSHIP Neil Weber (San Ildefonso) – Co-Chair John Owsley (Tenn.) - Co-Chair Joseph Chavarria (Santa Clara) Peter Chestnut (San Ildefonso) Robert Geller (Mo.) Brian Hembacher (NAAG) Russell Jim (Yakama Nation) Aaron Miles Sr. (Nez Perce) Armand Minthorn (CTUIR) Max Power (Wash.) Tuss Taylor (Ky.) Tom Winston (Ohio) DOE Point of Contact: tbc

INTEGRATION AND DISPOSITION Mike Wilson (Wash.) - Co- Chair (Vacancy: Tibal Co-Chair) Peter Chestnut (San Ildefonso) Keith Collinsworth (SC) Roger Mulder (Tex.) John Owsley (Tenn.) Tuss Taylor (Ky.) Kathleen Trever (Id.) DOE Point of Contact: tbc

http://web.em.doe.gov/stgwg/2004_STGWG_Committees_Feb_update.pdf

2004 Member List:

April 2004 

stgwg: STATE AND TRIBAL GOVERNMENT WORKING GROUP 

Rich Allen--Illinois

Bureau Chief of Env. Safety

Division of Nuclear Safety

Illinois Emergency Mgt. Agency

1035 Outer Park Drive

Springfield, IL 62704

217-782-1322

Fax: 217-524-6417

r_allen@iema.state.il.us  

Lezlie Aller--Idaho Alternate

Manager

INEEL Oversight Program

900 N. Skyline, Suite C

Idaho Falls, ID 83402

208-528-2600

Fax: 208-538-2605

Anthony Armijo--Jemez Alternate

Interim Director, Department of

Resource Protection

Pueblo of Jemez

P.O. Box 100

Jemez Pueblo, NM 87024

505-834-7696

Fax: 505-834-7697

aarmijo@jemezpueblo-drp.org  

James Bearzi--New Mexico Alternate

Chief, Hazardous and Radioactive Materials Bureau

New Mexico Environment Dept.

P.O. Box 26110

Santa Fe, NM 87502

505-827-1567

Fax: 505-827-1544

james_bearzi@nmenv.state.nm.us  

Joseph Mark Chavarria--Santa Clara Pueblo

Office of Environmental Affairs

Santa Clara Pueblo

P.O. Box 580, 1 Kee Street

Espanola, NM 87532

505-753-7326

Fax: 505-753-8988

depo@la-tierra.com  

J. Michael Chavarria--Santa Clara Alternate

Office of Environmental Affairs

Santa Clara Pueblo

P.O. Box 580, 1 Kee Street

Espanola, NM 87532

505-753-7326 or 505-747-1819

Fax: 505-753-8988

mchavarria@santaclarapueblo.org  

Peter Chestnut--San Ildefonso Alternate

Tribal Attorney

Pueblo de San Ildefonso

121 Tijeras, N.W., Suite 2001

P.O. Box 27190

Albuquerque, NM 87125

505-842-5864

Fax: 505-843-9249

pcc@chestnutlaw.com  

Betsy L. Child--Tennessee

Commissioner, Tenn. Dept. of Environment and Conservation (TDEC)

21st Floor, L&C Tower

401 Church St.

Nashville, TN 37243-0435

615-532-0104

Fax: 615-532-0120

Keith A. Collinsworth-So. Carolina Alternate

Federal Facilities Liaison, SC Dept. of Health & Env. Control, EQC

2600 Bull Street

Columbia, SC 29201

803-896-8955

Fax: 803-896-8999

collinka@dhec.sc.gov  

Kara Colton--National Governors Assn.

Senior Policy Analyst

Natural Resources Policy Studies

National Governors Association

444 N. Capitol Street

Washington, DC 20001-1512

202-624-7878

kcolton@nga.org  

Robert Geller--Missouri Alternate

Chief, Federal Facilities Section

Hazardous Waste Program

Missouri Dept. of Natural Resources

P.O. Box 176

Jefferson City, MO 65102

573-751-3907

Fax: 573-526-5268

bob.geller@dnr.mo.gov  

Michael Grainey --Oregon First Alternate

Deputy Director

Oregon Department of Energy

625 Marion Street, NE

Salem, OR 97310

503-378-5489

Fax: 503-373-7806

michael.w.grainey@state.or.us  

Steve Gunderson—Colorado Alternate

Rocky Flats Project Coordinator

Colo. Dept. of Public Health & Env.

Haz. Materials & Waste Mgt. Div.

