atomic number greater than 92, including neptu-
nium, plutonium, americium, and curium, and which 
are in concentrations greater than 10 nanocuries per 
gram, or in such other concentrations as the Com-
mission may prescribe to protect the public health 
and safety. 
SEC. 4. REMEDIATION OF THE CENTER. 
(a) The Secretary shall take all actions necessary to 
remediate the Center in a manner that is timely, protective 
of human health and the environment, consistent with the 
License Termination Rule, and consistent with all applica-
ble requirements of Federal and State law, including clo-
sure and post-closure requirements set forth in Federal 
or State environmental laws, and the provisions of this 
Act. As part of such remediation, the Secretary shall de-
contaminate and decommission— 
(1) the tanks and other facilities of the Center 
in which the high level radioactive waste solidified 
under the West Valley Demonstration Project Act 
was stored; 
(2) the facilities used in the solidification of the 
waste; and 
(3) any material and hardware used in connec-
tion with the West Valley Demonstration Project. 
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(b) The Secretary shall be responsible for all costs 
associated with such remediation. 
SEC. 5. RADIOACTIVE WASTE DISPOSAL REQUIREMENTS. 
(a) The Secretary shall, as soon as feasible, transport 
the high level radioactive waste at the Center to an appro-
priate Federal repository for permanent disposal. Pending 
such transportation, the Secretary shall take appropriate 
measures to safeguard such waste and ensure its safe stor-
age in a manner consistent with public health and safety 
and Commission regulations or orders. 
(b) The Secretary shall, as soon as feasible, in accord-
ance with applicable law, including applicable licensing re-
quirements, dispose of low level radioactive waste and 
transuranic waste currently located at the Center and such 
radioactive waste as may in the future be generated as 
a result of the remediation authorized by this Act. 
(c) For purposes of the Nuclear Waste Policy Act of 
1982, all high level radioactive waste at the Center shall 
be considered waste generated by atomic energy defense 
activities. For purposes of the Waste Isolation Pilot Plant 
Land Withdrawal Act, any transuranic waste at the Cen-
ter shall be considered radioactive waste generated by 
atomic energy defense activities. 
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SEC. 6. REGULATION BY THE COMMISSION. 
(a) Notwithstanding any other provision of law, the 
Commission shall regulate the remediation of radioactive 
waste and nuclear materials at the Center as set forth in 
this section. The Commission is authorized to promulgate 
such new or revised rules as it may deem necessary and 
appropriate to assume such responsibility. 
(b)(1) Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall develop and submit 
to the Commission for review and approval a decommis-
sioning plan that meets the criteria set forth in the Li-
cense Termination Rule and that addresses the radioactive 
wastes and nuclear materials at the Center. 
(2) Prior to any preliminary or final decision made 
by the Commission on the Secretary’s plan, the Commis-
sion shall provide a reasonable opportunity for the State 
to review, comment on, and concur or not concur with the 
decommissioning plan submitted by the Secretary and any 
modifications to such plan. 
(3) The Secretary shall implement the decommis-
sioning plan approved by the Commission. 
(c) In making its determination, the Commission 
shall apply the process and criteria set forth in the License 
Termination Rule. The Commission shall further apply the 
procedures provided in its regulations for the approval and 
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