Office of Legacy Management (2020 Presidential transition)

Book 3 - Organization Overview
Entire 2020 DOE Transition book As of October 2020

The Office of Legacy Management (LM) supports the Department of Energy (DOE) mission and Goal 3 of the Strategic Plan in the following areas:

Protect human health and the environment

LM protects human health and the environment by conducting long-term surveillance and maintenance (LTS&M) activities, currently at 100 sites, to ensure that environmental remedies put in place during site cleanup continue to protect human health and the environment. Our site inventory will expand as other DOE sites are transferred to LM upon the completion of remediation and regulatory closure.

Preserve, protect, and share records and information

LM protects and maintains legacy records and information, and makes technology solutions more efficient, relevant, and accessible to the LM stakeholder and user communities. In addition, we preserve the Yucca Mountain Project science and information

Safeguard former contractor workers’ retirement benefits

LM ensures prudent funding and risk mitigation in support of former contractor workers’ retirement benefits.

Sustainably manage and optimize the use of land and assets

LM activities promote and enhance sustainable environmental performance for facilities and personal property and incorporate climate resilience in infrastructure planning and design consideration. We also ensure the beneficial reuse of land and assets, so former sites can become community assets.

Sustain management excellence

LM develops and maintains high standards for planning, budgeting, acquisition, and program and project management. The expertise of our 75 federal employees and over 500 contractor partners help protect human health and the environment by maintaining 100 sites in 30 states and territories, from Puerto Rico to Alaska. LM is an OMB designated High Performance Organization. As stewards of taxpayer dollars, LM is steadfast in our commitment to conservatively manage our funds.

Engage the public, governments, and interested parties

LM management and staff recognize that engaging the public and governmental organizations is critical to achieving nearly all objectives of the organization. Public outreach, governmental collaboration, and effective dialog with tribal nations are central to all our work and remain a high priority. Engaging the public, governments, and interested parties includes strategic outreach, interpretive services, and participation in environmental justice (EJ) efforts. Outreach often takes the form of person- to-person interaction between LM and community members at open houses, tours, and interpretive centers

Mission Statement

The mission of LM is to fulfill the Department’s post-closure responsibilities and ensure the future protection of human health and the environment. We are the caretakers of legacy sites that played a critical role in America’s nuclear history. By supporting the Manhattan project and additional nuclear weapons development, as well as experimental peace-time nuclear energy applications, our sites helped America win World War II and the Cold War. We are the federal land managers and stewards of cultural, historical, and natural resources at sites that have been successfully cleaned up and have remedies in place. We work closely with federal, state, local, and Tribal governments to set clear expectations and monitor results to ensure public and environmental safety for generations to come. We use advancements in science and emerging technologies to efficiently improve existing protection levels at our sites.

Budget

Fiscal Year	Budget
FY 2019 enacted	$158,800,000
FY 2020 enacted	$162,000,000
FY 2021 requested	$317,000,000

Human Resources

FY 2020 authorized full-time equivalents (FTEs): 75

History

DOE established LM in 2003 to manage post environmental remediation activities at former defense-related sites that were part of the nation’s nuclear weapons complex. The sites have been remediated under a variety of authorities and programs, including: the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Uranium Mill Tailings Radiation Control Act (UMTRCA); the Formerly Utilized Sites Remedial Action Program (FUSRAP); the Defense Decontamination and Decommissioning (D&D) Program ; Nevada Off-Sites, continental underground nuclear tests or proposed test sites in the United States within proximity of the Nevada National Security Site ; Nuclear Waste Policy Act (NWPA, 1984) Section 151; and the Mercury Export Ban Act . LM conducts long-term surveillance and maintenance (LTS&M) at these sites where nuclear waste has been disposed, where residual contamination remains, or where passive or active treatment of groundwater contaminated by radionuclides or other contaminants of concern is being conducted. Today, LM is responsible for 100 sites in the United States and the territory of Puerto Rico. Our mission and portfolio continue to grow with the projected addition of new sites and programs.

Functions

Long-Term Surveillance and Maintenance

Protects human health and the environment through effective and efficient long-term surveillance and maintenance.

Work Force Management

Implements departmental policy concerning continuity of worker pension and medical benefits.

Legacy Land and Asset Management

Manages legacy land and assets, emphasizing safety, reuse, and disposition.

Community Impact Mitigation

Mitigates community impacts resulting from the cleanup of legacy waste and changing departmental missions

Legacy Land and Asset Liaison

Actively acts as liaison and coordinates all policy issues with appropriate departmental organizations.

Recent Organization Accomplishments

LM’s recent major organizational accomplishments include:

100th Site Added to the LM Portfolio

In 2019, LM marked a major milestone, when the 100th legacy site was added to LM’s portfolio. The transfer of the Colonie, New York, site occurred a year earlier than planned and reflects the sustained progress by DOE in managing the responsibilities associated with the legacy of World War II and the Cold War. LM expects to receive up to 20 additional sites in the next 10 years.