4300 Cherry Creek Drive South

Denver, CO 80246-1530

303-692-3367

Fax: 303-759-5355

sgunderson@smtpgate.dphe.state.co.us  

Brian Hembacher--National Association of Attorneys General (NAAG)

Deputy Attorney General

California Attorney General’s Office

300 S. Spring St.

Los Angeles, CA 90013

213-897-2638

Fax: 213-897-2802

brian.hembacher@doj.ca.gov  

John Howard--Texas

Director, Environmental Policy

Governor’s Policy Office

P.O. Box 12428

Austin, TX 78711

512-463-2198

Fax: 512-463-1975

jhoward@governor.state.tx.us  

Susan Hughs—Oregon Second Alternate

Natural Resource Trustee Representative

Ore. Dept. of Energy, Nuclear Safety Div.

625 Marion St., NE

Salem, OR 97301-3737

503-373-7429

susan.c.hughs@state.or.us  

Russell Jim--Yakama Nation

Program Manager, Environmental

Restoration/Waste Management

Yakama Nation

P.O. Box 151, Fort Road

Toppenish, WA 98948

509-452-2502

Fax: 509-452-2503

Russell@Yakama.com  

Michael John—Seneca Nation of Indians

Tribal Council Member

Seneca Nation of Indians

P.O. Box 231

Salamanca, NY 14779

716-945-1790 (ask for Planning Dept.)

Fax: 716-945-0206

mjohn@sni.com  

David A. Kelm--Illinois Alternate

Director of Governmental Affairs

Illinois Dept. of Nuclear Safety

1035 Outer Park Dr.

Springfield, IL 62704

217-785-0229

Fax: 217-524-4724

kelm@idns.state.il.us  

Robert W. King Jr.--South Carolina

Assistant Deputy Commissioner

Env. Quality Control, So. Carolina

Dept. of Health and Env. Control

Sims Building, 2600 Bull Street

Columbia, SC 29201

803-898-3900

Fax: 803-898-3931

kingrw@columb30.dhec.state.sc.us  

Bert Langley--Georgia Alternate

Environmental Protection Division

Georgia Dept. of Natural Resources

2 Martin Luther King Dr., Room 1452

Atlanta, GA 30334

404-656-3301

Fax: 404-657-7893

bert_langley@mail.dnr.state.ga.us  

Alvino Lucero--Isleta Pueblo

Governor

Isleta Pueblo

P.O. Box 1270

Isleta, NM 87022

505-869-3111

Fax: 505-869-4236  

Charles Lundstrom—New Mexico

Director, Water & Waste Mgt. Division

New Mexico Environment Dept.

1190 St. Francis Dr.

P.O. Box 26110

Santa Fe, NM 87502

505-827-1758

Fax: 505-827-2836

charles_lundstrom@nmenv.state.nm.us  

Stephen Mahfood--Missouri

Director, Missouri Dept. of Natural Resources

P.O. Box 176

Jefferson City, MO 65102

573-751-4732

Fax: 573-751-7627

nrmahfs@mail.dnr.state.mo.us  

Aaron Miles Sr.--Nez Perce Tribe

Natural Resource Manager

Dept. of Natural Resources

Nez Perce Tribe

P.O. Box 365

Main Street and Beaver Grade

Lapwai, ID 83540

208-843-7400

Fax: 208-843-7419

2moon@nezperce.org  

Armand Minthorn--Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

CTUIR Board of Trustees

P.O. Box 638, 73239 Confederated Way  

Pendleton, OR 97801

541-276-3165

Fax: 541-276-3095

ArmandMinthorn@ctuir.com  

Graham Mitchell--Ohio Alternate

Chief, Office of Federal Facilities Oversight

Ohio Environmental Protection Agency

401 East 5th Street

Dayton, OH 45402-2911

937-285-6018

Fax: 937-285-6249

graham.mitchell@epa.state.ohio.us  

Roger Mulder--Texas Alternate

Director, Pantex Program

State Energy Conservation Office

P.O. Box 13047, 200 E. 10th St.

Austin, Texas 78711

512-463-1866

Fax: 512-463-6178

roger.mulder@cpa.state.tx.us  

Ken Niles--Oregon

Administrator, Nuclear Safety Division

Oregon Office of Energy

625 Marion St. NE, Suite #1

Salem, OR 97301-3742

503-378-4906

Fax: 503-378-6457

ken.niles@state.or.us  

John Owsley--Tennessee Alternate

Director, Tennessee Dept. of Environment and Conservation, DOE Oversight Division

