IB
Union Calendar No. 307
104TH CONGRESS
2D SESSION
H. R. 1663
[Report No. 104–540, Part I]
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
APRIL 25, 1996
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 25, 1996
Referral to the Committee on National Security extended for a period ending
not later than June 14, 1996
JUNE 14, 1996
Committee on National Security discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 17, 1995]
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 Amendment
Act’’.
(b) REFERENCE.—Except as otherwise expressly pro-
vided, whenever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered 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Paragraphs (18) and (19) of section 2 are repealed.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 and the item relating to such section in the
table of contents are repealed.
SEC. 4. MANAGEMENT PLAN.
Section 4(b)(5)(B) is amended by striking ‘‘or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)’’.
SEC. 5. TEST PHASE ACTIVITIES.
Section 6 is amended—
(1) by repealing subsections (a) and (b),
(2) by repealing paragraph (1) of subsection (c),
(3) by redesignating subsection (c) as subsection
(a) and in that subsection—
(A) by repealing subparagraph (A) of para-
graph (2),
(B) by striking the subsection heading and
the matter immediately following the subsection
heading and inserting ‘‘STUDY.—The following
study shall be conducted:’’,
(C) by striking ‘‘(2) REMOTE-HANDLED
WASTE.—’’,
(D) by striking ‘‘(B) STUDY.—’’,
(E) by redesignating clauses (i), (ii), and
(iii) as paragraphs (1), (2), and (3), respec-
tively, and
(F) by realigning the margins of such
clauses to be margins of paragraphs,
(5) in subsection (d), by striking ‘‘, during the
test phase, a biennial’’ and inserting ‘‘a’’ and by
striking ‘‘, consisting of a documented analysis of’’
and inserting ‘‘as necessary to demonstrate’’, and
(6) by redesignating subsection (d) as subsection
(b).
SEC. 6. DISPOSAL OPERATIONS.
Section 7(b) is amended to read as follows:
‘‘(b) REQUIREMENTS FOR COMMENCEMENT OF DIS-
POSAL OPERATIONS.—The Secretary may commence em-
placement of transuranic waste underground for disposal
at WIPP only upon completion of—
‘‘(1) the Administrator’s certification under sec-
tion 8(d)(1) that the WIPP facility will comply with
disposal regulations; and
‘‘(2) 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, under
section 4(b)(5), that such acquisition is not re-
quired.’’.
SEC. 7. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL
REGULATIONS.
(a) SECTION 8(d)(1).—Section 8(d)(1) is amended—
(1) by amending subparagraph (A) to read as
follows:
‘‘(A) APPLICATION
FOR
COMPLIANCE.—
Within 30 days after the date of the enactment
of the Waste Isolation Pilot Plant Land With-
drawal Amendment Act, the Secretary shall pro-
vide to Congress a schedule for the incremental
submission of chapters of the application to the
Administrator beginning no later than 30 days
after such date. The Administrator shall review
the submitted chapters and provide requests for
additional information from the Secretary as
needed for completeness within 45 days of the re-
ceipt of each chapter. The Administrator shall
notify Congress of such requests. The schedule
shall call for the Secretary to submit all chapters
to the Administrator no later than October 31,
1996.’’; and
(2) in subparagraph (D), by striking ‘‘after the
application is’’ and inserting ‘‘after the full applica-
tion has been’’.
(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 redes-
ignating subparagraphs (A), (B), (C), and (D) of para-
graph (1) as paragraph (1), (2), (3), and (4), respectively.
(c) SECTION 8(g).—Section 8(g) is amended to read
as follows:
‘‘(g) ENGINEERED AND NATURAL BARRIERS, ETC.—
The Secretary shall use both engineered and natural bar-
riers and any other measures to the extent necessary at
WIPP to comply with final disposal regulations.’’.
at WIPP is exempt from the land disposal restrictions
described in section 9(a)(1)’’.
SEC. 9. RETRIEVABILITY.
(a) SECTION 10.—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 trans-
uranic waste no later than November 30, 1997.’’.
(b) CONFORMING AMENDMENT .—The item relating to
section 10 in the table of contents is amended to read as
follows:
‘‘Sec. 10. Transuranic waste.’’.
SEC. 10. 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 en-
actment of this Act, the’’ and inserting ‘‘The’’.
SEC. 11. 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 in-
serting ‘‘to the State $20,000,000 for each of the 15
fiscal years beginning with the date of the enactment
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. 12. 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 limits
prescribed in paragraphs (1) and (2) and within the
capacity prescribed by paragraph (4), WIPP may re-
ceive transuranic waste from the Secretary which did
not result from a defense activity.’’.