102d CONGRESS
2d Session
S. 1671
AMENDMENTS
S 1671 EAH
In the House of Representatives, U. S.,
July 21, 1992.
Resolved, That the bill from the Senate (S. 1671) entitled `An Act to
withdraw certain public lands and to otherwise provide for the operation
of the Waste Isolation Pilot Plant in Eddy County, New Mexico, and for
other purposes', do pass with the following
AMENDMENTS:
Strike out all after the resolving clause and insert:

f522aebbbc2d6f2a95df14e6bbd860cabcf277fc4d79d09901ea699f8355453a

(a) SHORT TITLE- This Act may be cited as the `Waste Isolation Pilot Plant
Land Withdrawal Act'.
(b) TABLE OF CONTENTS-

a4c4f75726fc9ac108213cbf17565568c9b8eeb7ea2b2b72e50b25becf37b770

For purposes of this Act:
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
(2) AGREEMENT- The term `Agreement' means the July 1, 1981, Agreement
for Consultation and Cooperation, as amended by the November 30, 1984
`First Modification' the August 4, 1987 `Second modification', and the
March 18, 1988 `Third modification', or as it may be amended after the
date of enactment of this Act, between the State of New Mexico and the
United States Department of Energy as authorized by section 213(b) of the
Department of Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1980 (Pub. L. 96-164; 93 Stat. 1259, 1265).
(3) CONTACT-HANDLED TRANSURANIC RADIOACTIVE WASTE- The term `contact-handled
transuranic radioactive waste' means transuranic radioactive waste with
a surface dose rate not greater than 200 millirem per hour.
(4) DECOMMISSIONING PHASE- The term `decommissioning phase' means the
period of time beginning with the end of the operations phase and ending
when all shafts at the WIPP repository have been back-filled and sealed.
(5) DISPOSAL- The term `disposal' means permanent isolation of transuranic
radioactive waste from the accessible environment with no intent of recovery,
whether or not such isolation permits the recovery of such waste.
(6) DISPOSAL STANDARDS- The term `disposal standards' means the environmental
standards for the disposal of spent nuclear fuel, high-level radioactive
waste, and transuranic radioactive waste to be issued by the Administrator
pursuant to section 8.
(7) EEG- The term `EEG' means the Environmental Evaluation Group for
the Waste Isolation Pilot Plant referred to in section 1433 of the
National Defense Authorization Act, Fiscal Year 1989 (Pub. L. 100-456;
102 Stat. 1918, 2073).
(8) ENGINEERED BARRIERS- The term `engineered barriers' means backfill,
room seals, panel seals, and any other manmade barrier components of the
disposal system.
(9) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive waste'
has the meaning given such term in section 2(12) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(12)).
(10) OPERATIONS PHASE- The term `operations phase' means the period of time,
during which transuranic radioactive waste is disposed of at WIPP, beginning
with the initial emplacement of transuranic radioactive waste underground
for disposal and ending when the last container of transuranic radioactive
waste, as determined by the Secretary, is emplaced underground for disposal.
(11) REMOTE-HANDLED TRANSURANIC RADIOACTIVE WASTE- The term `remote-handled
transuranic radioactive waste' means transuranic radioactive waste with
a surface dose rate of 200 millirem per hour or greater.
(12) RETRIEVAL- The term `retrieval' means the removal of transuranic
radioactive waste and the container in which it has been retained and any
material contaminated by such waste from the underground repository at WIPP.
(13) SECRETARY- The term `Secretary', unless otherwise specified, means
the Secretary of Energy.
(14) SPENT NUCLEAR FUEL- The term `spent nuclear fuel' has the meaning
given such term in section 2(23) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(23)).
(15) TEST PHASE- The term `test phase' means the period of time, during
which test phase activities are conducted, beginning with the initial
receipt of transuranic radioactive waste at WIPP and ending when the
earliest of the following events occurs:
(A) The conditions described in section 7(b) are met.
(B) The Administrator certifies under section 9(c)(1)(B) that the WIPP
facility will not comply with the disposal standards.
(C) The time period described in section 6(c)(5) expires.
(16) TEST PHASE ACTIVITIES- The term `test phase activities' means the
testing and experimentation activities that the Secretary determines to
be necessary to determine the suitability of WIPP as a repository for the
permanent isolation of transuranic radioactive waste.
(17) TEST PHASE PLAN- The term `test phase plan' means the Department of
Energy WIPP Test Phase Plan: Performance Assessment, dated April 1, 1990, and
any revisions to such plan, approved by the Administrator under section 5.
(18) TRANSURANIC RADIOACTIVE WASTE- The term `transuranic radioactive
waste' means waste containing more than 100 nanocuries of alpha-emitting
transuranic isotopes per gram of waste, with half-lives greater than 20
years, except for--
(A) high-level radioactive waste;
(B) waste that the Secretary has determined, with the concurrence of
the Administrator, does not need the degree of isolation required by the
disposal standards; or
(C) waste that the Nuclear Regulatory Commission has approved for disposal
on a case-by-case basis in accordance with part 61 of title 10, Code of
Federal Regulations.
(19) WIPP- The term `WIPP' means the Waste Isolation Pilot Plant project
authorized under section 213 of the Department of Energy National Security
and Military Applications of Nuclear Energy Authorization Act of 1980
(Pub. L. 96-164; 93 Stat. 1259, 1265) to demonstrate the safe disposal of
radioactive waste materials generated by defense programs.
(20) WITHDRAWAL- The term `Withdrawal' means the geographical area consisting
of the lands described in section 3(c).

