I
104TH CONGRESS
1ST SESSION
H. R. 1663
To amend the Waste Isolation Pilot Plant Land Withdrawal Act.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 1995
Mr. SKEEN (for himself, Mr. SCHAEFER, and Mr. CRAPO) introduced the fol-
lowing bill; which was referred to the Committee on Commerce, and in
addition to the Committee on National Security, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Waste Isolation Pilot Plant Land Withdrawal
Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Waste Isolation Pilot Plant Land Withdrawal Amend-
ment Act’’.
(b) REFERENCE.—Except as otherwise expressly pro-
vided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the
Waste Isolation Pilot Plant Land Withdrawal Act (Public
Law 102–579).
SEC. 2. DEFINITIONS.
Paragraphs (18) and (19) of section 2 are repealed.
SEC. 3. TEST PHASE AND RETRIEVAL PLANS.
Section 5 is repealed.
SEC. 4. TEST PHASE ACTIVITIES.
Section 6 is amended—
(1) by repealing subsections (a) and (b),
(2) by repealing paragraph (1) of subsection
(c),
(3) by repealing subparagraph (A) of paragraph
(2) of subsection (c),
(4) by redesignating subsection (c) as sub-
section (a), by striking the subsection heading and
the matter before paragraph (1) and inserting
‘‘STUDY.—The following study shall be conducted:’’,
by striking ‘‘(B) STUDY.—’’, and by redesignating
clauses (i), (ii), and (iii) as paragraphs (1), (2), and
(3), respectively, and
(5) by redesignating subsection (d) as sub-
section (b).
SEC. 5. DISPOSAL OPERATIONS.
Section 7(b) is repealed.
SEC. 6. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL
REGULATIONS.
(a) SECTION 8(d)(1).—Section 8(d)(1) is amended by
striking subparagraphs (B), (C), and (D) and by adding
after subparagraph (A) the following:
‘‘(B) Within 2 months of receipt of the ap-
plication under subparagraph (A), the Adminis-
trator shall provide the Secretary with any com-
ments on the Secretary’s application. Within
one month of the receipt of such comments, the
Secretary shall, to the extent practicable, incor-
porate the Administrator’s comments in the
Secretary’s application. The comments of the
Administrator provided to the Secretary should
also be transmitted to the appropriate commit-
tees of jurisdiction in the House of Representa-
tives and the Senate.’’.
(b) SECTION 8(d) (2), (3).—Section 8(d) is amended
by striking paragraphs (2) and (3), by striking ‘‘(1) COM-
PLIANCE WITH DISPOSAL REGULATIONS.—’’, and by re-
designating subparagraphs (A), (B), (C), and (D) of para-
graph (1) as paragraph (1), (2), (3), and (4), respectively.
(c) SECTION 8(f).—Subsection (f) of section 8 is
amended—
(1) by amending the subsection heading to read
‘‘PERIODIC REVIEW’’, and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) REVIEW
BY
THE
ADMINISTRATOR.—The
Administrator shall, not later than 6 months after
receiving a submission under paragraph (1), com-
ment on whether or not the WIPP facility continues
to be in compliance with the final disposition regula-
tions.’’.
(d) SECTION 8(g).—Section 8(g) is amended to read
as follows:
‘‘(g) ENGINEERED AND NATURAL BARRIERS, ETC.—
The Secretary should determine whether or not engineered
barriers or natural barriers, or both, will be required at
WIPP consistent with regulations published as part 191
of 40 C.F.R.
SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS AND
REGULATIONS.
(a) SECTION 9(a)(1).—Section 9(a)(1) is amended by
adding after and below subparagraph (H) the following:
‘‘With respect to transuranic mixed waste designated by
the Secretary for disposal at WIPP, such waste is exempt
from the land disposal restrictions published at part 268
of 40 C.F.R. because compliance with the environmental
radiation protection standards published at part 191 of
40 C.F.R. renders compliance with the land disposal re-
strictions unnecessary to achieve desired environmental
protection and a no migration variance is not required for
disposal of transuranic mixed waste at WIPP.’’.
(b) SECTION 9(b).—Subsection (b) of section 9 is re-
pealed.
(c) SECTIONS 9(c), (d).—Subsections (c) and (d) of
section 9 are repealed.
SEC. 8. RETRIEVABILITY.
Section 10 is amended to read as follows:
‘‘SEC. 10. TRANSURANIC WASTE.
‘‘It is the intent of Congress that a decision will be
made by the Secretary with respect to the disposal of
transuranic waste no later than March 31, 1997.’’.
SEC. 9. DECOMMISSIONING OF WIPP.
Section 13 is amended—
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ‘‘(b) MANAGE-
MENT PLAN FOR THE WITHDRAWAL AFTER DECOM-
MISSIONING.—Within 5 years after the date of the
enactment of this Act, the’’ and inserting ‘‘The’’.
SEC. 10. ECONOMIC ASSISTANCE AND MISCELLANEOUS
PAYMENTS.
Section 15(a) is amended—
(1) by striking ‘‘to the Secretary for payments
to the State $20,000,000 for each of the 15 fiscal
years beginning with the fiscal year in which the
transport of transuranic waste to WIPP is initiated’’
and inserting ‘‘to the State $20,000,000 for each of
the 15 fiscal years beginning with the date of the en-
actment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act’’, and
(2) by adding at the end the following: ‘‘An ap-
propriation to the State shall be in addition to any
appropriation for WIPP.’’.
SEC. 11. NON-DEFENSE WASTE.
Section 7(a) is amended by redesignating paragraph
(3) as paragraph (4) and by inserting after paragraph (2)
the following:
‘‘(3) NON-DEFENSE WASTE.—Within the capac-
ity prescribed by paragraph (4), WIPP may receive
transuranic waste from the Secretary which did not
result from a defense activity.’’.
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