Waste Isolation Pilot Plant Land Withdrawal Act
PL 102-579 (S.1671), enacted 10/30/1992

PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4777 
Public Law 102-579 
102d Congress 
An Act 
To withdraw land for the Waste Isolation Pilot Plant, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Waste Isolation 
Pilot Plant Land Withdrawal Act". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Land withdrawal and ireservation for WIPP. 
Sec. 4. Establishment of management responsibilities. 
Sec. 5. Test phase and retrieval plans. 
Sec. 6. Test phase activities. 
Sec. 7. Disposal operations. 
Sec. 8. Environmental Protection Agency disposal regulations. 
Sec. 9. Compliance with environmental laws and regulations. 
Sec. 10. Retrievability. 
Sec. 11. Mine safety. 
Sec. 12. Ban on high-level radioactive waste and spent nuclear fuel. 
Sec. 13. Decommissioning of WIPP. 
Sec. 14. Savings provisions. 
Sec. 15. Economic assistance and miscellaneous payments. 
Sec. 16. Transportation. 
Sec. 17. Access to information. 
Sec. 18. Judicial review of EPA actions. 
Sec. 19. Technology study. 
Sec. 20. Statement for purposes of Public Law 96-164. 
Sec. 21. Consultation and cooperation agreement. 
Sec. 22. Buy American requirements. 
Sec. 23. Authorizations of appropriations. 
SEC. 2. DEFINITIONS. 
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 and the United 
States Department of Energy as authorized by section 213(b) 
of the Department of Energy National Security and MiHtary 
AppHcations of Nuclear Energy Authorization Act of 1980 (Pub. 
L. 96-164; 93 Stat. 1259,1265). 
(3) CONTACT-HANDLED TRANSURANIC WASTE.—The term 
"contact-handled transuranic waste" means transuranic 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 disposed phase and ending when all shafts at the WIPP 
repository have been back-filled and sealed. 
Oct. 30,1992 
[S. 1671] 
Waste Isolation 
Pilot Plant 
Land 
Withdrawsd 
Act. 
106 STAT. 4778 
PUBLIC LAW 102-579—OCT. 30, 1992 
(5) DISPOSAL.—^The term "disposal" means permanent iso-
lation of transuranic waste from the accessible environment 
with no intent of recovery, whether or not such isolation permits 
the recovery of such waste. 
(6) DISPOSAL PHASE.—The term "disposal phase" means 
the period of time, during which transuranic waste is disposed 
of at WIPP, beginning with the initial emplacement of trans-
uranic waste underground for disposal and ending when the 
last container of transuranic waste, as determined by the Sec-
retary, is emplaced underground for disposal. 
(7) DISPOSAL REGULATIONS.—The term "disposal regula-
tions" means the environmental regulations for the disposal 
of spent nuclear fuel, high-level radioactive waste, and trans-
uranic waste under section 8. 
(8) 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). 
(9) ENGINEERED BARRIERS.—The term "engineered barriers" 
means backfill, room seals, panel seals, and any other manmade 
barrier components of the disposal system. 
(10) 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)). 
(11) No-MIGRATION DETERMINATION.—^The term "No-Migra-
tion Determination" means the Final Conditional No-Migration 
Determination for the Department of Energy Waste Isolation 
Pilot Plant published by the Environmental Protection Agency 
on November 14, 1990 (55 Fed. Reg. 47700), and any amend-
ments thereto, pursuant to the Solid Waste Disposed Act (42 
U.S.C. 6901 et seq.). 
(12) REMOTE-HANDLED TRANSURANIC WASTE.—^The term 
"remote-handled transuranic waste" means transuranic waste 
with a surface dose rate of 200 millirem per hour or greater. 
(13) RETRIEVAL.—^The term "retrieval" means the removal 
of transuranic waste and the container in which it has been 
retained and any material contaminated by such waste from 
the underground repository at WIPP. 
(14) SECRETARY.—The term "the Secretary" means the Sec-
retary of Energy. 
(15) 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)). 
(16) STATE.—The term "the State" means the State of New 
Mexico. 
(17) SUPPLEMENTAL STIPULATED AGREEMENT.—The term 
"Supplemental Stipulated Agreement" means the Supplemental 
Stipulated Agreement Resolving Certain State Off-Site Con-
cerns Over WIPP, dated December 27, 1982, to the Stipulated 
Agreement Between DOE and the State in State of New Mexico 
ex rel. Bingaman 
v. DOE, Case No. CA 81-0363 JB (D. N. 
Mex.), dated July 1, 1981. 
(18) TEST PHASE.—The term "test phase" means the period 
of time, during which test phase activities are conducted, begin-
ning with the initial receipt of transuranic waste at WIPP 
and ending when the earliest of the following events occurs: 
PUBLIC LAW 102-579—(XT. 30, 1992 
106 STAT. 4779 
(A) The requirements described in section 7(b) are 
met. 
(B) The Administrator 
determines under 
section 
8(d)(1)(B) that the WIPP faciUty will not comply with the 
disposal regulations. 
(C) The time period described in paragraphs (2) and 
(3) of section 8(d) expires. 
(D) The Secretary is required by section 9(b)(2) to 
implement the retrieval plan. 
(19) TEST PHASE ACTIVITIES.—^The term "test phase activi-
ties" means the testing and experimentation activities to deter-
mine the suitability of WIPP as a repository for the permanent 
isolation of transuranic waste. 