761 Emory Valley Road

Oak Ridge, TN 37830-7072

865-481-0995

Fax: 865-482-1835

john.owsley@state.tn.us  

Max Power--Washington Alternate

Nuclear Waste Program Specialist

Washington Dept. of Ecology

P.O. Box 47600

Olympia, WA 98504-7600

360-407-7118

Fax: 360-407-7151

mpow461@ecy.wa.gov  

Willie Preacher--Shoshone-Bannock Tribes

Tribal/DOE Director

Shoshone-Bannock Tribes

P.O. Box 306, Pima Drive

Fort Hall, ID 83203

208-478-3706

Fax: 208-237-0797

wpreacher@shoshonebannocktribes.com  

Timothy B. Rice – New York

Div. of Solid & Hazardous Materials

NYS Dept. of Env. Conservation

625 Broadway, 8th Floor

Albany, NY 12233-7255

518-402-8579

Fax: 518-402-8646

tbrice@gw.dec.state.ny.us  

Linda Sikkema--NCSL Alternate

Program Director

Nat'l Conf. of State Legislatures

7700 E. First Place

Denver, CO 80230

303-364-7700

Fax: 303-364-7800

linda.sikkema@ncsl.org   

Patrick Sobotta--Nez Perce Alternate Director, ERWM

Nez Perce Tribe

P.O. Box 365, Main Street & Beaver Grade

Lapwai, ID 83540

208-843-7376

Fax: 208-843-7378

pats@nezperce.org  

Tuss Taylor--Kentucky

Program Manager, DOE Oversight

Div. of Waste Mgt., Kentucky Dept. for Environmental Protection

14 Reilly Road

Frankfort, KY 40601

502-564-6716

Fax: 502-564-2705

tuss.taylor@mail.state.ky.us  

Kathleen Trever--Idaho

Coordinator for INEEL Oversight

1410 N. Hilton

Boise, ID 83706

208-373-0498

Fax: 208-373-0429

ktrever@deq.state.id.us  

Neil Weber--San Ildefonso Alternate

Director, Dept. of Environment

Pueblo de San Ildefonso

Route 5, Box 315A

Santa Fe., NM 87506

505-455-4119,x322

Fax: 505-455-1120

nweber@sanipueblo.org  

Mike Wilson--Washington State

Program Manager, Nuclear Waste Program

Department of Ecology

P.O. Box 47600

Olympia, WA 98504-7600

360-407-7150

Fax: 360-407-7152

miwi461@ecy.wa.gov  

Tom Winston--Ohio

Chief, Southwest District Office

Ohio Environmental Protection Agency

401 East 5th Street

Dayton, OH 45402-2911

937-285-6016

Fax: 937-285-6249

tom.winston@epa.state.oh.us  

CURRENT VACANCY: NEVADA, NAVAJO NATION

DOE-EM Point of Contact

Brandt Petrasek, Tribal Programs

Office of Environmental Mgt., EM-11

U.S. Dept. of Energy

1000 Independence Ave. SW

Washington, DC 20585

202-586-4818

Fax: 202-586-0293

albert.petrasek@em.doe.gov  

National Conf. of State Legislatures Staff

Denise Griffin -- STGWG Coordinator

Alise Garcia -- Admin. Assistant

Linda Tassin – Admin. Assistant

National Conference of State Legislatures

7700 E. First Place

Denver, CO 80230

303-364-7700

Fax: 303-364-7800

denise.griffin@ncsl.org  

alise.garcia@ncsl.org  

linda.tassin@ncsl.org 

http://web.em.doe.gov/stgwg/2004_STGWG_MEMBER_LIST.pdf

STGWG Meeting Summary

March 26-27, 2003

EM: U.S. Department of Energy Office Of Environmental Management

EM Home http://www.em.doe.gov/

Interested Audiences http://www.em.doe.gov/audience.html

Stakeholders http://www.em.doe.gov/stakeholders.html

STGWG Page http://www.em.doe.gov/stgwg

Meetings http://www.em.doe.gov/meetings.html

National Conference of State Legislatures

STGWG (State and Tribal Government Working Group)

March 26-27, 2003

Denver, Colorado

MEETING SUMMARY & ACTION ITEMS

(Action Item chart on last page)

Wednesday, March 26, 2003

Executive Session

Personnel changes at DOE:

  • Sandra Waisley is new Acting Director for Intergovernmental and Public Accountability, Office of Environmental Management (EM), replacing Martha Crosland who is now in DOE Office of General Counsel.
  • Roger Butler is Deputy Assistant Secretary for Policy, Planning and Budget, EM.
  • Brandt Petrasek, EM Tribal Programs, is the new point of contact for STGWG, replacing Catherine Volk who now works full time on EM Agreements in Principal.