cff20bde80f02fcc1fe176eb0fa0d6261a30f34b5583b33b4fd5a1a3e198d102

(a) LAND WITHDRAWAL, JURISDICTION, AND RESERVATION-
(1) LAND WITHDRAWAL- Subject to valid existing rights, and except as
otherwise provided in this Act, the lands described in subsection (c) are
withdrawn from all forms of entry, appropriation, and disposal under the
public land laws, including without limitation the mineral leasing laws,
the geothermal leasing laws, the material sale laws (except as provided
in section 4(b)(4) of this Act), and the mining laws.
(2) RESERVATION- Such lands are reserved for the use of the Secretary
of Energy for the construction, experimentation, operation, repair and
maintenance, disposal, shutdown, monitoring, decommissioning, and other
authorized activities associated with the purposes of WIPP as set forth
in section 213 of the Department of Energy National Security and Military
Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96-164;
93 Stat. 1259, 1265), and this Act.
(b) REVOCATION OF PUBLIC LAND ORDERS- Public Land Order 6403 of June 29,
1983, as modified by Public Land Order 6826 of January 28, 1991, and the
memorandum of understanding accompanying Public Land Order 6826, are revoked.
(c) LAND DESCRIPTION-
(1) BOUNDARIES- The boundaries depicted on the map issued by the Bureau
of Land Management of the Department of the Interior, entitled `WIPP
Withdrawal Site Map,' dated October 9, 1990, and on file with the Bureau of
Land Management, New Mexico State Office, are established as the boundaries
of the Withdrawal.
(2) LEGAL DESCRIPTION AND MAP- Within 30 days after the date of the
enactment of this Act, the Secretary of the Interior shall--
(A) publish in the Federal Register a notice containing a legal description
of the Withdrawal; and
(B) file copies of the map described in paragraph (1) and the legal
description of the Withdrawal with the Committees on Energy and Natural
Resources and Armed Services of the Senate, the Committees on Interior
and Insular Affairs, Energy and Commerce, and Armed Services of the House
of Representatives, the Secretary of Energy, the Governor of the State of
New Mexico, and the Archivist of the United States.
(d) TECHNICAL CORRECTIONS- The map and legal description referred to
in subsection (c) shall have the same force and effect as if they were
included in this Act. The Secretary of the Interior may correct clerical
and typographical errors in the map and legal description.
(e) WATER RIGHTS- This Act does not establish a reservation to the United
States with respect to any water or water rights on the Withdrawal. No
provision of this Act may be construed as a relinquishment or reduction
of any water rights reserved or appropriated by the United States in the
State of New Mexico on or before the date of the enactment of this Act.

3d85ba2d087b876702af97ed82fcdd1334b3d0d97947d13e82bb37b4f531b183

(a) GENERAL AUTHORITY- The Secretary of the Interior shall be responsible
for the management of the Withdrawal pursuant to the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), this Act, and other
applicable law, and shall consult with the Secretary of Energy and the
State of New Mexico in discharging such responsibility and any other
responsibility required by this Act.
(b) MANAGEMENT PLAN-
(1) DEVELOPMENT- Within 1 year after the date of the enactment of this Act,
the Secretary of the Interior, in consultation with the Secretary of Energy
and the State of New Mexico, shall develop a management plan for the use
of the Withdrawal until the end of the decommissioning phase.
(2) PRIORITY OF WIPP-RELATED USES- Any use of the Withdrawal for activities
not associated with WIPP shall be subject to such conditions and restrictions
as may be necessary to permit the conduct of WIPP-related activities.
(3) NON-WIPP RELATED USES- The management plan developed under paragraph (1)
shall provide for the maintenance of wildlife habitat and shall provide that
the Secretary of the Interior may permit such non-WIPP related uses of the
Withdrawal as the Secretary of the Interior determines to be appropriate,
including domestic livestock grazing and hunting and trapping in accordance
with the following requirements:
(A) GRAZING- The Secretary of the Interior may permit grazing to continue
where established before the date of the enactment of this Act, subject to
such regulations, policies, and practices as the Secretary of the Interior,
in consultation with the Secretary of Energy, determines to be necessary
or appropriate. The management of grazing shall be conducted in accord
with applicable grazing laws and policies, including--
(i) the Act entitled `An Act to stop injury to public grazing lands by
preventing overgrazing and soil deterioration, to provide for their orderly
use, improvement, and development, to stabilize the livestock industry
dependent upon the public range, and for other purposes,' approved June
28, 1934 (43 U.S.C. 315 et seq., commonly referred to as the `Taylor
Grazing Act');
(ii) title IV of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.); and
(iii) the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1902 et seq.).
(B) HUNTING AND TRAPPING- The Secretary of the Interior may permit hunting
and trapping within the Withdrawal in accordance with applicable laws and
regulations of the United States and the State of New Mexico, except that
the Secretary of the Interior, after consultation with the Secretary of
Energy and the State of New Mexico, may issue regulations designating zones
where, and establishing periods when, no hunting or trapping is permitted
for reasons of public safety, administration, or public use and enjoyment.
(4) DISPOSAL OF SALT TAILINGS- The Secretary of the Interior shall dispose
of salt tailings extracted from the Withdrawal that the Secretary of
Energy determines are not needed for backfill at WIPP. Disposition of such
tailings shall be made under sections 2 and 3 of the Act of July 31, 1947,
(30 U.S.C. 602, 603; commonly referred to as the `Materials Act of 1947').
(5) PROHIBITION ON MINING- No surface or subsurface mining, including
slant drilling from outside the boundaries of the Withdrawal, shall be
permitted at any time (including after decommissioning) on lands on or
under the Withdrawal.
(c) CLOSURE TO PUBLIC- If during the withdrawal made by section 3(a) the
Secretary of Energy determines in consultation with the Secretary of the
Interior that the health and safety of the public or the common defense
and security require the closure to the public use of any road, trail, or
other portion of the Withdrawal, the Secretary of Energy may take whatever
action the Secretary of Energy determines to be necessary to effect and
maintain the closure and shall provide notice to the public of such closure.
(d) MEMORANDUM OF UNDERSTANDING- The Secretary of the Interior and
the Secretary of Energy shall enter into a memorandum of understanding
to implement the management plan developed under subsection (b). Such
memorandum shall remain in effect until the end of the decommissioning phase.
(e) SUBMISSION OF PLAN- Within 1 year after the date of the enactment
of this Act, the Secretary of the Interior shall submit the management
plan developed under subsection (b) to the Committees on Interior and
Insular Affairs and Energy and Commerce of the House of Representatives,
the Committee on Energy and Natural Resources of the Senate, and the State
of New Mexico. Any amendments to the plan shall be submitted promptly to
such Committees and the State of New Mexico.