(20) TRANSURANIC WASTE.—The term "transuranic 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 regulations; 
or 
(C) waste that the Nuclear Regulatory Commission 
has approved for disposal on a case-by-case basis in accord-
ance with part 61 of title 10, Code of Federal Regulations. 
(21) WIPP.—The term "WIPP" means the Waste Isolation 
Pilot Plant project authorized under section 213 of the Depart-
ment 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 atomic energy 
defense activities. 
(22) WlTHDRAWAi:..-The term "Withdrawal" means the geo-
graphical area consisting of the lands described in section 3(c). 
SEC. 
3
. 
LAND 
WTTHDRAWAI. 
AND 
RESERVATION 
FOR 
WIPP. 
(a) LAND WITHDRAWAL, JURISDICTION, AND RESERVATION.— 
(1) LAND WITHDRAWAL.—Subject to vahd 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 geo-
thermal leasing laws, the material sale laws (except as provided 
in section 4(b)(4) of this Act), and the mining laws. 
(2) JURISDICTION.—^Except as otherwise provided in this 
Act, jurisdiction over the Withdrawed is transferred from the 
Secretary of the Interior to the Secretary. 
(3) RESERVATION.—Such lands are reserved for the use 
of the Secretary for the construction, experimentation, oper-
ation, 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.—PubKc Land Order 
6403 of June 29, 1983, as modified by Public Land Order 6826 
106 STAT. 4780 
PUBLIC LAW 102-579—OCT. 30, 1992 
Federal 
Register, 
publication. 
of January 28, 1991, and any memoranda of imderstanding accom-
panying such land orders, 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 Manage-
ment, New Mexico State Office, are established as the bound-
aries 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 Con-
gress, the Secretary, the Governor of the State, 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, nor may any 
provision be construed to establish, a reservation to the United 
States with respect to any water or water rights. Nothing in this 
Act shall affect any water rights acquired by the United States 
prior to the date of enactment of this Act. The United States 
may apply for and obtain water rights for purposes associated 
with this Act only in accordance with the substantive and proce-
dural requirements of the laws of the State. 
SEC. 4. ESTABUSHMENT OF MANAGEMENT RESPONSIBILITIES. 
(a) GENERAL AUTHORITY.—^The Secretary shall be responsible 
for the management of the Withdrawal, consistent with 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 the Interior and the State in discharging such respon-
sibility. 
(b) MANAGEMENT PLAN.— 
(1) DEVELOPMENT.—^Within 1 year after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of the Interior and the State, shall develop a manage-
ment plan for the use of the Withdrawal until the end of 
the decommissioning phase. 
(2) PRIORITY OF WIPP-RELATED USES.—Any use of the With-
drawal 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 devel-
oped under paragraph (1) shall provide for the maintenance 
of wildlife habitat and shall provide that the Secretary may 
permit such non-WIPP related uses of the Withdrawal as the 
Secretary determines to be appropriate, including domestic live-
stock grazing and hunting and trapping in accordance with 
the following requirements: 
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4781 
(A) GRAZING.—^The Secretary may permit grazing to 
continue where established before the date of the enact-
ment of this Act, subject to such regulations, policies, and 
practices as the Secretary, in consultation with the Sec-
retary of the Interior, determines to be necessary or appro-
priate. 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 leinds by preventing overgrazing and soil 
deterioration, to provide for their orderly use, improve-
ment, and development, to stabilize the livestock indus-
try 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 Manage-
ment Act of 1976 (43 U.S.C. 1751 et seq.); and 
(iii) the Public Rangelands Improvement Act of 
1978 (43 U.S.C. 1901 et seq.). 
(B) HUNTING AND TRAPPING.—^The Secretary may per-
mit hunting and trapping within the Withdrawal in accord-
ance with applicable laws and regulations of the United 
States and the State, except that the Secretary, after con-
sultation with the Secretary of the Interior and the State, 
may issue regulations designating zones where, and 
establishing periods when, no hunting or trapping is per-
mitted for reasons of public safety, administration, or public 
use and enjoyment. 
(4) DISPOSAL OF SALT TAILINGS.—The Secretary shall dis-
pose of salt taihngs extracted from the Withdrawal that the 
Secretary 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) MINING.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), no surface or subsurface mining or oil or gas produc-
tion, including slant drilling from outside the boundaries 
of the Withdrawal, shall be permitted at any time (includ-
ing after decommissioning) on lands on or under the With-
drawal. 
(B) EXCEPTION.—Existing rights under Federal Oil and 
Gas Leases No. NMNM 02953 and No. NMNM 02953C 
shall not be affected unless the Administrator determines, 
after consultation with the Secretary and the Secretary 
of the Interior, that the acquisition of such leases by the 
Secretary is required to comply with the final disposal 
regulations or with the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.). 
(c) CLOSURE TO PUBLIC.—If during the land withdrawal made 
by section 3(a) the Secretary 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 may take whatever action the Secretary determines 
106 STAT. 4782 
PUBLIC LAW 102-579—OCT. 30, 1992 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
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 and the 
Secretary of the Interior shall enter into a memorandum of under-
standing to implement the management plsui developed under sub-
section (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 shall submit the manage-
ment plan developed under subsection (b) to the Congress and 
the State. Any amendments to the plan shall be submitted promptly 
to the Congress and the State. 
SEC. 5. TEST PHASE AND RETRIEVAL PLANS. 