Report out from Tribal Executive Session on March 25

Neil Weber, Pueblo of San Ildefonso

  • Departure of Diana Yupe left Tribal Issues (TI) Committee with co-chair vacancy: Willie Preacher, Shoshone-Bannock Tribes, volunteered to co-chair with Peter Chestnut.
  • DOE funding issues and commitment to Tribes:
    • Timing sometimes prevents adequate budgeting.
    • Change in fiscal year to calendar year has not made a difference.
  • Implementation Plan for American Indian Policy:
    • Implementation Plan should be broader than EM programs.
    • American Indian Policy needs to be implemented by entire DOE.
    • Need more attention by DOE to implement American Indian Policy.
    • Need to inform EM about concerns with American Indian Policy.
    • A number of meetings have occurred without feedback from EM.
    • Still waiting for Tribal Summit (3 years).
  • How to ‘push’ the issue?
    • Express concern at full STGWG meeting.
    • Need to make feelings known at the highest levels.
    • Action Item: STGWG letter to Secretary Abraham; Tribal Issues Committee will draft.
    • Suggestion: Letters to congressional delegations.
  • Council of Energy Resource Tribes (CERT) request to join STGWG:
    • TI Committee had reservations about request.
    • CERT mission different from current members; could dilute STGWG focus.
    • Overlap of tribal membership in CERT and STGWG.
    • Tribes felt CERT mission was broader than STGWG.
    • TI Committee recommends against membership at this time.
    • Option: Invite CERT to meetings as observers, without offering membership.
  • STGWG recommendation to DOE will be that membership in STGWG not be offered to CERT at this time.

Intergovernmental Groups & DOE/Streamlining: Discussion

  • DOE looking for efficiencies; how best to improve coordination among groups.
  • DOE looking for groups to continue.
  • Recommendations:
    • NGA website - ‘one-stop shop’ for member organizations.
    • Identify group by interest - NGA to organize.
    • High-level joint meeting in D.C. - to attract senior DOE leadership.
  • Benefits to combining groups/efforts:
    • Travel efficiencies
    • Communication among state members
  • Issues/Concerns:
    • How will DOE handle logistics of combined effort?
    • How will DOE handle different agendas of different groups and resolutions of key issues?
    • How to retain individual group dynamics and focus.
  • Comments:
    • Logistical issues have not yet been addressed by the streamlining working group.
    • Tribal Summit with DOE Secretary could precede or follow intergovernmental meeting.
    • Need commitment of attendance by senior DOE staff.
    • Combined agendas should not preclude interactive discussions with DOE and members; STGWG issues still need to be heard.
  • Combined meetings: Could be focused around single issues, e.g., Legacy Management
  • Focus on decision-making rather than interests.
  • Need working meeting versus ‘presentation’ meeting.
    • DOE needs to bring decision-makers to the meetings.
    • Staff other than EM need to attend (NNSA, Science, NE, OLM).
  • Would size of meeting participation affect dialogue/decision-making with DOE?
    • Estimate: of approx. 50-60 people, plus DOE staff and miscellaneous attendees.
  • Feedback received from other involved groups?
    • Yes, they have similar concerns; similar thoughts regarding benefits.
  • STGWG has had difficulty engaging other offices within DOE.
  • Willie Preacher and Tom Winston will represent STGWG in discussions with DOE on streamlining DOE interaction with intergovernmental groups and the joint Fall meeting.
  • ECA interest in participation?
    • Officer level.
  • Key issue: Office of Legacy Management (OLM) role, expectations.
  • STGWG supports notion of joint meeting, provided agendas and logistics can be worked out.
  • Efficiencies can be achieved by joint meeting in matter of timing: staggering vs. competing meetings.
  • Letter to DOE needs to outline concerns and opportunities:
    • Concerns: Agendas / Presence of decision-makers
    • Opportunities: Tribal Summit proposed for pre- or post-meeting.
  • Budget/funding re Agreements in Principals (AIPs) will be addressed in budget update and impact on sites.
    • Continued support?
    • By whom within DOE?
      • Environmental Management
      • NNSA
      • Legacy Management
      • Grand Junction
  • AIP evaluation/report by Environmental Management:
    • Status?
    • Impact on Tribal programs?
  • Goal of NNSA-Science-NE round robin session: Highlight issues at sites with multiple DOE office participation.
    • Overarching challenges among sites.
    • How to help EM with their relationships with counterparts within DOE?

Abbreviations in following sections: Q-Question; A-Answer; C-STGWG Comment; R-DOE Response to Comment

For referenced presentations in following sections, contact: Denise Griffin, NCSL, 303-364-7700; denise.griffin@ncsl.org.

STGWG Full Meeting

Welcome from Co-Conveners and Invocation

Dr. Raymond Loretto, Governor, Jemez Pueblo; and Tom Winston, Ohio EPA

Opening Comments and Agenda Review

Sandra Waisley, Acting Director of Intergovernmental and Public Accountability, Office of Environmental Management (EM)

  • Welcomed Governor Loretto and new STGWG members.
  • Sandra replaces Martha Crosland; her direct phone number: 202-586-3087
  • Shifts in responsibilities within her office.
    • Brandt Petrasek (202-586-4818) is new point of contact (POC) for STGWG.
    • Catherine Volk will work full time on EM Agreements in Principal.