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(a) REVIEWS OF TEST PHASE PLAN BY SECRETARY-
(1) ANNUAL REVIEW- The Secretary shall annually review the test phase plan
and propose any revisions required to ensure that all of the proposed
activities described in the plan are necessary to demonstrate that the
WIPP facility will comply with the final disposal standards.
(2) REQUIRED CONSULTATION- The Secretary shall conduct any review, and
make any required revisions, of the test phase plan in consultation with
the National Academy of Sciences, the Administrator, and the EEG.
(b) TEST PHASE ACTIVITIES TO BE CONDUCTED AT WIPP-
(1) JUSTIFICATION AND TEST PHASE ACTIVITIES- The test phase plan (and any
revisions to such plan) shall--
(A) include justification for all test phase activities to be conducted
at WIPP;
(B) specify the quantities and types of transuranic radioactive waste
required for such activities; and
(C) be submitted for review and approval to the Administrator.
(2) APPROVAL BY ADMINISTRATOR-
(A) IN GENERAL- The Administrator shall determine by rule, pursuant to
chapter 5 of title 5, United States Code, whether to approve or disapprove
the test phase plan (and any revisions to such plan). The Administrator
shall issue a proposed rule under this paragraph not later than than 90
days after receipt of such plan (and revisions).
(B) STANDARD FOR APPROVAL-  The Administrator may approve the test phase
plan (and any revisions to such plan) only if the Administrator determines
that all of the proposed activities described in such plan (and revisions)
are necessary to demonstrate that the WIPP facility will comply with the
final disposal standards under section 8.
(c) RETRIEVAL PLAN- The Secretary shall issue and submit to the Administrator
for review a detailed retrieval plan to be implemented by the Secretary
under section 6(c)(5) or 9(b)(3). Such plan shall include specific plans for
the interim management and storage of any such removed waste and specify
the location of such storage. The Administrator shall determine by rule,
pursuant to chapter 5 of title 5, United States Code, whether to approve
or disapprove such plan. The Administrator shall issue a proposed rule
under this subsection not later than than 90 days after receiving such plan.
(d) REVIEW BY STATE-
(1) IN GENERAL- In addition to the review by the Administrator of the test
phase plan (or any revisions to such plan) under subsection (b)(2) and the
retrieval plan under subsection (c), the Secretary shall submit each plan
or revision, as appropriate, subject to review under such subsections to
the State of New Mexico for review. The State of New Mexico shall complete
its review and specify any disagreement with the plan (or any revisions
to such plan) within 90 days of receipt of such plan or revisions.
(2) CONFLICT RESOLUTION- In the event that the State of New Mexico disagrees
with any aspect of any plan or revision to such plan subject to review under
paragraph (1), the conflict resolution procedures described in Article IX
of the Agreement shall be employed to resolve such disagreement.
(e) WASTE CHARACTERIZATION- The Secretary shall, after providing notice
and an opportunity for public comment, fully characterize all transuranic
radioactive waste types at all sites from which wastes are to be shipped
to WIPP. The results of such characterization shall be reflected in the
test phase plan (and any revisions to such plan) before the Administrator
may provide certification under section 9(c)(1)(B).