(a) IN GENERAL.—^Not later than 7 months after the date of 
the enactment of this Act, the Secretary shall prepare, and submit 
to the Administrator for review, a test phase plan and a retrieval 
plan in accordance with this section. The Secretary shall give notice 
in the Federal Register of submission of such plans and provide 
an opportunity for public access to such plans. 
(b) TEST PHASE PLAN.—The test phase plein and any modifica-
tion of the plan, as appropriate, shall— 
(1) set forth the test phase activities to be conducted at 
WIPP; 
(2) specify the quantities and types of transuranic waste 
required for such activities; 
(3) provide a detailed description of how the test phase 
activities will provide information directly relevant to a cer-
tification of compliance with the final disposal regulations or 
to compliance with the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.); and 
(4) include justification for all such activities. 
(c) RETRIEVAL PLAN.—^The retrieval plan and any modification 
of the plan, as appropriate, shall set forth a detailed plan for 
the removal of transuranic waste emplaced at WIPP during the 
test phase, if such removal is required under any provision of 
this Act. 
(d) APPROVAL BY ADMINISTRATOR.— 
(1) IN GENERAL.—^The Administrator shall determine, in 
a single rulemaking procedure, whether to approve, in whole 
or in part, or disapprove the test phase plan and whether 
to approve or disapprove the retrieval plan. The Administrator 
shall, in accordance with paragraph (3), publish in the Federal 
Register a final rule setting forth the approval or disapproval 
in accordance with this subsection not later than 10 months 
after the date of the enactment of this Act. 
(2) STANDARDS FOR APPROVAL.— 
(A) 
TEST 
PHASE 
PLAN.—The Administrator 
shall 
approve the test phase plan, or any modification to the 
plan, in whole or in part, if the Administrator determines 
that the experiments will provide data that are directly 
relevant to a certification of compliance with the final 
disposal regulations or to compliance with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.). 
(B) RETRIEVAL PLAN.—^The Administrator shall approve 
the retrieval plan, or any modification to the plan, if the 
Administrator determines that it will provide for satisfac-
PUBLIC LAW 102-579—OCT. 30,1992 
106 STAT. 4783 
tory retrieval of all transuranic waste emplaced during 
the test phase from WIPP should retrieval of such waste 
be required. 
(3) RULEMAKING PROCEDURE.—The Administrator shall con-
duct the rulemaking required in paragraph (1) under section 
553 of title 5, United States Code, except that sections 556 
and 557 of such title sheill not apply. 
(4) CONSEQUENCES OF APPROVAL,—If the Administrator 
approves the test phase plan, in whole or in part, and the 
retrieval plan under this subsection, the Secretary may imme-
diately proceed with test phase activities to the extent they 
have been approved in the rule described in paragraph (3) 
and to the extent the requirements of section 6(b) have been 
met. 
(e) RECONSIDERATION OF DISAPPROVED PLANS.—If any plan, 
or portion of a plan, is not approved under subsection (d), the 
Secretary may submit a revised plan, or portion, to the Adminis-
trator. Such revised plan, or portion, shall be considered in accord-
ance with the procedures applicable under such subsection, except 
that final action shall be completed within 3 months of submission 
to the Administrator. 
(f) MODIFICATIONS TO TEST PHASE PLAN OR RETRIEVAL PLAN.— 
The Secretary may submit modifications to the test phase plan 
or retrieval plan. Such modifications shall be considered in accord-
ance with the procedures applicable under subsection (d), except 
that final action shall be completed within 3 months of submission 
to the Administrator. 
SEC. 6. TEST PHASE ACTiyiTIES. 
(a) GENERAL AUTHORITY.—^The Secretary is authorized, subject 
to subsections (b) and (c), to conduct test phase activities in accord-
ance with the test phase plem. 
(b) REQUIREMENTS FOR COMMENCEMENT OF TEST PHASE ACTIVI-
TIES.—^The Secretary may not transport any transuranic waste to 
WIPP to conduct test phase activities under subsection (a) unless 
the following requirements are met: 
(1) FINAL DISPOSAL REGULATIONS ISSUED.—The final dis- Federal 
posal regulations are issued and published in the Federal Reg- *^f|?*®r' 
ister under section 8(b). 
(2) TERMS OF NO-MIGRATION DETERMINATION COMPLIED 
WITH.—^The Administrator has determined that the Secretary 
has complied with the terms and conditions of the No-Migration 
Determination. The determination of the Administrator under 
this paragraph shall not be subject to rulemaking or judicial 
review. 
(3) TEST PHASE AND RETRIEVAL PLANS APPROVED.—The Sec-
retary has issued, and the Administrator has approved, the 
test phase plan and the retrieval plan under section 5. 
(4) EMERGENCY RESPONSE TRAINING.— 
(A) REVIEW.—^The Secretary of Labor, acting through 
the Occupation£d 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 Administra-
tion, has certified that the Department of Labor has 
reviewed emergency response training programs of the 
59-194 O—93 
8 : QL 3 (Pt. 6) 
106 STAT. 4784 
PUBLIC LAW 102-579—OCT. 30, 1992 
Department of Energy that apply to WIPP and has con-
curred that such programs are in compliance with part 
1910.120 of title 29, Code of Federal Regulations. Such 
certification shall not be subject to rulemaking or judicial 
review. 
