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S 1671 - 102

Waste Isolation Pilot Plant Land Withdrawal Act

Became Public Law No: 102-579.

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Summary

48 Conference report filed in House Apr 18, 2002

Waste Isolation Pilot Plant Land Withdrawal Act - Withdraws specified lands in the State of New Mexico from all forms of entry, appropriation, and disposal under the public land laws (including mineral and geothermal leasing, material sale, and mining laws). Transfers jurisdiction over the withdrawn lands to the Secretary of Energy (Secretary). Reserves their use by the Secretary for authorized activities associated with Waste Isolation Pilot Plant (WIPP) project purposes set forth in the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980. Revokes specified public land orders made inconsistent by this Act. Confers management responsibility upon the Secretary for such lands' withdrawal, and directs the Secretary to: (1) consult with the Secretary of the Interior and the State of New Mexico in discharging such responsibility; and (2) develop and submit to the Congress and the State of New Mexico a management plan for the use of withdrawn lands until the end of the decommissioning phase. Gives WIPP-related uses of the withdrawn lands priority over non-WIPP-related uses. Prescribes guidelines for grazing, hunting and trapping, disposal of salt tailings, and oil and gas production. Proscribes any form of mining (including slant drilling from outside boundaries) on any withdrawn lands. Authorizes the Secretary to close withdrawn lands to the public for health and safety or common defense and security reasons. Requires the Secretary to prepare and submit to the Administrator of the Environmental Protection Agency (EPA) for review a plan for: (1) conducting test phase activities at WIPP to demonstrate compliance with applicable disposal requirements; and (2) removing transuranic waste emplaced at WIPP during such testing should removal of such waste be required. Conditions plan approval by the EPA Administrator upon the meeting of specified standards. Sets forth requirements and limitations with respect to test phase activities at WIPP. Requires the Secretary to study remote-handled transuranic waste and its impact upon WIPP performance assessment. Requires the Secretary to publish biennially a performance assessment report on WIPP's performance during such testing. Requires such report to be provided to the State of New Mexico, the EPA Administrator, the National Academy of Sciences, and the WIPP Environmental Evaluation Group (EEG) for their review and comment. Sets forth requirements and limitations with respect to transuranic waste disposal operations at WIPP. Provides for the reinstatement of certain EPA disposal regulations. Requires the EPA Administrator to issue final disposal regulations and final criteria for the Administrator's certification of compliance with such regulations after the enactment of this Act. Requires the Secretary to comply at WIPP with such final disposal regulations within a specified period after WIPP's first receipt of transuranic waste. Requires the following if the EPA Administrator does not certify the WIPP facility's compliance with such regulations: (1) removal of transuranic waste emplaced underground at WIPP and the decommissioning of WIPP; and (2) termination of the land withdrawal. Provides for periodic recertification of WIPP compliance with such final disposal regulations until WIPP has been decommissioned. Requires the Secretary to use both engineered and natural barriers and waste form modifications at WIPP to isolate transuranic waste after disposal to the extent necessary to comply with final disposal regulations. Requires the Secretary to: (1) comply with all applicable environmental protection laws and regulations and public health and safety laws with respect to WIPP; and (2) submit biennially to the EPA Administrator and the State of New Mexico documentation of continued compliance with their regulatory requirements. Sets forth requirements with respect to the retrievability of transuranic waste emplaced underground at WIPP. Requires periodic inspections of WIPP by the Mine Safety and Health Administration. Requires the Administration to provide the results of its inspections to the Secretary for appropriate action. Requires the Bureau of Mines to prepare an annual evaluation of the safety of WIPP. Prohibits the Secretary from transporting high-level radioactive waste or spent nuclear fuel to WIPP or to emplace or dispose of such waste or fuel at WIPP. Requires the Secretary to: (1) submit to the Congress, the State of New Mexico, the Secretary of the Interior, and the EPA Administrator a plan for the decommissioning of WIPP; and (2) submit to the Congress a plan for the management and use of withdrawn lands following WIPP's decommission or the termination of the land withdrawal. Authorizes appropriations to the Secretary for impact assistance and other payments for the State of New Mexico and affected units of local government. Prohibits transuranic waste from being transported by or for the Secretary to or from WIPP except in packages that have been certified by the Nuclear Regulatory Commission and have satisfied its quality assurance requirements. Requires the Secretary to: (1) provide advance notification to the States and Indian tribes through whose jurisdiction the Secretary plans to transport transuranic waste to or from WIPP; (2) provide technical assistance and funds for accident prevention and emergency preparedness training of public safety officials in any such State or Indian tribe; (3) report to the Congress and affected States and Indian tribes on the training provided; (4) periodically review such training; (5) enter into agreements to assist States in acquiring equipment for response to an incident involving transuranic waste transported to or from WIPP; and (6) provide assistance to any such State or Indian tribe for the purpose of WIPP-specific transportation safety programs. Prohibits transportation of transuranic waste from the Los Alamos National Laboratory to WIPP until the Sante Fe bypass has been completed, funds for its construction have been made available to the State, or the EPA Administrator has certified the WIPP facility's compliance with final disposal regulations. Requires the Secretary to study and report to the Congress on the shipment of transuranic waste to the WIPP facility. Provides that if the Secretary determines that emergency response medical training for incidents involving transuranic waste being transported to or from WIPP is inadequate, the Secretary shall take immediate action to correct the inadequacies and, if necessary, suspend transportation of such waste. Requires the Secretary to: (1) provide the State, the National Academy of Sciences, and the EEG with free and timely access to data relating to the health, safety, or environmental issues at WIPP; (2) provide the State and the EEG with preliminary reports relating to health, safety, or environmental issues at WIPP; and (3) to the extent practicable, permit the State and the EEG to attend meetings relating to health, safety, or environmental issues at WIPP with expert panels and peer review groups. Provides for judicial review of final EPA actions. Requires the Secretary to submit to the Congress a study reviewing the technologies for processing radioactive wastes. Conditions the expenditure of funds under this Act upon the recipient's agreement to comply with the provisions of the Buy American Act. Expresses the sense of the Congress that such recipients should purchase only American-made equipment and products. Directs the Secretary to notify each recipient of this expectation. Authorizes appropriations to the Administrator through FY 2001 to fulfill his or her responsibilities under this Act. Requires the Administrator to submit annual status reports to the Congress. Authorizes the Secretary to transfer sums from amounts appropriated for environmental restoration and waste management as may be necessary to fulfill the responsibilities of the EPA Administrator and the Secretary under this Act. Authorizes appropriations to the Secretary to acquire certain Federal oil and gas leases.