Report Out from Executive Session

  • Concern about lack of forward movement on Implementation Plan for American Indian Policy.
  • CERT request for membership: STGWG recommends against at this time.
  • Intergovernmental streamlining / joint Fall meeting proposal:
    • STGWG supports; has some concerns but none considered roadblocks.
    • Presents an opportunity to move forward with Tribal Summit.

DOE Budget Update

Roger Butler, DOE Deputy Assistant Secretary for Policy, Planning and Budget, EM

(See presentation)

  • EM is focused on accelerated cleanup; has strong support from OMB and congressional staff.
  • The ten Top-to-Bottom Review project teams are all active and are expected to complete their work by end of the fiscal year.
  • Projected: EM budget peak in FY05, with an FY08 budget down around $5 billion.
  • When the work is done at a facility, the dollars will go away.
  • EM focusing now on separating direct cleanup costs from indirect or support activities.
  • Performance metrics are available for each site and program.

Q: Timing on release of FY03 dollars: What happens if agreements can’t be reached?

A: Assumption is that agreements will be reached.

Q: Tribal budget figures for FY04?

A: Sandra will provide detail for Tribal members.

Review of Tribal, State and Local Government and Other Stakeholder Activities, 1999-2002: S. Waisley

  • Reviewed universe of EM stakeholder activities.
  • 140 activities complex-wide; $170M in activity.
  • To ensure that activities were requirement-based within EM mission.
    • Value added
  • Analysis criteria:
    • Program requirement
    • Stakeholders following original agreement
    • Duplicative?
    • Scope/budget creep
    • Reporting requirements/enforcement
      • Tribal governments provide best reports; tie performance to budget.
  • Categories
    • Agreements in Principal (AIPs)
    • State/county/city grants
    • Tribal agreements
    • Site-Specific Advisory Boards (SSABs)
    • Non-profits (NCSL, e.g.)
    • Impact assistance - NM
    • University/college grants
    • Minority education

Q: Evaluation available?

A: It’s not an official report yet.

Q: Will Environmental Management try to phase out Tribal programs by ’04?

A: No.

C: Timing of DOE funding cycles stress Tribes’ ability to fund workplan and meet deliverables.

C: Same issue at Rocky Flats – issue is pervasive. Need to know when sites provide dollars vs. when headquarters puts it in its budget.

R: Should not happen normally – ’03 is tough year.

C: More information offline is requested.

C: Feedback on evaluation would be helpful to program recipients of agreements to improve their performance.

R: Program analysis will be ongoing. Next phase is to develop action plan.

C: Would like to see more interaction with program recipients re lessons learned on both sides, e.g., performance measures quantified, etc.

R: Follow-up actions are to include feedback with recipients.

C: Recipients need to understand what is required by DOE.

Q: Copy of budget presentation?

Action Item: EM will send electronically.

Q: Project breakdown structures (PBSs) at website – by site?

A: Yes.

Q: Baselines to reflect how projects to be funded by both sites and HQ?

A: Yes.

Q: There are non-EM activities not accounted for in budget baselines or in other organizations within DOE. How to be accounted for and budgeted (excess facilities)?

A: Discussion ongoing at Jessie Roberson’s level – how to address the inventory of facilities – early in the process.

Q: Will Rocky Flats’ closing in ’06 free up more dollars for other sites?

A: No, that is not included in the profiles.

C: Frustrating that there is little appreciation of past history efforts. It would be helpful to acknowledge that things have changed. More flexibility in dollar use would be appreciated.

C: Would be helpful to get status report on DOE’s 10 Corporate Teams and be able to have input.

Action Item: S. Waisley will follow up and provide status where available.

C: Would like more information on the 16 metrics developed since the Fall. Some sites have been meeting the metrics for their sites, but entire 16 are not known

Action Item: EM will look into providing the 16 metrics to STGWG members.

C: Information from field not always complete; need complete context and better information exchange. A website would be helpful in providing EM-wide information to both states and Tribes.

DOE Program Offices involved in Sites (EM, NNSA, Science, Nuclear Energy): Putting the Pieces Together

STGWG Round-robin Discussion

  • Greater cleanup and less reliance on perpetual institutional controls (ICs) can be achieved by working together.
  • Excess facilities need to show up in ‘someone's’ long-term plan.
  • Los Alamos National Lab - Joint and competitive funding within DOE.
  • Would like DOE organizational chart and mission statements.
  • EM incentives to transfer responsibility to Office of Legacy Management: May result in different remedial solutions.
  • Will Office of Legacy Management allow for more robust LTS plans? What will the role of Legacy Management be?
  • Who has responsibility for the integrated view and decision making?
    • Need to ‘force’ an integrated strategic plan vs. independent program plans.
  • How to engage and obtain commitments from program areas other then EM?
    • Tribes experience similar issues.
    • Whom do we talk to and how do we communicate?
  • Public views DOE as an entity vs. sub-parts of an entity.
  • EM no longer primary decision-maker regarding cleanup and sites need to bring states, Tribes and others into the process.
  • How to move forward with DOE? With whom do we work in moving forward

Site-Specific Issues

  • At Oak Ridge: DOE determines how issues will be addressed and by whom.
  • Does CERCLA need to approve every Decommissioning & Decontamination (D&D)?
    • D & D falls within EM actions.
  • Pathways can determine decision documents - CERCLA or active waste management.
  • Idaho: How decisions made by one part of the organization affects other parts of the organization and DOE as a whole.
  • Tribes/INEEL: Acceptance of new fuel and impacts of additional fuel acceptance. Where does LTS figure in new mission regarding nuclear issues?