(5) CERTIFICATION OF SAFETY.—The Secretary has certified, 
through the issuance of safety analysis documents, that the 
safety of 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. Such certification shall not be subject to rule-
making or judicial review. 
(6) STABILITY OF ROOMS USED FOR TESTING.—^The Secretary 
of Energy shall issue a plan to ensure that the mined rooms 
in the underground repository at WIPP in which transuranic 
waste may be emplaced will remain sufficiently stable and 
safe to permit uninterrupted testing for the duration of such 
activities. The Secretary of Labor, acting through the Mine 
Safety and Health Administration, shall review such plan and 
concur that the plan ensures that the mined rooms in the 
underground repository at WIPP in which transuranic waste 
may be emplaced will remain sufficiently stable and safe to 
permit uninterrupted testing for the duration of such activities. 
Such issuance and concurrence shall not be subject to rule-
making or judicial review. 
(c) LIMITATIONS.—^Test phase activities conducted under sub-
section (a) shall be subject to the following limitations: 
(1) QUANTITY OF WASTE THAT MAY BE TRANSPORTED.—Dur-
ing the test phase, the Secretary may transport to WIPP— 
(A) only such quEintities of transuranic waste as the 
Administrator has approved for test phase activities under 
section 5; and 
(B) in no event more than V2 of 1 percent of the 
total capacity of WIPP as described in section 7(a)(3). 
(2) REMOTE-HANDLED WASTE.— 
(A) TRANSPORTATION AND EMPLACEMENT.—The Sec-
retary may not transport to or emplace remote-handled 
transuranic waste at WIPP during the test phase, 
(B) STUDY.— 
. 
, . 
(i) IN GENERAL.—^Within 3 years Eifter the date 
of the enactment of this Act, the Secretary shall com-
plete a study on remote-handled transuranic 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 waste on the performance assessment of 
WIPP and a comparison of remote-handled transuranic 
waste with contact-handled transuranic waste on such 
issues as gas generation, flammability, explosiveness, 
solubility, and brine and geochemical interactions. 
Federal 
(iii) PUBLICATION.—The Secretary shall publish the 
^^bi^^t' 
findings 
of such study in the Federal Register. 
p
u
D ica ion. 
^^^ PERFORMANCE ASSESSMENT REPORT.— 
(1) IN GENERAL.—The Secretary shall publish, during the 
test phase, a biennial performance assessment report, consist-
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4785 
ing of a documented analysis of the long-term performance 
of WIPP. Each such report shall be provided to the State, 
the Administrator, the National Academy of Sciences, and the 
EEG for their review and comment. 
(2) RESPONSES BY SECRETARY TO COMMENTS.—If, within 
120 days of the publication of a performance assessment report 
under paragraph (1)., the State, the Administrator, the National 
Academy of Sciences, or the EEG provide written comments 
on the report, the Secretary shall submit written responses 
to the comments to the State, the Administrator, the National 
Academy of Sciences, and the EEG, and to other appropriate 
entities or persons after consultation with the State, within 
120 days of receipt of the comments. 
SEC. 7. DISPOSAL OPERATIONS. 
(a) TRANSURANIC WASTE LIMITATIONS.— 
(1) 
REM 
LIMITS 
FOR 
REMOTE-HANDLED 
TRANSURANIC 
WASTE.— 
(A) 1,000 REMS PER HOUR.—^No transuranic waste 
received at WIPP may have a surface dose rate in excess 
of 1,000 rems per hour. 
(B) 100 RE,MS PER HOUR.—No more than 5 percent 
by volume of the remote-handled transuranic 
waste 
received at WIPP may have a surface dose rate in excess 
of 100 rems per hour. 
(2) 
CURIE 
LIMITS 
FOR REMOTE-HANDLED 
TRANSURANIC 
WASTE.— 
(A) CURIES PER LITER.—Remote-handled trsinsuranic 
waste received at WIPP shall not exceed 23 curies per 
liter maximum activity level (averaged over the volume 
of the canister). 
(B) TOTAL CURIES.—-The total curies of the remote-
handled transuranic waste received at WIPP shall not 
exceed 5,100,000 curies. 
(3) CAPACITY OF WIPP.—The total capacity of WIPP by 
volume is 6.2 million cubic feet of transuranic waste. 
(b) REQUIREMENTS FOR COMMENCEMENT OF DISPOSAL OPER-
ATIONS.—^The Secretary may commence emplacement of transuranic 
waste underground for disposed at WIPP only upon completion 
of— 
(1) the Administrator's certification under section 8(d)(1) 
that the WIPP facility will comply with the disposal regulations; 
(2) the submission to the Congress by the Secretary of 
plans for decommissioning WIPP and post-decommissioning 
management of the Withdrawal under section 13; 
(3) the expiration of the 180-day period beginning on the 
date on which the Secretary notifies the Congress that the 
requirements of section 9(a)(1) have been met; 
(4) 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 Adminis-
trator determines, under section 4(b)(5), that such acquisition 
is not required; 
(5) the submittal to the Congress by the Secretary of com-
prehensive recommendations for the disposal of all transuranic 
waste under the control of the Secretary, including a timetable 
for the disposal of such waste; and 
106 STAT. 4786 
PUBLIC LAW 102-579—OCT. 30, 1992 
(6) the completion by the Secretary, with notice and an 
opportunity for public comment, of a survey identif3dng all 
transuranic waste types at all sites from which wastes are 
to be shipped to WIPP, and— 
r".**lic 
(A) the results of such survey shall be made available 
information. 