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(a) GENERAL AUTHORITY- The Secretary is authorized, subject to subsections
(b) and (c), to conduct test phase activities in accordance with the test
phase plan.
(b) REQUIREMENTS FOR COMMENCEMENT OF TEST PHASE ACTIVITIES- The Secretary may
not transport any transuranic radioactive waste to WIPP to conduct test phase
activities under subsection (a) unless the following requirements are met:
(1) FINAL DISPOSAL STANDARDS ISSUED- The final disposal standards are
issued and published in the Federal Register under section 8.
(2) TERMS OF NO-MIGRATION DETERMINATION COMPLIED WITH- The Administrator
has determined that the Secretary has complied with the terms and conditions
set forth in paragraphs (5), (6), and (7) of the no migration determination
described at page 47,720 of Volume 55, No. 220 of the Federal Register,
on November 14, 1990.
(3) RETRIEVAL PLAN APPROVED- The Secretary has issued and the Administrator
has approved the retrieval plan required under section 5(c).
(4) TEST PHASE PLAN APPROVED- The Administrator has approved the test phase
plan (and any revisions to such plan) in accordance with section 5(b)(2).
(5) CONSIDERATION BY STATE-
(A) REVIEW COMPLETED- The Secretary has complied with the requirements of
section 5(d) and the State of New Mexico has completed its review under
such section.
(B) CONFLICT RESOLUTION- In the event that the conflict resolution procedures
described in section 5(d)(2) are employed for any review required under
section 5(d)(1), such review shall not be considered complete until the
disagreement necessitating the use of such procedures has been resolved
in accordance with such procedures.
(6) EMERGENCY RESPONSE TRAINING-
(A) REVIEW- The Secretary of Labor, acting through the Occupational Safety
and Health Administration, has reviewed the emergency response training
programs of the Department of Energy that apply to WIPP.
(B) CERTIFICATION- The Secretary of Labor, acting through the Occupational
Safety and Health Administration, has certified that emergency response
training programs of the Department of Energy that apply to WIPP are in
compliance with part 1910.120 of title 29, Code of Federal Regulations.
(7) CERTIFICATION OF SAFETY- The Secretary has certified that the safety of
all test phase activities to be completed at WIPP can be ensured through
procedures that would not compromise the type, quantity, or quality of
data collected from such test phase activities.
(c) LIMITATIONS- Test phase activities conducted under subsection (a)
shall be subject to the following limitations:
(1) QUANTITY OF WASTE THAT MAY BE TRANSPORTED- During the test phase,
the Secretary may transport to WIPP--
(A) only such quantities of transuranic radioactive waste as the
Administrator has determined under section 5(b) are necessary to conduct
test phase activities to demonstrate that the WIPP facility will comply
with the disposal standards; and
(B) in no event more than 4,250 55-gallon drums of transuranic radioactive
waste or  1/2  of 1 percent of the total capacity of WIPP as described in
section 7(a), whichever is less.
(2) REMOTE-HANDLED WASTE-
(A) TRANSPORTATION AND EMPLACEMENT- The Secretary may not transport to or
emplace remote-handled transuranic radioactive waste at WIPP during the
test phase.
(B) STUDY-
(i) IN GENERAL- Within 2 years after the date of the enactment of this
Act, the Secretary shall complete a study on remote-handled transuranic
radioactive waste in consultation with affected States, the Administrator,
and after the solicitation of views of other interested parties.
(ii) REQUIREMENTS OF STUDY- Such study shall include an analysis of the
impact of remote-handled transuranic radioactive waste on the performance
assessment of WIPP and a comparison of remote-handled transuranic radioactive
waste with contact-handled transuranic radioactive waste on such issues
as gas generation, flammability, explosivity, solubility, and brine and
geochemical interactions.
(iii) PUBLICATION- The Secretary shall publish the findings of such study
in the Federal Register.
(iv) REVISION- Unless such study finds that remote-handled transuranic
radioactive waste requires no additional precautions for disposal in
WIPP, the Secretary shall revise the test phase plan to require testing
of remote-handled transuranic radioactive waste subject to subparagraph (A).
(3) ANNUAL CERTIFICATIONS OF RETRIEVABILITY- Beginning 1 year after the
initial emplacement of transuranic radioactive waste underground at WIPP
under subsection (a), and continuing annually throughout the test phase,
the Secretary shall certify and the Administrator shall concur that all
waste emplaced underground at WIPP remains and will remain fully retrievable
during the test phase.
(4) STABILITY OF ROOMS USED FOR TESTING- Transuranic radioactive waste
may be emplaced in mined rooms in the underground repository at WIPP to
conduct test phase activities only after the Secretary of Labor, acting
through the Mine Safety and Health Administration, has certified to the
Secretary of Energy that such rooms will remain sufficiently stable and
safe to permit uninterrupted testing for the duration of such activities.
(5) COMPLIANCE WITH DISPOSAL STANDARDS- If, upon the expiration of the
10-year period beginning on the date of the enactment of this Act, the
Administrator has not certified under section 9(c)(1)(B) that the WIPP
facility will comply with the disposal standards--
(A) the Secretary or the Secretary of the Interior, as appropriate, shall
implement the retrieval plan under section 5(c) and the decommissioning
and post-decommissioning plans under section 11; and
(B) following implementation of such plans, the land withdrawal made by
section 3(a) shall terminate.