36 Passed House amended Apr 18, 2002

Waste Isolation Pilot Plant Land Withdrawal Act - Withdraws specified lands in New Mexico from all forms of entry, appropriation, and disposal under the general land laws (including mineral leasing, geothermal, material sale, and mining laws). Reserves the withdrawn lands for use by the Secretary of Energy for conducting test phase activities, and for authorized activities associated with Waste Isolation Pilot Plant project (WIPP) purposes set forth in the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (thus making the land withdrawal permanent). Revokes specified public land orders made inconsistent by this Act. Confers management responsibility upon the Secretary of the Interior for such lands' withdrawal, and directs him to: (1) consult with the Secretary of Energy and the State of New Mexico in discharging such responsibilities; and (2) develop and submit to the State of New Mexico and certain congressional committees a management plan for the use of the Withdrawal until the end of the decommissioning phase. States that WIPP-related uses of the Withdrawal shall take priority over other non-WIPP related uses. Prescribes grazing, hunting and trapping guidelines. Directs the Secretary of the Interior to dispose of salt tailings extracted from the Withdrawal that the Secretary of Energy determines are not needed for backfill at WIPP. Proscribes any form of mining (including slant drilling from outside boundaries) on any Withdrawal lands. Authorizes the Secretary of Energy to close Withdrawal lands to the public for health and safety, or common defense and security reasons. Requires the Secretary of Energy (Secretary) to review annually (and revise as necessary) the WIPP Test Phase Plan to ensure that all proposed activities are necessary to demonstrate that the WIPP facility will comply with final disposal standards. Conditions the plan's approval by the Administrator of the Environmental Protection Agency (EPA) upon a determination that the plan's proposed activities are necessary to demonstrate that the WIPP facility is in compliance with EPA disposal standards. Requires the Secretary to submit for the Administrator's review a detailed retrieval plan to be implemented by the Secretary in the event of noncompliance during the test phase with disposal standards of this Act, or certain hazardous waste regulations. Requires such plan to include specific plans for the interim management and storage of removed waste, including storage location. Mandates that the test phase plan and retrieval plan be submitted by the Secretary to the State of New Mexico for its review. Provides for conflict resolution procedures if the State of New Mexico disagrees with any plan aspect. Requires the Secretary to fully characterize all transuranic radioactive waste types at all sites from which wastes are to be shipped to WIPP. Requires characterization results to be reflected in test phase plan revisions as a prerequisite to the Administrator's certification. Sets forth requirements and limitations with respect to test phase activities, including the requirement that the Secretary of Labor review and certify that Department of Energy (DOE) emergency response training programs applicable to WIPP comply with specified Federal regulations. Limits the quantity of waste the Secretary may transport to WIPP to the lesser of: (1) 4,250 55-gallon drums; or (2) one-half of one percent of WIPP total capacity. Prohibits the transportation of, or emplacement at WIPP of, remote-handled transuranic radioactive waste during the test phase. Directs the Secretary to study remote-handled transuranic radioactive waste and its impact upon WIPP performance assessment. Requires the Secretary to submit annual certifications that all waste emplaced underground at WIPP remains fully retrievable during the test phase. Conditions the emplacement of transuranic radioactive waste in mined rooms in the underground repository at WIPP to conduct test phase activities upon certification by the Secretary of the Interior that such rooms will remain stable and safe to permit uninterrupted testing for the duration of such activities. Requires that, if the Administrator has not certified by a specified deadline that the WIPP facility will comply with the disposal standards, either the Secretary of Energy or the Secretary of the Interior implement the retrieval plan and the decommissioning and post-decommissioning plans provided for in this Act. Sets forth guidelines for disposal operations involving remote-handled and contact-handled transuranic radioactive waste in