^^ ^j^g p^^jy^. ^ ^ ^^ provided to the Administrator; and 
(B) such survey shall not be subject to rulemaking 
or judicial review. 
SEC. 8. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULA-
TIONS. 
(a) REINSTATEMENT.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
disposal regulations issued by the Administrator on September 
19, 1985, and contained in subpart B of part 191 of title 
40, Code of Federal Regulations, shall be in effect. 
(2) EXCEPTIONS.—Paragraph (1) shall not apply to— 
(A) the 3 aspects of sections 191.15 and 191.16 of 
such regulations that were the subject of the remand 
ordered in Natural Resources Defense Council, Inc. v. 
United States Environmental Protection Agency, 824 F.2d 
1258 (1st Cir. 1987); and 
(B) the characterization, licensing, construction, oper-
ation, or closure of any site required to be characterized 
under section 113(a) of Public Law 97-425. 
(b) ISSUANCE OF REGULATIONS.— 
(1) IN GENERAL.—Subject to the limitation in paragraph 
(2), the Administrator shall issue, not later than 6 months 
after the date of the enactment of this Act, final disposal 
regulations. Such regulations shall be issued in a rulemaking 
proceeding conducted under section 553 of title 5, United States 
Code, except that sections 556 and 557 of such title shall 
not apply. 
(2) LIMITATION.—The regulations required by this sub-
section shall not be applicable to the characterization, licensing, 
construction, operation, or closure of any site required to be 
characterized under section 113(a) of Public Law 97-425. 
(c) ISSUANCE OF CRITERIA FOR CERTIFICATION OF COMPLIANCE 
WITH DISPOSAL REGULATIONS.— 
(1) PROPOSED CRITERIA.—Not later than 1 year after the 
date of the enactment of this Act, the Administrator shall, 
by rule pursuant to section 553 of title 5, United States Code, 
propose criteria for the Administrator's certification of compli-
ance with the final disposal regulations, and sections 556 and 
557 of such title shall not apply. 
(2) FINAL CRITERIA.—Not later than 2 years after the date 
of the enactment of this Act, the Administrator shall, by rule 
pursuant to section 553 of title 5, United States Code, issue 
final criteria for the Administrator's certification of compliance 
with the final disposal regulations, and sections 556 and 557 
of such title shall not apply. 
(d) DISPOSAL REGULATIONS.— 
(1) COMPLIANCE WITH DISPOSAL REGULATIONS.— 
(A) IN GENERAL.—The Secretary shall comply at WIPP 
with the final disposal regulations. Within 7 years of the 
date of the first receipt of transuranic waste at WIPP, 
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4787 
the Secretary shall submit to the Administrator an applica-
tion for certification of compliance with such regulations. 
(B) CERTIFICATION BY ADMINISTRATOR.—Within 1 year 
of receipt of the application under subparagraph (A), the 
Administrator shall certify, by rule pursuant to section 
553 of title 5, United States Code, whether the WIPP 
facility will comply with the final disposal regulations, 
and sections 556 and 557 of such title shall not apply. 
(C) JUDICIAL REVIEW.—Judicial review of the cer-
tification of the Administrator under subparagraph (B) 
shall not be restricted by the provisions of section 221 
c. of the Atomic Energy Act of 1954 (42 U.S.C. 2271(c)). 
(D) LIMITATION.—^Any certification of the Administrator 
under subparagraph (B) may only be made after the 
application is submitted to the Administrator under sub-
paragraph (A). 
(2) FAILURE TO CERTIFY.—^Except as provided in paragraph 
(3), if, upon the expiration of the 10-year period beginning 
on the date of the first receipt of transuranic waste at WIPP, 
the Administrator has not certified that the WIPP facility will 
comply with the final disposal regulations— 
(A) the Secretary shall implement the retrieval plan 
under section 10 and the decommissioning and post-
decommissioning plans under section 13; 
(B) following implementation of such plans, the land 
withdrawal made by section 3(a) shall terminate and the 
land shall be mismaged by the Secretary of the Interior 
through the Bureau of Land Management; and 
(C)(i) no pennit or variance issued with respect to 
test phase activities or disposal operations pursuant to 
section 3004 of the SoHd Waste Disposal Act (42 U.S.C. 
6924), or other applicable hazardous waste laws, with 
respect to WIPP, snail remain in effect later than 1 year 
after implementation of the retrieval plan; and 
(ii) all transuranic waste shall be removed from the 
State unless, prior to the expiration of such 1-year period, 
a new permit or variance is issued pursuant to section 
3004 of the Solid Waste Disposal Act (42 U.S.C. 6924), 
or other applicable hazardous waste laws. 
(3) EXTENSION OF DEADUNE.—The 10-year period in para-
graph (2) may be extended once by the Administrator for not 
more than 2 years, if the Administrator determines that addi-
tional time is necessary for the Administrator to complete the 
rulemaking under pgiragraph (1)(B) or for the Administrator's 
certification to become effective under this subsection. 
(e) CONFLICT RESOLUTION.—If the State disagrees with the 
Secretary's application under subsection (d)(1)(A), the State may 
invoke the conflict resolution provisions of the Agreement. 