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(a) CAPACITY OF WIPP FACILITY- The Secretary may dispose of not more than
5.6 million cubic feet of contact-handled transuranic radioactive waste and
95,000 cubic feet of remote-handled transuranic radioactive waste in WIPP.
(b) COMMENCEMENT OF DISPOSAL OPERATIONS- The Secretary may commence
emplacement of transuranic radioactive waste underground for disposal at
WIPP only upon completion of--
(1) the Administrator's certification under section 9(c)(1)(B) that the
WIPP facility will comply with the disposal standards;
(2) the submission to the Congress by the Secretary and the Secretary
of the Interior, respectively, of plans for decommissioning WIPP and
post-decommissioning management of the Withdrawal under section 11;
(3) the expiration of the 180-day period beginning on the date on which
the Secretary notifies the Congress that all permits and certifications
required for disposal operations to begin have been received;
(4) Nuclear Regulatory Commission certification as described in section
14(a) of a container for transporting remote-handled transuranic radioactive
waste to WIPP;
(5) the acquisition by the Secretary (whether by purchase, condemnation,
or otherwise) of Federal Oil and Gas Leases No. NMNM 02953 and No. NMNM
02953C, unless the Administrator determines pursuant to the authority under
section 9(a), 9(b), or 9(c) of this Act and section 3004 of the Solid Waste
Disposal Act (42 U.S.C. 6924) that such acquisition is not required; and
(6) the submittal to the Congress by the Secretary of comprehensive
recommendations for the disposal of all transuranic radioactive waste under
the control of the Secretary, including a timetable for the disposal of
such waste.

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The Administrator shall issue, not later than 6 months after the date of
the enactment of this Act, final environmental standards for the disposal
of spent nuclear fuel, high-level radioactive waste, and transuranic
radioactive waste.

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(a)  MANAGEMENT AND STORAGE; CLEAN AIR; HAZARDOUS WASTE-
(1) APPLICABILITY- The Secretary shall, during the test phase, the operations
phase, and the decommissioning phase, comply with respect to WIPP, with--
(A) the Environmental Protection Agency standards for the management and
storage of spent nuclear fuel, high-level radioactive waste, and transuranic
radioactive waste described in subpart A of part 191 of title 40, Code of
Federal Regulations;
(B) the Clean Air Act (40 U.S.C. 7401 et seq.);
(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(D) title XIV of the Public Health Service Act (the Safe Drinking Water Act)
(42 U.S.C. 300f et seq.);
(E) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
(F) the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.);
(G) all regulations promulgated under the laws described in subparagraphs
(B) through (F); and
(H) all other applicable Federal laws (and regulations promulgated
thereunder) pertaining to public health and safety or the environment and
all applicable State and local laws (and regulations promulgated thereunder)
pertaining to public health and safety or the environment.
(2) PERIODIC OVERSIGHT BY ADMINISTRATOR AND STATE OF NEW MEXICO- The
Secretary shall, not later than 2 years after the date of the enactment of
this Act, and biennially thereafter, submit documentation of continued
compliance with the laws, regulations, and standards described in
subparagraphs (A), (B), (D), (E), (F), (G), and (H) of paragraph (1),
to the Administrator, and with the law described in paragraph (1)(C)
and any regulations promulgated thereunder, to the State of New Mexico.
(3) CONCURRENCE OF ADMINISTRATOR- The Administrator by rule pursuant to
chapter 5 of title 5, United States Code, or the State of New Mexico,
as appropriate, shall determine not later than 6 months after receiving
a submission under paragraph (2) whether the Secretary is in compliance
with the laws, regulations, and standards described in paragraph (1)
with respect to WIPP.
(b) DETERMINATION OF NONCOMPLIANCE DURING TEST PHASE-
(1) DETERMINATION BY ADMINISTRATOR- If the Administrator determines at
any time during the test phase that--
(A) the WIPP facility will not comply with the disposal standards under
subsection (c)(1)(B);
(B) the Secretary is not conducting test phase activities involving
underground emplacement of transuranic radioactive waste in a manner that
allows the waste to be readily retrieved as required by condition (4)
of the no-migration determination described at page 47,720 of volume 55,
No. 220 of the Federal Register, on November 14, 1990;
(C) conditions at the WIPP facility do not allow the waste to be readily
retrieved as required by such condition; or
(D) the WIPP facility does not comply with any law, regulation, or standard
described in subsection (a)(1);
the Administrator shall request a remedial plan from the Secretary describing
actions the Secretary will take to comply with such regulatory requirements.
(2) DETERMINATION BY STATE- If the State of New Mexico determines at any
time during the test phase that the Secretary has not complied with the
standards applicable to owners and operators of hazardous waste, treatment,
storage, and disposal facilities under section 3004 of the Solid Waste
Disposal Act (42 U.S.C. 6924) with respect to activities at WIPP, the State
of New Mexico shall request a remedial plan from the Secretary describing
actions the Secretary will take to comply with such regulatory requirements.
(3) IMPLEMENTATION OF RETRIEVAL PLAN- If a remedial plan is not received
from the Secretary within 6 months of a determination of noncompliance
with a regulatory requirement described in paragraph (1) or (2), or if
the Administrator or the State of New Mexico, as appropriate, finds any
such remedial plan to be inadequate to demonstrate compliance with such
regulatory requirement--
(A) the Secretary or the Secretary of the Interior, as appropriate, shall
implement the retrieval plan under section 5(c) and the decommissioning
and post-decommissioning plans under section 11; and
(B) following implementation of such plans, the land withdrawal made by
section 3(a) shall terminate.
(c) DISPOSAL STANDARDS-
(1) REQUIREMENTS FOR COMMENCEMENT OF DISPOSAL- Before any transuranic
radioactive waste may be emplaced underground at WIPP for disposal under
section 7(b)--
(A) the Secretary shall have submitted sufficient documentation to the
Administrator to demonstrate that the WIPP facility will comply with the
disposal standards; and
(B) the Administrator shall have certified by rule pursuant to chapter 5
of title 5, United States Code, that the WIPP facility will comply with
the disposal standards.
(2) PERIODIC RECERTIFICATION-
(A) BY SECRETARY- During the period beginning 2 years after the initial
receipt of transuranic radioactive waste for disposal at WIPP and ending
at the end of the decommissioning phase, the Secretary shall biennially
demonstrate that the WIPP facility will comply with the disposal standards
and submit documentation of such demonstration to the Administrator.
(B) CONCURRENCE OF ADMINISTRATOR- The Administrator shall, not later than
6 months after receiving a submission under subparagraph (A), determine
whether or not the WIPP facility will comply with the disposal standards.
(3) LIMITATION- Any determination of the Administrator under paragraph
(1)(B) or (2)(B) may only be made after the documentation is submitted to
the Administrator under paragraph (1)(A) or (2)(A), respectively.
(4) ENGINEERED AND NATURAL BARRIERS- The Secretary shall use both engineered
and natural barriers at WIPP to isolate transuranic radioactive waste
after disposal to the extent necessary to comply with the disposal standards.
(d) DETERMINATION OF NONCOMPLIANCE DURING OPERATIONS PHASE AND
DECOMMISSIONING PHASE-
(1) REMEDIAL PLANS-
(A) MANAGEMENT AND STORAGE; CLEAN AIR; HAZARDOUS WASTE- If, during the
operations phase or decommissioning phase, the Administrator, or the
State of New Mexico, as appropriate, determines after any submission under
subsection (a)(2), that the Secretary has not demonstrated compliance with
any regulatory requirement described in such subsection, the Administrator,
or the State of New Mexico, as appropriate, shall request a remedial plan
from the Secretary describing actions the Secretary will take to demonstrate
compliance with such regulatory requirement.
(B) DISPOSAL STANDARDS- If, during the operations phase or decommissioning
phase, the Administrator determines under subsection (c)(2)(B), that the WIPP
facility will not comply with the disposal standards, the Administrator shall
request a remedial plan from the Secretary describing actions the Secretary
will take to demonstrate that the facility will comply with such standards.
(2) CONSEQUENCES OF NONCOMPLIANCE DURING OPERATIONS PHASE OR DECOMMISSIONING
PHASE- If a plan is not received from the Secretary within 6 months of a
determination of noncompliance with a regulatory requirement described in
paragraph (1)(A) or (1)(B), or the Administrator or the State of New Mexico,
as appropriate, finds any such plan inadequate to demonstrate compliance
with such regulatory requirement--
(A) the Secretary shall retrieve, to the extent practicable, any transuranic
radioactive waste and any material contaminated by such waste from
underground at WIPP;
(B) the Secretary or the Secretary of the Interior, as appropriate, shall
implement the decommissioning and post-decommissioning plans under section
11; and
(C) following completion of such retrieval and implementation of such plans,
the land withdrawal made by section 3(a) shall terminate.
(e) ISSUANCE OF REGULATIONS- The Administrator shall issue regulations not
later than 6 months after the date of the enactment of this Act governing
the approval of a test phase plan under section 5(b), periodic oversight
under subsection (a)(2), the certification and recertification processes
under subsections (c)(1)(B) and (c)(2)(B), respectively, and the retrieval
process required under subsection (d)(2). Such regulations shall provide
opportunities for public participation in such processes.
(f) SAVINGS PROVISION- The authorities provided to the Administrator and
the State pursuant to this section are in addition to the enforcement
authorities available to the State pursuant to State law and to the
Administrator, the State, and any other person, pursuant to the Solid
Waste Disposal Act and the Clean Air Act.