WIPP. Limits disposal to: (1) 5,600,000 cubic feet of contact-handled waste; and (2) 95,000 cubic feet of remote-handled waste. Directs the EPA Administrator to issue final environmental standards for the disposal of spent fuel, high-level, and transuranic radioactive waste. Directs the Secretary to: (1) comply with all applicable environmental protection and public health and safety laws during the testing, operations, and decommissioning phases with respect to WIPP; and (2) submit biennially to the State of New Mexico documentation of continued compliance with its regulatory requirements (and with those of the Administrator). Sets forth requirements for underground emplacement at WIPP of transuranic radioactive waste. Directs the Secretary to use both engineered and natural barriers at WIPP to isolate transuranic radioactive waste after disposal. Prescribes procedures for requiring a remedial plan or retrieval of waste in the event of the Secretary's noncompliance with regulatory requirements during the operations and decommissioning phases. Prohibits the Secretary from transporting high-level radioactive waste or spent nuclear fuel to WIPP, or emplacing or disposing of them at WIPP. Directs the Secretary to submit a WIPP decommissioning plan to specified congressional committees, the Administrator, the State of New Mexico, and the Secretary of the Interior. Directs the Secretary of the Interior to develop a post-decommissioning management and use plan for the Withdrawal. Provides for impact assistance payments and payments to local governments (including medical emergency preparedness payments). Requires the use of a portion of all payments received by New Mexico to establish a Socioeconomic Impact Monitoring Group within the Waste Management Education and Research Consortium to undertake an annual review of WIPP activities. Directs the Secretary to encourage WIPP-related business and employment opportunities conducive to the economy of New Mexico, and to report annually to the State on such activities. Prohibits WIPP-related transuranic radioactive waste transportation except in packages that have been certified by the Nuclear Regulatory Commission and have satisfied its quality assurance provisions. Directs the Secretary to provide training and technical assistance for accident prevention and emergency management to any State or Indian tribe through whose jurisdiction DOE will transport WIPP-related transuranic radioactive waste during the Withdrawal period. Proscribes the transportation of transuranic radioactive waste from the Los Alamos National Laboratory until the Santa Fe bypass has been completed, or funds for its construction have been appropriated. Directs the Secretary to study and report to the Congress on a comparison of the shipment of transuranic radioactive waste to the WIPP by truck and by rail. Requires such report to include findings and recommendations regarding: (1) the most appropriate transuranic radioactive waste transportation routes to WIPP; and (2) measures to minimize potential risks to public health, safety, and the environment along such routes. Directs the Secretary to: (1) implement such recommendations in consultation with affected States and Indian tribes; and (2) certify such implementation to the Congress before transporting transuranic waste to WIPP for disposal. Allocates specified sums for such study from DOE research and development appropriations. Requires the Secretary to grant the Environmental Evaluation Group (EEG) access to WIPP-related data, reports and meetings. Authorizes the EEG to evaluate and publish analyses of the Secretary's WIPP-related activities. Directs the Secretary to consult and cooperate with the EEG in implementing this Act. Authorizes appropriations to the Administrator through FY 2001 to fulfill his or her responsibilities under this Act. Requires the Administrator to submit annual status reports to certain congressional committees. Authorizes the Secretary of Energy to transfer sums from amounts appropriated for environmental restoration and waste management to assist the Administrator to fulfill his responsibilities under this Act and the Mine Safety and Health Administration. Authorizes appropriations for acquisition of a specified potash leasehold within the Withdrawal. Conditions the expenditure of funds under this Act upon the recipient's agreement to comply with the provisions of the Buy American Act. Expresses the sense of the Congress that such recipients should purchase only American-made equipment and products. Directs the Secretary to notify each recipient of this expectation.