(f) PERIODIC RECERTIFICATION.— 
(1) BY SECRETARY.—Not later than 5 years after the initial 
receipt of transuranic waste for disposal at WIPP, and every 
5 years thereafter until the end of the decommissioning phase, 
the Secretary shall submit to the Administrator and the State 
documentation of continued compliance with the final disposal 
regulations. 
(2) CONCURRENCE BY ADMINISTRATOR.—The Administrator 
shall, not later than 6 months after receiving a submission 
106 STAT. 4788 
PUBLIC LAW 102-579—OCT. 30, 1992 
under paragraph (1), determine whether or not the WIPP facil-
ity continues to be in compUance with the final disposal regula-
tions. A determination under this paragraph shall not be subject 
to rulemaking or judicial review. 
(g) ENGINEERED AND NATURAL BARRIERS, ETC.—The Secretary 
shall 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 the final disposal regulations. 
SEC. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULA-
TIONS. 
(a) IN GENERAL.— 
(1) APPLICABILITY.—Beginning on the date of the enactment 
of this Act, the Secretary shall comply with respect to WIPP, 
with— 
(A) the regulations issued by the Administrator 
establishing the generally applicable environmental stand-
ards for the management and storage of spent nuclear 
fuel, high-level radioactive waste, and transuranic radio-
active waste and contained 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 PubKc Health Service Act (42 
U.S.C. 300f et seq.; commonly referred to as the "Safe 
Drinking W^stGr A.ct"V 
(E) the Toxic Substances Control Act (15 U.S.C. 2601 
etseq.); 
(F) the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
(G) all other applicable Federal laws pertaining to 
public health and safety or the environment; and 
(H) all regulations promulgated, and all permit require-
ments, under the laws described in subparagraphs (B) 
through (G). 
Records- 
(2) PERIODIC OVERSIGHT BY ADMINISTRATOR AND STATE.— 
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, regula-
tions, and permit requirements described in paragraph (1) to 
the Administrator, and, with the law described in paragraph 
(1)(C), to the State. 
(3) DETERMINATION BY ADMINISTRATOR OR STATE.—^The 
Administrator or the State, 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 permit requirements described in 
paragraph (1) with respect to WIPP. 
(b) DETERMINATION OF NONCOMPLL\NCE DURING TEST PHASE.— 
(1) DETERMINATION BY ADMINISTRATOR.—If the Adminis-
trator determines at any time during the test phase that the 
WIPP facility does not comply with any law, regulation, or 
^ 
permit requirement described in subsection (a)(1), the Adminis-
trator shall request a remedial plan from the Secretary describ-
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4789 
ing actions the Secretary will take to comply with such law, 
regulation, or permit requirement. 
(2) CONSEQUENCES OF NONCOMPLIANCE.—If— 
(A) a remedial plan is not received from the Secretary 
within 6 months of a determination of noncompHgince under 
paragraph (1); or 
(B) the Administrator determines, by rule pursuant 
to section 553 of title 5, United States Code, that a remedial 
plan requested under paragraph (1) is inadequate to bring 
the WIPP facility into compliance; 
then the Secretary shall implement the retrieval plan under 
section 10 and the decommissioning and post-decommissioning 
plans under section 13, and, following implementation of such 
plans, the land withdrawal made by section 3(a) shall terminate 
and the land shall be managed by the Secretary of the Interior 
through the Bureau of Land Management. 
(c) 
DETERMINATION OF NONCOMPLIANCE DURING DISPOSAL 
PHASE AND DECOMMISSIONING PHASE.— 
(1) 
DETERMINATION 
BY 
THE 
ADMINISTRATOR.—If 
the 
Administrator determines at any time during the disposal phase 
or decommissioning phase that the WIPP facility does not com-
ply with any law, regulation, or permit requirement 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 law, regulation, or permit require-
ment, 
(2) CONSEQUENCES OF NONCOMPLIANCE.—If— 
(A) a remedial plan is not received from the Secretary 
within 6 months of a determination of noncompliance under 
paragraph (1); or 
(B) the Administrator determines, by rule pursuant 
to section 553 of title 5, United States Code, that a remedial 
plan requested under paragraph (1) is inadequate to bring 
the WIPP facility into compliance; 
then the Secretary shall retrieve, to the extent practicable, 
any transuranic waste and any material contaminated by such 
waste from underground 
at WIPP, and implement 
the 
decommissioning and post-decommissioning plans under section 
13. Following completion of such retrieval and implementation 
of such plans, the land withdrawal made by section 3(a) shall 
terminate and the land shall be managed by the Secretary 
of the Interior through the Bureau of Land Management. 
(d) SAVINGS PROVISION.—^The authorities provided to the 
Administrator and to the State pursuant to this section are in 
addition to the enforcement authorities available to the State pursu-
ant to State law and to the Administrator, the State, and any 
other person, pursuant to the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) and the Clean Air Act (40 U.S.C. 7401 et seq.). 
SEC. 10. RETRIEVABILITY. 
(a) REQUIREMENT OF RETRIEVABILITY.— 
(1) IN GENERAJL..—^Transuranic waste emplaced in WIPP 
for purposes of the test phase shall be retrievable during the 
test phase, and for such period of time subsequent to the 
test phase as may be needed to provide for its retrieval in 
| 
the event that— 
106 STAT. 4790 
PUBLIC LAW 102-579—OCT. 30, 1992 
Federal 
Register, 
publication. 