9cdb81f0ccc3c1bc687597fb19c5fa915c23ed95dbf937c9ebf83081a60443b0

The Secretary may not transport high-level radioactive waste or spent
nuclear fuel to WIPP or emplace or dispose of such waste or fuel at WIPP.

8fea3dc7759c55d8d239bcae533ca00f296fa4747da7daad604e4bde9ee53a92

(a) PLAN FOR WIPP DECOMMISSIONING- Within 5 years after the date of the
enactment of this Act, the Secretary shall submit to the Committees on Armed
Services and Energy and Natural Resources of the Senate; the Committees on
Armed Services, Energy and Commerce, and Interior and Insular Affairs of
the House of Representatives; the State of New Mexico; the Secretary of the
Interior; and the Administrator a plan to be implemented by the Secretary for
decommissioning WIPP. In addition to activities required under the Agreement,
the plan shall conform to the disposal standards that apply to WIPP at the
time the plan is prepared. The Secretary shall consult with the Secretary
of the Interior and the State of New Mexico in the preparation of such plan.
(b) MANAGEMENT PLAN FOR THE WITHDRAWAL AFTER DECOMMISSIONING- Within 5 years
after the date of the enactment of this Act, the Secretary of the Interior
shall develop a plan to be implemented by the Secretary of the Interior for
the management and use of the Withdrawal following the decommissioning of
WIPP and the termination of the land withdrawal made by section 3(a). The
Secretary of the Interior shall consult with the Secretary and the State
of New Mexico in the preparation of such plan and shall submit such plan
to the Committee on Energy and Natural Resources of the Senate and the
Committees on Interior and Insular Affairs and Energy and Commerce of the
House of Representatives.