35 Passed Senate amended Apr 18, 2002

Waste Isolation Pilot Plant Land Withdrawal Act of 1991 - Withdraws from all forms of entry, sale, and disposal under the public land laws and from all forms of appropriation and operation under mining and mineral leasing laws the public lands in Eddy County, New Mexico, which surround the Waste Isolation Pilot Plant (WIPP) (a Department of Energy (DOE) research and development facility authorized to demonstrate the safe disposal of defense radioactive waste). Describes the lands to be withdrawn (WIPP site). Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy (Secretary) responsible for management of the WIPP site. Requires the Secretary to develop a management plan requiring any use of such site to be subject to conditions that may be necessary to permit the conduct of WIPP activities, and subject to the purposes of WIPP (as set forth in the Department of Energy Authorization Act of 1980 and this Act). Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, according to prescribed guidelines. Authorizes the Secretary to close to the public any portion of such site to protect the health and safety of the public or the common defense. Bars surface or subsurface mining unrelated to WIPP on or under the WIPP site, including after decommissioning. Requires the Secretary of the Interior to undertake a study of any effects of specified oil and gas leases on activities to be conducted at the WIPP site, including recommendations as to the advisability of negotiating an exchange of the leases for other Federal oil and gas leases outside the WIPP site, or canceling the leases. Directs the Secretary of the Interior to submit recommendations to the Secretary and the State of New Mexico (the State) prior to the conclusion of the experimental program provided for in this Act. Sets forth additional requirements. Directs the Secretary to submit the management plan to appropriate congressional committees and the State. Authorizes the Secretary to implement an experimental program involving transuranic waste (TW) at WIPP, subject to specified requirements. Directs the Secretary: (1) in consultation with the State, the Administrator of the Environmental Protection Agency (EPA), the National Academy of Sciences, and the WIPP Environmental Evaluation Group (referred to in the National Defense Authorization Act, Fiscal Year 1989) (EEG), to prepare a proposal for such program; (2) to give notice in the Federal Register of the availability of, and provide an opportunity for public access to, such proposal; and (3) to prepare a proposal for any modification to the experimental program that involves any material change in the nature of the experiments involving TW at WIPP. Requires that the proposal or any proposed modification include detailed information on experiments to determine the rate, and evaluate the impact, of gas generation and waste solubility on WIPP, experiments to aid in the assessment of compliance with the disposal regulations, and such other experiments as necessary to ensure the protection of the public health and safety and the environment. Sets forth additional provisions regarding: (1) proposal contents, requirements, and submission; (2) review of proposals or proposed modification; (3) proposal evaluation; (4) conflict resolution; (5) modifications to the experimental plan affecting the limitation on volume; (6) process for prior review of the proposal; (7) State and EEG access to relevant health, safety, or environmental issues pertaining the WIPP; and (8) analyses of the Secretary's performance assessment report. Specifies that no TW may be received at WIPP for operational demonstration of WIPP before the Secretary's determination of compliance with the disposal regulations and the Administrator's certification to the Congress that the Secretary has complied with such regulations. Directs the Administrator to publish in the Federal Register: (1) within 180 days, proposed disposal regulations (and proposed criteria for the Secretary's determination of compliance with such regulations); and (2) within two years, final disposal regulations (and final criteria for the Secretary's determination of compliance with such regulations). Sets forth requirements with respect to: (1) compliance with EPA management, storage, and disposal regulations; (2) the Administrator's certification to the Congress as to whether the Secretary has complied with disposal regulations at WIPP within one year of the Secretary's compliance determination; (3) judicial review of such certification; (4) injunctions; (5) failure to publish disposal regulations and failure of the Secretary to submit, or comply with, such regulations; (6) extension of the deadline for submission of the Secretary's determination; and (7) decommissioning WIPP when all TW has been removed. Requires WIPP to use engineered as well as natural barriers to isolate the TW after disposal to the extent required by applicable EPA standards. Directs the Secretary to also include TW modifications in WIPP, if appropriate under certain circumstances. Places restrictions on the amount of TW that may be received at WIPP during and after the experimental program. Prohibits spent fuel or high-level radioactive waste from being received at WIPP. Requires TW emplaced in WIPP under the experimental program to be retrievable during the course of such program and for the period of time subsequent to the program needed to provide for its retrieval in the event that: (1) the Secretary determines or the Administrator certifies that WIPP does not comply with the disposal regulations; (2) the TW needs to be retrieved for engineering modification or for repackaging for permanent disposal; or (3) such retrieval is necessary to