^ 
(A) the Secretary or the Administrator determines that 
WIPP does not comply with the final disposal regulations; 
(B) the transuranic waste needs to be retrieved for 
engineering modification or for repackaging for permanent 
disposal; or 
(C) such retrieval is necessary to protect the public 
health and safety and the environment. 
(2) ANNUAL DETERMINATION OF RETRIEVABILITY.—Beginning 
1 year after the initial emplacement of transuranic waste under-
ground at WIPP, and continuing annually throughout the test 
phase, the Secretary, after consultation with the Administrator, 
shall publish in the Federal Register the Secretary's determina-
tion of whether all such waste emplaced underground at WIPP 
remains, and will remain, fully retrievable during the test 
phase. 
(3) ANNUAL DEMONSTRATION OF RETRIEVABILITY.—^The Sec-
retary shsdl demonstrate, on an annual basis, in conjunction 
with the determination required in paragraph (2), that a sample 
of transuranic waste is retrievable. In making such dem-
onstration, the Secretary shall not take any action to affect 
the test phase. 
(4) FAILURE TO MAINTAIN RETRIEVABILITY.—Upon a deter-
mination by the Secretary under paragraph (2) that transuranic 
waste cannot remain retrievable, and that corrective action 
is not possible, the Administrator and the State may, pursuant 
to the authorities provided in the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.) or any other applicable hazardous 
waste law, take action to ensure the retrieval or removal of 
all transuranic waste in WIPP. 
(b) IMPLEMENTATION OF RETRIEVAL PLAN.—^The Secretary shall 
implement the retrieval plan or take corrective action to ensure 
the retrievability of transuranic waste in the event that a deter-
mination is made under subsection (a)(2) that the waste is not 
or will not otherwise remain retrievable. 
(c) CONFLICT RESOLUTION.—^The State may invoke the conflict 
resolution provisions of the Agreement if it determines that there 
is an insufficient basis for the Secretary's annual determination 
of retrievability or that the demonstration of retrievability does 
not ensure that transuranic waste will be retrievable. 
SEC. 11. MINE SAFETY. 
(a) MINE SAFETY AND HEALTH ADMINISTRATION.—The Mine 
Safety and Hegdth Administration of the Department of Labor shall 
inspect WIPP not less than 4 times each year and in the same 
manner as it evaluates mine sites under the Federal Mine Safety 
and Health Act of 1977 (30 U.S.C. 801 et seq.), and shall provide 
the results of its inspections to the Secretary, The Secretary shall 
make the results of such inspections publicly available and shall 
take necessary actions to ensure the prompt and effective correction 
of any deficiency, including suspending specific activities as nec-
essary to address identified health and safety deficiencies. 
(b) BUREAU OF MINES.—^The Bureau of Mines of the Department 
of the Interior shall prepare an annual evaluation of the safety 
ofWIPP. 
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4791 
SEC. 12. BAN ON HIGH-LEVEL RADIOACTIVE WASTE AND SPENT 
NUCLEAR FUEL. 
The Secretary shall not transport high-level radioactive waste 
or spent nuclear fuel to WIPP or emplace or dispose of such waste 
or fuel at WIPP. 
SEC. 13. DECOMMISSIONING OF WIPP. 
(a) PLAN FOR WIPP DECOMMISSIONING.—Within 5 years after 
the date of the enactment of this Act, the Secretary shall submit 
to the Congress, the State, the Secretary of the Interior, and the 
Administrator, a plan for the decommissioning of WIPP. In addition 
to activities required under the Agreement, the plan shall conform 
to the disposal regulations that apply to WIPP at the time the 
plan is prepared. The Secretary snail consult with the Secretary 
of the Interior and the State 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 shall develop a plan for the management 
and use of the Withdrawal following the decommissioning of WIPP 
or the termination of the land withdrawal. The Secretary shall 
consult with the Secretary of the Interior and the State in the 
preparation of such plan and shall submit such plan to the Con-
gress. 
SEC. 14. SAVINGS PROVISIONS. 
(a) CAA AND SWDA.—No provision of this Act may be construed 
to supersede or modify the provisions of the Clean Air Act (42 
U.S.Cf. 7401 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.). 
(b) EXISTING AUTHORITY OF EPA AND STATE.—No provision 
of this Act may be construed to limit, or in any manner affect, 
the Administrator's or the State's authority to enforce, or the Sec-
retary's obligation to comply with— 
(1) the Clean Air Act (42 U.S.C. 7401 et seq.); 
(2) the SoUd Waste Disposal Act (42 U.S.C. 6901 et seq.), 
including all terms and conditions of the No-Migration Deter-
mination; or 
(3) any other applicable clean air or hazardous waste law. 
SEC. 15. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS. 
(a) 15-YEAR AUTHORIZATION.—^There are authorized to be appro-
priated to the Secretaiy 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. 
(b) SUBSEQUENT ALTHORIZATIONS.—There are authorized to be 
appropriated to the Secretary, for payments to the State for any 
fiscal year after the last fiscal year to which subsection (a) applies, 
such sums as the Congress may, by law, authorize to be appro-
priated. 
(c) INFLATION ADJUSTMENT.— 
(1) IN GENERAI..—In the case of any fiscal year after the 
first fiscal year to which subsection (a) applies, the dollar 
amount specified in such subsection shall oe increased or 
decreased, as the case may be, by an amount equal to— 
(A) such dollar amount; multiplied by 
(B) the inflation increase or decrease determined under 
paragraph (2). 