84cfaa3ef00b4faee03349afe17493a59d12034cc83d45569982f51e2d9f1dc9

No provision of this Act may be construed to supersede or modify the
provisions of the Clean Air Act (42 U.S.C. 7401 et seq.) or the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).

86c72735189306ee2bae1775c4ad56a3a80c1b91e37873edd38e1464478f9f93

(a) IMPACT ASSISTANCE PAYMENTS-
(1) IN GENERAL- The Secretary may, to such extent and for such amounts as
are provided in advance in appropriation Acts, provide payments to the State
of New Mexico to assist the State and its affected units of local government
in mitigating the potential environmental, social, transportation, economic
and other impacts resulting from WIPP. Payments under this paragraph--
(A) may not, in the aggregate, exceed $40,000,000; and
(B) shall be made from the $40,000,000 appropriated under Public Law 102-27
(105 Stat. 130, 141) and the Energy and Water Development Appropriations
Act, 1992 (Pub. L. 102-104; 105 Stat. 510, 529).
(2) PAYMENTS TO LOCAL GOVERNMENTS- A portion of all payments received by
the State of New Mexico under paragraph (1) shall be provided directly to
the affected units of local government in the vicinity of, and along the
transportation routes to, WIPP. The portion of payments provided to local
governments, the identification of local governments to receive payments,
and the amount of payment to each local government shall be based on a
State assessment of needs, conducted in consultation with affected units
of local government and based upon the demonstration of local impacts by
the affected local governments.
(3) MEDICAL EMERGENCY PREPAREDNESS PAYMENTS TO LOCAL GOVERNMENTS- A portion
of all payments received by the State of New Mexico under paragraph (1) shall
be used for the equipment and training needs of the health care community
for purposes of responding to emergencies arising from the operation of
WIPP or the transportation of transuranic radioactive waste to WIPP.
(4) ECONOMIC IMPACT MONITORING FUNCTION- A portion of all payments received
by the State of New Mexico under paragraph (1) shall be used to establish a
Socioeconomic Impact Monitoring Group within the Waste Management Education
and Research Consortium to undertake an annual review of activities at WIPP.
(b) WIPP-RELATED BUSINESS AND EMPLOYMENT OPPORTUNITIES- To the maximum
extent practicable, the Secretary shall continue to encourage business
and employment opportunities related to WIPP that may be conducive to
the economy of the State of New Mexico, especially Lea and Eddy counties,
and report annually to the State of New Mexico on these activities.

cd1f9c6023061b9815aa00f3914af3c792835cb94de4b658a74ede9b861157f2

(a) SHIPPING CONTAINERS- No transuranic radioactive waste may be transported
by or for the Secretary to or from WIPP, except in packages that have been
certified for the transportation of transuranic radioactive waste by the
Nuclear Regulatory Commission and have satisfied the Nuclear Regulatory
Commission's quality assurance provisions.
(b) ACCIDENT PREVENTION AND EMERGENCY PREPAREDNESS-
(1) TRAINING-
(A) IN GENERAL- In addition to activities required pursuant to the December
27, 1982, Supplemental Stipulated Agreement, the Secretary shall provide
technical assistance for the purpose of training public safety officials,
and other emergency responders as described in part 1910.120 of title 29,
Code of Federal Regulations, in any State or Indian tribe through whose
jurisdiction the Secretary plans to transport transuranic radioactive
waste to or from WIPP. Within 30 days of the date of the enactment of this
Act, the Secretary shall submit a report to the Committee on Energy and
Natural Resources of the Senate and the Committees on Interior and Insular
Affairs and Energy and Commerce of the House of Representatives and to the
States and Indian tribes through whose jurisdiction the Secretary plans to
transport transuranic radioactive waste on the training provided through
fiscal year 1992.
(B) ONGOING TRAINING- If determined by the Secretary, in consultation
with affected States and Indian tribes, to be necessary and appropriate,
training described in subparagraph (A) shall continue after the date of
the enactment of this Act until the transuranic radioactive waste shipments
to or from WIPP have been terminated.
(C) REVIEW OF TRAINING- The Secretary shall periodically review the training
provided pursuant to subparagraph (A) in consultation with affected States
and Indian tribes.
(D) COMPONENTS OF TRAINING- The training provided pursuant to subparagraph
(A) shall cover procedures required for the safe routine transportation
of transuranic radioactive waste, as well as procedures for dealing with
emergency response situations, including--
(i) instruction of government officials and public safety officers in
procedures for the command and control of the response to any incident
involving the waste;
(ii) instruction of emergency response personnel in procedures for the
initial response to an incident involving transuranic radioactive waste
being transported to or from WIPP;
(iii) instruction of radiological protection and emergency medical personnel
in procedures for responding to an incident involving transuranic radioactive
waste being transported to or from WIPP; and
(iv) a program to provide information to the public about the transportation
of transuranic radioactive waste to or from WIPP.
(2) EQUIPMENT- The Secretary may enter into agreements to assist States
through contributions in-kind, in acquiring equipment for response to an
incident involving transuranic radioactive waste transported to or from WIPP.
(c) SANTA FE BYPASS- No transuranic radioactive waste may be transported
from the Los Alamos National Laboratory to WIPP until--
(1) all of the funds necessary for the cost of construction of the Santa Fe
bypass have been appropriated by the Congress or the State of New Mexico; or
(2) the Santa Fe bypass has been completed.
(d) STUDY OF TRANSPORTATION ALTERNATIVES-
(1) IN GENERAL- The Secretary shall conduct a study comparing the shipment
of transuranic radioactive waste to the WIPP facility by truck and by rail,
including the use of dedicated trains, and shall submit a report on the
study in accordance with paragraph (2). Such report shall include--
(A) a consideration of occupational and public risks and exposures, and
other environmental impacts;
(B) a consideration of emergency response capabilities;
(C) an estimation of comparative costs; and
(D) findings and recommendations with respect to--
(i) the most appropriate routes for transporting transuranic radioactive
waste to WIPP based on the foregoing considerations; and
(ii) necessary or appropriate measures to minimize the potential risks to
public health and safety and the environment of transporting transuranic
radioactive waste along such routes, taking into consideration weather,
other natural conditions or hazards, and other relevant criteria.
(2) IMPLEMENTATION OF STUDY RECOMMENDATIONS- The Secretary, in consultation
with affected States and Indian tribes, shall implement the recommendations
made under paragraph (1)(D) to the extent practicable. The Secretary shall
certify such implementation to the Congress prior to the transportation
of transuranic radioactive waste to WIPP for disposal.
(3) REPORT- The report required in paragraph (1) and the certification
required in paragraph (2) shall be submitted to the Speaker of the House
of Representatives and the President pro tempore of the Senate not later
than July 1, 1993.
(4) FUNDING- Of appropriated amounts described in section 13(a)(1)(B),
the Secretary shall use an amount not to exceed $300,000 to carry out the
study required under this subsection.