protect the public health and safety and the environment. Directs the Secretary to: (1) make an annual determination as to whether, and demonstrate on an annual basis that, a sample of TW is retrievable; (2) provide the EPA Administrator and the State with a plan for the retrieval of TW from WIPP; and (3) implement the plan or take corrective actions to ensure the retrievability of TW in the event that a determination is made that the waste is not or will not otherwise remain retrievable. Specifies that TW retrieved from WIPP may be temporarily stored above ground at the WIPP site for up to 90 days if the Secretary determines that retrieval and temporary storage is necessary and that the waste will be managed and returned to WIPP in accordance with requirements of this Act and subject to certain conditions. Requires: (1) that TW transported to or from WIPP be transported in special containers certified by the Nuclear Regulatory Commission; and (2) advance notification to States and Indian tribes through whose jurisdiction the Secretary plans to transport TW before such waste may be transported. Directs the Secretary to ensure that technical assistance and funds are provided to train public safety officials and emergency responders in any State or Indian tribe through whose jurisdiction the Secretary plans to transport TW to or from WIPP. Requires the Secretary to: (1) enter into agreements to assist States in acquiring equipment for response to an incident involving TW transported to or from WIPP; and (2) provide assistance to any State or Indian tribe through whose jurisdiction the Secretary plans to transport TW to or from WIPP for purposes of WIPP-specific transportation safety programs not otherwise addressed in this Act. Bars the transport of TW from the Los Alamos National Laboratory to WIPP until sufficient funding to construct the Sante Fe bypass has been made available to the State, such bypass has been completed, or the Administrator has certified to the Congress with respect to the Secretary's compliance with disposal regulations at WIPP. Directs: (1) the Governor of New Mexico to appoint an advisory group of health professionals and other experts to review emergency response medical training programs for the transportation of TW; (2) the advisory group to periodically review DOE's emergency response medical training programs and report its findings to the State and the Secretary; and (3) the Secretary to review the findings of the advisory group and, if the Secretary determines that emergency response medical training is inadequate, to take immediate action to correct the inadequacies (and, if necessary, suspend TW transportation). Requires: (1) the Mine Safety and Health Administration of the Department of Labor to inspect WIPP as frequently and in the same manner as it evaluates other mine sites, provide the results of its inspections to the Secretary, make the results of such inspections publicly available, and take necessary actions to assure the prompt and effective correction of any deficiency; and (2) the Bureau of Mines of the Department of the Interior to prepare an annual evaluation of WIPP safety. Directs the Secretary to make specified payments to the State for the operation and decommissioning of WIPP, with a portion of such payments to be made available to units of local government in Lea and Eddy counties. Authorizes appropriations to the Secretary: (1) of such sums as necessary to provide funding for the building, establishing, and operating of the Carlsbad Environmental Monitoring Research Center Program within the Waste Management Education and Research Consortium, to provide independent WIPP environmental assessment and monitoring capabilities in the Carlsbad, New Mexico area; and (2) to provide a payment each fiscal year to the State and each unit of local government in which the WIPP site is located, to be determined as specified. Directs the Secretary to: (1) continue to encourage business and employment opportunities related to WIPP that are appropriate for the State, and, in particular, for Lea and Eddy counties; (2) report annually to the State on such activities; and (3) make annual payments to the State to establish and maintain an Impact Assessment Group within the Waste Management Education and Research Corsortium, or any other group or institution the State considers appropriate, to prepare annual reports on the economic impact of activities at WIPP. Authorizes appropriations. Sets forth reporting requirements. Directs the Secretary to: (1) submit to the State, EEG, and specified congressional committees, within three years, a plan for environmental controls for managing the facility after decommissioning; and (2) publish in the Federal Register, within two years, a preliminary plan for the management and use of the WIPP site following the decommissioning of WIPP. Authorizes appropriations: (1) of such sums as necessary to provide compensation for the cancellation of specified Federal oil and gas leases; and (2) to carry out this Act. Specifies that TW introduced at the WIPP site prior to the enactment of this Act shall: (1) immediately be removed from the WIPP site if it is not being used to carry out the experimental program at the time the program is implemented; (2) be removed promptly from the WIPP site in the event that restrictions on TW under this Act are not complied with; and (3) be subject to the requirements for retrievability under this Act. Directs the Secretary to submit to the Congress a study reviewing the technologies that are available and that are being developed for the processing or reduction of volumes of radioactive wastes. Specifies that this Act amends the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980.