Rocky Flats (RF) Closure Project

Richard DeSalvo, Acting Assistant Manager for Environment and Stewardship, DOE-RF

Mark Sattelberg, Senior Contaminants Biologist, U.S. Fish & Wildlife Service, RF

Dave Shelton, Vice President, Environmental Systems & Stewardship, Kaiser Hill

Steve Tarlton, Rocky Flats Oversight Unit Leader, Colo. Dept. of Public Health & Environment

(See presentations)

Q: Remaining contamination will require enforceable Institutional Controls (ICs). Who pays?

A: Stewardship planning recognizes need for ICs to achieve regulatory compliance. Enforceability will rely on final site cleanup agreements including final land use. DOE will retain control of some contaminated land. Post-closure agreement could be part of final RFCA (Rocky Flats Cleanup Agreement) and final ROD (Record of Decision).

C: State of Colorado would like agreement on ICs sooner than DOE's timeline. State would like DOE to sign on to covenant.

Q: How many state people involved in Rocky Flats closure?

A: Three different teams of people working on different aspects of closure.

C: Description of project is classic emergency response effort.

Q: How are ICS being addressed within Colorado Dept. of Public Health and Environment?

A: Developing reporting requirements, documents and decisions, information management mechanisms. Processes and mechanisms continue to evolve with emphasis on continuous improvement.

C: Problematic issues for sites with continuing missions:

  • Risk reduction of more complex issues, until wastes can be transported offsite.
  • Stovepipe elimination easier with closure site vs. cleanup site; dealing with different missions of different program areas.

C: Common site vision doesn't have to be closure, but is necessary first step.

C: Prior to closure agreement, Rocky Flats had multiple missions, but single regulator aspect (state) was effective.

C: How to prioritize risk: Look at site holistically; easier with EM site.

C: Determine role of contractor in agreement discussions.

Q: How to put a funding mechanism in place with continuing cleanup missions? How to not have contractors make a career of site cleanup?

A: Kaiser-Hill must accomplish the mission. Define mission with DOE and incentivize accomplishment of mission.

A: Predictable, plannable project leads to stable funding; shows that specific things can be done.

Q: Does Fish and Wildlife Service (FWS) have requirements/criteria that DOE must meet?

A: Memorandum of Understanding (MOU) between DOE and DOI (Department of Interior) still in process; FWS has general idea of what to expect.

Q: Baselining process that enables priorities and roles in that process?

A: Consultative effort among parties early; realize that they're dealing with uncertainties, and remain flexible.

First, need credible baseline as detailed as possible, recognizing uncertainties. Could parties agree on ‘reasonableness’ of baseline issues? Develop performance-based approaches for each project. Need to be flexible.

Taking a problem-solving, collaborative approach helps drive to common, creative solutions/processes.

Q: Is part of the success due to allowing the contractor to talk directly with regulator?

A: Yes, DOE manages the contract, rather than the contractor.

Q: How does third party ownership of mineral rights affect agreement?

A: Issue will be negotiated in MOU between DOE and DOI.

Q: DOE thoughts on its resolution?

A: Title work has been completed to identify interests. Some mineral rights are subordinate to federal government rights. Still looking for solution.

Q: Some things still in place that will require perpetual oversight. Has state identified the required resources?

A: Still trying to get a handle on the resources; looking at the other sites for models.

Q: Issue of lead regulator?

A: State coordinates regulator authority among EPA, etc. - a collaborative process.

Thursday, March 27, 2003

Transportation Update

Patrice Bubar, Associate Deputy Assistant Secretary, DOE Office of Integration and Disposition

(See presentation)

  • Waste shipments restarted 3-26-03.

Q: Identify waste streams that are non-defense?

A: Yes, identify site-by-site the defense pedigree of the waste.

Q: Acceptance of PCB waste at WIPP?

A: Still working on issue. EPA/NEPA/NM all working to resolve issue.

Q: Characterization of shipments at WIPP facility vs. earlier in process?

A: Confirmation of characterization at facility; mobile units. Multiple paths currently trying to ‘nail down’ efforts. Mobile units at sites that need them.