b1b1e129dba439639eac1a0d66d4137cf4899340795438bffc81bc186d02ecf9

(a) ACCESS TO DATA, REPORTS AND MEETINGS- The Secretary shall--
(1) provide the EEG with free and timely access to data relating to WIPP
produced or obtained by the Secretary or contractors of the Secretary;
(2) provide the EEG with preliminary reports relating to WIPP; and
(3) permit the EEG to attend meetings relating to WIPP with expert panels,
peer review groups, and appropriate Federal agencies.
(b) EVALUATION AND PUBLICATION- The EEG may evaluate and publish analyses of
the Secretary's plans for test phase activities, monitoring, transportation,
operations, decontamination, retrieval, performance assessment, compliance
with Environmental Protection Agency standards, decommissioning, safety
analyses, and other activities relating to WIPP.
(c) CONSULTATION AND COOPERATION- The Secretary shall consult and cooperate
with the EEG in carrying out the requirements of this section.

410b7490530eb116a75966945ce89f8f91447db5801b09a812ef0d26c122b8bb

(a) FOR ADMINISTRATOR-
(1) IN GENERAL- There are authorized to be appropriated to the Administrator
for the purpose of fulfilling the responsibilities of the Administrator
under this Act, $10,000,000 for fiscal year 1992, $12,000,000 for fiscal
year 1993, $14,000,000 for fiscal year 1994, and such sums as may be
necessary for fiscal years 1995 through 2001.
(2) REPORT- The Administrator shall, not later than September 30, 1993,
and annually thereafter, issue a report to the Committees on Interior and
Insular Affairs and Energy and Commerce of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate on the
status of and resources required for the fulfillment of the Administrator's
responsibilities under this Act.
(b) TRANSFERS FROM SECRETARY TO ADMINISTRATOR AND MSHA- The Secretary
is authorized to transfer from amounts appropriated for environmental
restoration and waste management for fiscal years 1992 and 1993, and (to the
extent approved in appropriation Acts) for fiscal years 1994 through 2001,
such sums as may be useful for the purpose of assisting in the fulfillment
of the responsibilities of the Administrator under this Act and the Mine
Safety and Health Administration under section 6(c)(4).
(c) ACQUISITION OF LEASEHOLD- There are authorized to be appropriated
to the Secretary such sums as may be necessary to acquire the 1,600 acre
potash leasehold within the Withdrawal, comprising a portion of Federal
Potash Lease No. NM 0384584, and the Federal Oil and Gas Leases No. NMNM
02953 and No. NMNM 02953C.

a1ccfac5a83b0deb650536258de1241bb0f4938a0d3a878f71104be9c67d7b5a

(a) COMPLIANCE WITH BUY AMERICAN ACT- No funds appropriated or transferred
pursuant to this Act may be expended by an entity unless the entity agrees
that in expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known
as the `Buy American Act').
(b) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS-
(1) IN GENERAL- In the case of any equipment or product that may be
authorized to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving the assistance
should, in expending the assistance, purchase only American-made equipment
and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial assistance
under this Act, the Secretary shall provide to each recipient of the
assistance a notice describing the statement made in paragraph (1) by
the Congress.
Amend the title so as to read: `An Act to withdraw and for the Waste
Isolation Pilot Plant, and for other purposes.'.
Attest:
Clerk.
S 1671 EAH----2
S 1671 EAH----3
S 1671 EAH----4

9f9c27341075966a327c72b8797c1bff8a858f8c831dc81b1550c31f741e8184

Waste Isolation Pilot Plant Land Withdrawal Act of 1991 — S. 1671

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