00 Introduced in Senate Apr 18, 2002

Waste Isolation Pilot Plant Land Withdrawal Act of 1991 - Withdraws from all forms of entry, sale, and disposal under the public land laws and from all forms of appropriation and operation under mining and mineral leasing laws the public lands in Eddy County, New Mexico, which surround the Waste Isolation Pilot Plant (WIPP) (a Department of Energy (DOE) research and development facility authorized to demonstrate the safe disposal of defense radioactive waste). Describes the lands to be withdrawn. Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy responsible for management of the withdrawn lands. Requires the Secretary to develop a management plan for the withdrawn lands requiring any use of such lands for activities not associated with WIPP to be subject to conditions and restrictions that may be necessary to permit the conduct of WIPP activities. Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, subject to prescribed guidelines. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to submit the management plan to appropriate congressional committees and the State of New Mexico. Provides for ongoing review by the National Academy of Sciences (NAOS), the State, the WIPP Environmental Evaluation Group (EEG), and the Administrator of the Environmental Protection Agency (EPA) of a proposal to be developed by the Secretary for an experimental program at the WIPP site to demonstrate compliance with EPA standards issued below for the disposal of transuranic radioactive waste. Outlines requirements applicable to such demonstration, including those prohibiting radioactive wastes from being received at WIPP until after the EPA Administrator certifies to the Congress and the State that the Secretary has demonstrated compliance with the disposal standards issued below for transuranic radioactive waste. Requires the EPA Administrator to publish proposed environmental standards for the disposal of transuranic radioactive waste, which will be made final one year after this Act is enacted. Requires the Secretary, with respect to WIPP, to comply in all respects with the environmental standards for management and storage issued by the EPA Administrator, beginning on the date of enactment of this Act. Requires the Secretary to comply fully with the final environmental standards for the disposal of transuranic radioactive waste. Requires the EPA Administrator, with respect to the transuranic radioactive waste at WIPP, to certify to the Congress whether the Secretary has complied with the environmental standards for disposal issued by the EPA Administrator. Requires the Secretary to comply with the environmental standards for the disposal of transuranic radioactive waste as in effect on November 18, 1985, if the Administrator fails to publish the proposed or final environmental standards for such a disposal. Requires WIPP to use engineered barriers as well as natural barriers to isolate the radioactive waste after disposal in compliance with applicable EPA standards. Outlines minimum specifications for such barriers. Requires the Secretary to also include waste from modifications in WIPP, if appropriate under certain circumstances. Provides that if WIPP fails to meet final EPA disposal standards by six years after enactment of this Act, the Secretary shall ensure that the waste is removed from the site within one year and WIPP will be decommissioned and the land withdrawl provided by this Act will be terminated. Allows such deadline to be extended by one year. Places restrictions on the amount of transauranic radioactive waste that may be received at WIPP during and after the experimental program. Prohibits spent fuel or high-level radioactive waste from being received at WIPP. Requires all waste emplaced in WIPP under the experimental program to be retrievable during the course of that program and for the period of time subsequent to the program needed to provide for its retrieval in the event that facility does not comply with the environmental standards issued for the disposal of transuranic radiactive waste. Directs the Secretary to provide the EPA Administrator and the State with a retrieval plan for the removal of all wastes from WIPP and the return of all waste to its point of origin, as indicated on the waste shipping manifest, or any other interim storage facility designated by the Secretary other than the WIPP facilities. Directs the Secretary to implement the plan or take corrective actions to assure the retrievability of waste in the event that a finding is made below that the waste is not retrievable. Requires the Secretary to make an annual determination, taking into account the evaluation discussed below, of whether all radioactive waste is presently retrievable and can remain retrievable if: (1) WIPP fails to meet the final environmental standards for the disposal of transuranic radioactive waste; or (2) the waste needs to be retrieved for engineering modification or for repackaging for permanent disposal. Directs the Secretary to demonstrate, on an annual basis, in conjunction with the determination required above, that a sample of transuranic waste is retrievable. Directs the Bureau of Mines to prepare an annual evaluation of the safety of the WIPP mine. Provides that upon a determination by the EPA Administrator that the waste will not be retrievable, the EPA Administrator shall, pursuant to the authorities provided in the Resource Conservation and Recovery Act, revoke any applicable permits and take such action as provided in such Act to assure the retrievability or removal of all WIPP waste. Requires that transuranic radioactive waste transported to or from WIPP must be transported in special containers certified by the Nuclear Regulatory Commission. Requires advance notification to State and local officials and Indian tribes before such waste may be so transported. Requires the Secretary to provide technical assistance and funds for training public safety officials for emergency preparedness. Prohibits the transport of radioactive waste to or from WIPP until the training has been provided. Requires the Secretary to provide to State and local governments the equipment to respond to an incident involving waste being transported. Prevents radioactive waste from being transported by or for the Secretary to or from WIPP until after the designation of the WIPP routes by the Highway Commission of the State. Disallows the transport of transuranic radioactive waste from the Los Alamos National Laboratory to WIPP until the Santa Fe bypass is built. Requires the Secretary to continue to encourage WIPP related business and employment opportunities within New Mexico. Provides for payments to New Mexico to mitigate the impacts on the State and local governments resulting from WIPP. Requires the Secretary to make annual payments to the State for an appropriate group to undertake annual reviews of the economic impact of WIPP activities. Directs the Secretary to submit to New Mexico, EEG, and appropriate congressional committees within three years after the enactment of this Act a plan for environmental controls for managing WIPP after decommissioning. Directs the Secretary to develop within two years a plan for the management and use of the withdrawn lands following decommission. Authorizes appropriations to the Secretary to acquire the Federal Oil and Gas leases No. NMNM 02953 and 02953C. Authorizes appropriations to carry out this Act. Requires any waste introduced at the WIPP site prior to the enactment of this Act to be subject to the provisions of this Act and to be removed from such site in the event the conditions of this Act have not been complied with.