Q: Legacy waste at Los Alamos to WIPP?

A: Characterization of waste at Los Alamos: Nuclear Regulatory Commission (NRC) agreed to scale back requirements of shipments to WIPP.

Q: Rail line at Carlsbad?

A: Yes, think so.

Q: Corporate team looking at transuranic (TRU) waste to particular sites? Will we be brought into loop?

A: Yes, will be fed into the baseline.

Q: To what extent is Envirocare being held to Class B-C license?

A: Effort is to send to DOE sites. It’s a big issue for Rocky Flats -- not counting on commercial entity.

Q: How are materials transported via private couriers tracked, and how can Tribes learn more about these shipments vis-a-vis emergency response?

A: DOE does not track hazardous shipments; the site knows what is on the road.

Q: Defense pedigree of West Valley waste?

A: It’s a high priority; attorneys are looking at issue.

Q: In one instance, waste was tracked by satellite, but took 90 minutes to communicate. Why not GPS tracking?

A: Time lapse was between connections via telephone.

Q: Re coordination with other DOE offices: Is NNSA on transportation teams?

A: NNSA is on packaging and transport, but not spent nuclear fuel (SNF). RW is on team for SNF.

DOE Risk-Based End States Cleanup Project

David Geiser, Director, DOE Office of Long-Term Stewardship

(See presentation)

  • Risk-Based End States (RBES) policy and guidance docs sent out in December:
    • Sent to 55 groups; received 700 comments.
    • Has just completed edits on comment resolution document; will go out in April.
  • Grand Junction Office (GJO) -- Legacy Management operations in the field; 120 operating sites – down to 20 core sites by 2010.
  • There has been little consistency in DOE land use planning, consistent standards.
    • Different groups at each site have differing views on land use.
    • There is not as much agreement as states sometimes think.
  • Oak Ridge Reservation – ‘best in class’ in end use planning.
  • Makes sense to move land off DOE books if no longer part of DOE mission; return to public domain or to private entities.
  • Three main issues:
    • Corporate land use vision (what DOE expects of the site)
    • Groundwater strategy
    • Cultural change (how DOE views its land holdings)

Donna Bergman-Tabbert, DOE–Grand Junction

Dan Collette, Manager, Technical Services, S.M. Stoller Corp., Grand Junction

(See presentations)

  • Challenge is in achieving enforceable institutional controls (ICs).

Web Demonstration:

  • Long-Term Surveillance and Maintenance (LTSM) homepage: http://www.gjo.doe.gov/programs/ltsm
  • Geospatial Environmental Mapping System (GEMS) site: http://gems.gjo.doe.gov
  • Only sites in Legacy Management will be on this web site (not NNSA, etc.).
  • Information online is information already publicly available.
  • Computer security issues were considered.

Q: A concern with electronic media is changing technology, wherewithal to update technology to review information?

A: Tool is seen as working tool - not only source for the information. Need to keep in nonproprietary formats.

Office of Legacy Management (OLM)

Michael Owen, Director, DOE Office of Worker and Community Transition

(See presentation)

  • Office overview:
    • Principal secretarial office (PSO); will report directly to Undersecretary Bob Card.
    • Office of Long-Term Stewardship and National Energy Technology Laboratory (NETL) will move to OLM.
    • OLM funding starts in FY04; will have own budget.
    • OLM allows EM to focus on cleanup.
  • OLM will handle:
    • Hard legacies – land, facilities.
    • Soft legacies – employees, contractor work force.

Q: Standards/criteria of Corps sites to move into Legacy Management?

A: Grand Junction Office (GJO) has developed protocols with the Corps to receive their sites - monitoring and documentation requirements. If remedy fails, then goes back to Corps for remediation. Corps is working with regulators to meet their requirements. GJO continues to work with Corps on requirements and for transfer.

Q: Legacy Management involved in LTS requirements: Can you refuse sites?

A: Long-Term Surveillance and Maintenance (LTSM) is mission; not involved in EM remediation decisions. Decisions to accept sites, or not, are still being determined.

Q: Merging of LTS and worker benefits: Resulting in competition for funding. Is there enough money?

A: Worker benefits come with specific line items -- earmarks pension trust funds - shouldn't be too much competition.