Consecutive U.S. Environmental Protection Agency (EPA) Site Reuse Awards

EPA awarded the 2020 Federal Facility Excellence in Site Reuse Award to LM’s Weldon Spring, Missouri, Site. The 228-acre site, located 30 miles west of St. Louis, Missouri, was remediated and revitalized for beneficial reuse as a community educational center, restored native prairie, and recreational site. The site has had more than 346,000 visitors to date. LM’s Fernald Preserve, Ohio, was selected the 2019 winner in the same award category.

International Partnership to Advance LTS&M Science

In 2020, LM and Wismut GmbH signed an MOU that formalizes the exchange of information, professional development staff, and structured cooperation on LTS&M and management of legacy uranium mines and mills. Wismut is a German government-owned company engaged in the application of state-of- the-art technologies for long term stewardship and remediation of legacy uranium mines and mills. Wismut’s field operations are similar to the core mission of LM. LM has similar agreement with the International Atomic Energy Agency.

Lifecycle Baseline and Environmental Liability Validation

In 2020, LM completed an independent Life Cycle Baseline and Environmental Liability, $8B, cost estimate validation that meet the standards of the GAO Cost Estimating and Assessment Guide (GAO-09- 3SP, March 2009). The life cycle baseline approach for estimating and documenting environmental liabilities covers a minimum of 75 years.

Continuity Program

In 2020, LM published the Continuity of Operations (COOP) Plan and Business Continuity Plan. The LM Continuity Program is now compliant with requirements of DOE Order 150.1A and Emergency Plans.

Rocky Flats and Mound Pension Plan Termination and Disposition

In 2020, LM completed the Rocky Flats Plan Termination, Retiree Reimbursement Arrangement (RRA), reducing market volatile risks for over 1,200 former DOE contractor employees. This action resulted in retirees receiving either a lump sum payment or an annuity backed by an experienced and stable insurance company. LM’s prudent strategy of fully funding its pension plans and taking advantage of favorable markets over time, allowed it to take similar action for all five of its pension plans (Fernald, Pinellas, Rocky Flats Mound, Rocky Flats Guards, Rocky Flats Non-Guards) over the past five years. LM’s strategy reduced DOE’s accounting liabilities by a combined $773 million and eliminated future risk to the department of continuing to sponsor these plans. LM successfully removed approximately $200 million from DOE’s long-term financial liabilities by annuitizing the Mound Employees’ Pension Plan. Due to the funded status of the plan at the time, LM returned $4.25 million to DOE; this was the first time DOE received funds back after a termination.

4.5 Acre Site Closure, Pinellas, Florida

In 2019, LM achieved the unconditional closure of the 4.5 Acre Site, which is a unit within the Pinellas County, FL, CERCLA/RCRA Category 3 Site. The unconditional closure is a first for an LM site. The closure order, issued by the State of Florida, specifies that DOE no longer has any responsibilities for the unit.

Defense-Related Uranium Mines (DRUM) Program

In 2019, LM delivered its first DRUM roll-up report to the Bureau of Land Management (BLM). DRUM is a partnership between DOE, federal land management agencies, and state abandoned mine lands (AML) programs to verify and validate (V&V) the condition of 2,500 defense-related uranium mines (mines) on federal public land by the year 2022. These mines provided uranium ore to the U.S. Atomic Energy Commission for defense-related activities that occurred between 1947 and 1970, and most are abandoned.

Final Disposition of Mound, Ohio, Site

In 2019, LM transferred the last property parcel at the Mound, Ohio, Site from LM to the Mound Development Corporation, a nonprofit community development arm of the city of Miamisburg, for beneficial reuse. DOE transferred ownership of remediated parcels on the 306-acre former weapons and research facility from 1999 to 2019.

Leadership Challenges

LM is facing challenges and opportunities with its aging disposal cells, pursuing major repairs requiring steady resources aimed at long-term stewardship.

LM is planning to transition from one support contractor (Navarro Engineering and Research Inc.) to another (RSI EnTech LLC) to fulfill post-closure responsibilities at over 100 sites.

In response to the GAO Report on Environmental Liabilities (GAO-20-373, May 2020), LM is working with the U.S. Nuclear Regulatory Commission (NRC) to develop agreements and establish procedures for returning a site back to the NRC for additional cleanup work. In response to GAO Report on Environmental Liabilities (GAO-20-373, May 2020), LM is preparing to assess the climate resilience of LM’s sites and develop plans to mitigate any significant impacts using the National Labs.

Critical Events and Action Items

Critical events or actions that will take place before and within the first 3 months of the next Presidential term:

December 2020 – Releasing the draft environmental assessment of the proposed demolition of the Piqua, Ohio, Decommissioned Reactor Site for public review and comment period.
January 2021 – Start transition activities to new contractor to support the LM mission.
Project K-25 History Center, Oak Ridge, Tennessee, transitions from Environmental Management (EM) to LM. This transfer of DOE property to the airport authority will support major Oak Ridge authorities. Also, the East Tennessee Technology Park Transition and continuation of support for the GSA transfer to airport authority.
Tonopah Test Range, Nevada, transition of transfer from EM to LM.
Colonie, NY, beneficial reuse disposition from LM to 3rd party through the GSA disposition authority. Colonie was our 100th site and we are divesting the site^[1]