Sponsors

Timeline

Oct 30, 1992

Signed by President.

Oct 30, 1992

Signed by President.

Oct 30, 1992

Became Public Law No: 102-579.

Oct 30, 1992

Became Public Law No: 102-579.

Oct 20, 1992

Presented to President.

Oct 20, 1992

Presented to President.

Oct 8, 1992

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Oct 8, 1992

Senate agreed to conference report by Voice Vote.

Oct 7, 1992

Conference papers: message on House action held at the desk in Senate.

Oct 6, 1992

Conference report filed: Conference report H. Rept. 102-1037 filed.

Oct 6, 1992

Conference report H. Rept. 102-1037 filed.

Oct 6, 1992

Mr. Miller (CA) moved to suspend the rules and agree to the conference report, H. Rept. 102-1037.

Oct 6, 1992

DEBATE - The House proceeded with forty minutes of debate on the conference report.

Oct 6, 1992

Conference report agreed to in House: On motion to suspend the rules and agree to the conference report Agreed to by voice vote.

Oct 6, 1992

Motions to reconsider laid on the table Agreed to without objection.

Oct 6, 1992

On motion to suspend the rules and agree to the conference report Agreed to by voice vote.

Oct 6, 1992

Conference papers: Senate report and managers' statement held at the desk in Senate.

Sep 17, 1992

Conference committee actions: Conference held.

Sep 17, 1992

Conference held.