Video Presentations

Shoshone-Bannock Tribes: "Closing the Circle"

Nez Perce Tribe: "Oral History Perspectives on the Hanford Nuclear Site"

Nez Perce Treaty Book Presentation

Aaron Miles, Nez Perce Tribe

Tribal Issues Session

Kristen Ellis, Intergovernmental Liaison Officer, Intergovernmental and External Affairs, Office of Congressional & Intergovernmental Affairs (CI)

  • Steve Grey unable to attend; apologies from HQ.
    • Steve currently serves as POC for Los Alamos.
    • General Counsel approval of Steve as Director of Indian Affairs (DIA) is pending; title of Acting Director was inadvertently being used without permission.
    • DIA position was previously held by Victoria Thornton; while Vicki was at Education Dept., Bob Paduchik answered those duties. Bob has left DOE.
  • Changes in Office of Congressional and Intergovernmental Affairs
    • Acting Assistant Secretary is Shannon Henderson.
    • Herb Jones is Deputy Assistant Secretary.
      • Is from South Dakota; has experience with Tribes.
      • Has been with DOE two months.
      • Is motivated to move forward with the Indian Policy.
      • Has had multiple consultation visits with Tribes.
      • Recently convened an Indian POC conference call – first in over a year.
  • Indian Policy Implementation Plan
    • DOE recognizes these are issues of great interest and concern and that there has been an appearance that the Indian Policy was being neglected.
    • Deputy Energy Secretary Kyle McSlarrow has just directed CI to address Implementation Plan and Tribal Summit and to invite POCs to assist with strategy and planning.
    • HQ is aware of STGWG involvement in drafting current version of IP specific to EM.
    • Integral problem at DOE: Multiple program offices; difficult to create a quick solution.
    • Will form committees to move forward on Implementation Plan (IP), as directed in McSlarrow memo.
        • STGWG welcome to participate.
        • CI will be creating a committee shortly.
        • Action Item: Contact Kristen directly to be included in the selection process.
      • Role of POCs: Coordinate Indian issues for specific program offices.
        • POC list available on request; contact Kristen.
      • CI is clearinghouse for all information.
  • Tribal Summit
    • McSlarrow memo (above) represents front office commitment to having summit..
    • Will have committee within POCs and among others to determine needs.
  • DOE would like to change the usual mechanism of doing things:
    • Has been too much focus on one person being able to carry things out.
    • Want to develop mechanism for events proceeding more orderly, consistently.

Q: Agenda of Tribal Summit?

A: Emerged from American Indian Policy - has been promised for some time - to fulfill Tribal consultative agreements.

C: "DOI doesn't do energy and DOE doesn't do Indians" – Bill S424 will help.

C: Helpful to have both States and Tribes involved in land management/use decisions - and have an office within DOE to get the States & Tribes involved.

R: Cory Flowers is main contact in Legacy Management. Legacy Management deals with sites with no ongoing mission.

C: Hope that commitment to get American Indian Policy Implementation Plan extends beyond EM. (See STGWG white paper Dec. 02.)

C: General counsel has concerns with application DOE-wide, but there are commitments to move forward.

C: Government-to-government relationships refers to relationship with each Tribe ; consultation is two-way street.

C: Consultation with/notification of Tribes must be early on; deadlines must be reasonable to Tribes. Phone consultations are not adequate/acceptable.

Wrap-Up/Next Steps

  • Key Outcomes/Summary should include action items clearly defined to hold people accountable.
  • See attached Action Item chart.

 

State and Tribal Government Working Group (STGWG)

March 26-27, 2003

Denver, Colorado

ACTION ITEMS

 

action item

contact/s

status as of 4/30/03

Electronic version of R. Butler budget presentation to STGWG

EM – R. Butler/S. Waisley

Completed

STGWG letter to DOE-EM re CERT request for STGWG membership

T. Winston

Completed

STGWG letter to DOE-EM re streamlining & joint Fall meeting w/ other intergovernmental groups

T. Winston

Completed

DOE organizational chart and office mission statements to STGWG

S. Waisley

Completed

Update / Status of DOE’s 10 Corporate Project Teams to STGWG

S. Waisley

Completed (website not yet loaded for all teams; three currently posted)

Risk-Based End State (RBES) Policy to STGWG for revcom

D. Geiser

Completed

STGWG comments on RBES Policy to Geiser

Full STGWG

Due May 12, 2003

STGWG work with D. Frost on joint Fall meeting with other intergovernmental groups

W. Preacher / T. Winston

Ongoing

STGWG letter to Secretary Abraham expressing concern re Indian Policy Implementation Plan and interest in Tribal Summit

STGWG Tribal Issues Committee

To be completed

16 metrics that have been developed since last Fall: Distribute to STGWG

EM

Completed

Compile list of issues/challenges from "Putting the Pieces Together" discussion

T. Winston

To be completed

Work with EM on involvement of other DOE program offices (NNSA, Science, NE, OLM) in Fall meeting

W. Preacher / T. Winston

Ongoing

STGWG: Improved performance reporting to EM

T. Winston / D. Griffin

Ongoing

Contact Kristen Ellis in Congressional and Intergovernmental Affairs to express interest in DOE committee to be formed on Implementation Plan: 202-586-5810; kristen.ellis@hq.doe.gov

STGWG Tribal Issues Committee

As soon as practical

 

http://web.em.doe.gov/stgwg/meet0326272003.html