Aug 11, 1992

Conference committee actions: Conference held.

Aug 11, 1992

Conference held.

Aug 5, 1992

Mr. Dingell asked unanimous consent that the House insist upon its amendments, and agree to a conference.

Aug 5, 1992

On motion that the House insist upon its amendments, and agree to a conference Agreed to without objection.

Aug 5, 1992

Motion to reconsider laid on the table Agreed to without objection.

Aug 5, 1992

The Speaker appointed conferees - from the Committee on Interior and Insular Affairs for consideration of the Senate bill, and the House amendment, and modifications committed to conference: Miller (CA), Vento, Kostmayer, Richardson, LaRocco, Young (AK), Rhodes, and Hefley.

Aug 5, 1992

The Speaker appointed conferees - from the Committee on Energy and Commerce for consideration of the Senate bill, and the House amendment, and modifications committed to conference: Dingell, Sharp, Synar, Swift, Bruce, Lent, Moorhead, and Dannemeyer.

Aug 5, 1992

The Speaker appointed conferees Except that, solely for consideration of sec. 9(a) and (c) of the Senate bill, and sec. 14(a) and (b) of the House amendment, Mr. Schaefer is appointed in lieu of Mr. Dannemeyer.

Aug 5, 1992

The Speaker appointed conferees - from the Committee on Armed Services for consideration of the Senate bill, and the House amendment, and modifidcations committed to conference: Aspin, Spratt, Sisisky, Schroeder, Lloyd, Dickinson, Spence, and Kyl.

Aug 5, 1992

Conference committee actions: Conference held.

Aug 5, 1992

Conference held.

Aug 5, 1992

Message on House action received in Senate.

Jul 29, 1992

Message on Senate action sent to the House.

Jul 28, 1992

Senate disagreed to House amendments, requested a conference and appointed conferees. Johnston; Ford; Bingaman; Conrad; Wallop; Domenici; Craig.

Jul 22, 1992

Message on House action received in Senate and at desk: House amendments to Senate bill.

Jul 21, 1992

Considered under the provisions of rule H. Res. 494.

Jul 21, 1992

Rule provides for consideration of H.R. 2637 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments now printed in the bill, it shall be in order to consider an amendment in the nature of a substitute consisting of the text printed in the report of the Committee on Rules accompanying this resolution as an original bill for the purpose of amendment under the five-minute rule. Measure will be read by section. Bill is open to amendments. After passage of H.R. 2637, it shall be in order to consider the bill S. 1671 in the House and to move to strike out all after the enacting clause of S. 1671 and insert in lieu thereof the provisions of H.R. 2637 as passed by the House.

Jul 21, 1992

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2637. Agreed to without objection.

Jul 21, 1992

Passed/agreed to in House: On passage Passed without objection.

Jul 21, 1992

On passage Passed without objection.

Jul 21, 1992

The title of the measure was amended. Agreed to without objection.

Jul 21, 1992

Motion to reconsider laid on the table Agreed to without objection.

Jul 21, 1992

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of S. 1671.

Jul 21, 1992

A similar measure H.R. 2637 was laid on the table without objection.

Nov 6, 1991

Message on Senate action sent to the House.

Nov 6, 1991

Received in the House.

Nov 6, 1991

Held at the desk.

Nov 5, 1991

Measure laid before Senate by unanimous consent.

Nov 5, 1991

The committee substitute as amended agreed to by Voice Vote.

Nov 5, 1991

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Nov 5, 1991

Passed Senate with an amendment by Voice Vote.

Oct 28, 1991

Committee on Energy and Natural Resources. Reported to Senate by Senator Johnston with an amendment in the nature of a substitute. With written report No. 102-196.

Oct 28, 1991

Committee on Energy and Natural Resources. Reported to Senate by Senator Johnston with an amendment in the nature of a substitute. With written report No. 102-196.

Oct 28, 1991

Placed on Senate Legislative Calendar under General Orders. Calendar No. 281.

Oct 16, 1991

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

Sep 21, 1991

Committee on Energy and Natural Resources. Hearings held at Albuquerque, NM. Hearings printed: S.Hrg. 102-398.

Aug 5, 1991

Referred to Subcommittee on Energy Research and Development.

Aug 2, 1991

Introduced in Senate

Aug 2, 1991

Read twice and referred to the Committee on Energy and Natural Resources.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

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