106 STAT. 4792 
PUBLIC LAW 102-579—OCT. 30, 1992 
(2) CALCULATION OF INFLATION INCREASE OR DECREASE.— 
For purposes of paragraph (1), the inflation increase or decrease 
for any fiscal year is the percentage (if any) by which the 
inflation index for the preceding fiscal year is greater than 
or less than, as the case may be, the inflation index for the 
fiscal year prior to the first fiscal year to which subsection 
(a) applies. 
(3) INFLATION INDEX.—For purposes of paragraph (2), the 
inflation index for any fiscal year is the average of the 
Consumer Price Index (as published by the Department of 
Labor) for the 12 months in such fiscal year. 
(d) ELIGIBLE ASSISTANCE.—^A portion of the payments under 
this section— 
(1) shall be made available to units of local government 
in Lea and Eddy counties in the State; and 
(2) may also be provided for independent environmental 
assessment and economic studies associated with WIPP. 
SEC. 16. TRANSPORTATION. 
(a) SHIPPING CONTAINERS.—^No transuranic waste may be trans-
ported by or for the Secretary to or from WIPP, except in packages— 
(1) the design of which has been certified by the Nuclear 
Regulatory Commission; and 
(2) that have been determined by the Nuclear Regulatory 
Commission to satisfy its quality assurance requirements. 
The determination under paragraph (2) shall not be subject to 
rulemaking or judicial review. 
(b) NOTIFICATION.—In addition to activities required pursuant 
to the Supplemental Stipulated Agreement, prior to any transpor-
tation of transuranic waste by or for the Secretary to or from 
WIPP, the Secretary shall provide advance notification to States 
and Indian tribes through whose jurisdiction the Secretary plans 
to transport transuranic waste to or from WIPP. 
(c) ACCIDENT PREVENTION AND EMERGENCY PREPAREDNESS.— 
(1) TRAINING.— 
(A) IN GENERAL.—In addition to activities required pur-
suant to the Supplemental Stipulated Agreement, the Sec-
retary shall, to the extent provided in appropriation Acts, 
provide technical assistance and funds 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 trans-
Reports, 
uranic 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 Congress and to the States and 
Indian tribes through whose jurisdiction the Secretary 
plans to transport transuranic waste on the training pro-
vided through fiscal year 1992. 
(B) ONGOING TRAINING.—If determined by the Sec-
retary, 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 waste ship-
ments to or from WIPP have been terminated. 
(C) REVIEW OF TRAINING.—The Secretary shall periodi-
cally review the training provided pursuant to subpara-
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4793 
graph (A) in consultation with affected States and Indian 
tribes. The training shall also be reviewed by the Occupa-
tional Safety and Health Administration, and the National 
Institute for Occupational Safety and Health, for compli-
ance with part 1910.120 of title 29, Code of Federal Regiila-
tions. 
(D) COMPONENTS OF TRAINING.—The training shall 
cover procedures required for the safe routine transpor-
tation of transuranic waste, as well as procedures for deal-
ing with emergency response situations, including— 
(i) instruction of government officials and public 
safety officers in procedures for the command and con-
trol 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 waste being transported to or 
from WIPP; 
(iii) instruction of radiological protection and emer-
gency medical personnel in procedures for responding 
to an incident involving transuranic waste being trans-
ported to or from WIPP; and 
(iv) a program to provide information to the public 
about the transportation of transuranic waste to or 
from WIPP. 
(2) EQUIPMENT.—The Secretary shall enter into agreements 
to assist States through monetary grants or contributions in-
kind, to the extent provided in appropriation Acts, in acquiring 
equipment for response to an incident involving transureinic 
waste transported to or from WIPP. 
(d) TRANSPORTATION SAFETY PROGRAMS.—The Secretary shall, 
to the extent provided in appropriation Acts, provide in-kind, finan-
cial, technical, and other appropriate assistance to any State or 
Indian tribe through whose juriscfiction the Secretary plans to trans-
port transuranic waste to or from WIPP, for the purpose of WIPP-
specific transportation safety programs not otherwise addressed 
in this section. These programs shall be developed with, and mon-
itored by, the Secretary. 
(e) SANTA F E BYPASS.—No transuranic waste may be trans-
ported from the Los Alamos National Laboratory to WIPP until— 
(1) an amount of funds sufficient to construct the Santa 
Fe bjrpass has been made available to the State; 
(2) the Santa Fe bypass has been completed; or 
(3) the Administrator has made the certification required 
under section 8(d)(1)(B). 
(f) STUDY OF TRANSPORTATION ALTERNATIVES.— 
(1) IN GENERAL,,—^The Secretary shall conduct a study com-
paring the shipment of transuranic waste to the WIPP facility 
by truck £ind 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; 
and 
(C) an estimation of comparative costs. 
Grants. 
Reports. 
106 STAT. 4794 
PUBLIC LAW 102-579—OCT. 30, 1992 
(2) REPORT.—^The report required in paragraph (1) shall 
be submitted to the Congress not later than 1 year after the 
date of the enactment of this Act. 
(g) EMERGENCY RESPONSE MEDICAL TRAINING.— 
(1) DETERMINATION OF SECRETARY.—If the Secretary deter-
mines 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 £ind, if necessary, suspend transpor-
tation of such transuranic waste. If the State disagrees with 
the Secretary's determination under this paragraph, the State 
may invoke the conflict resolution provisions of the Agreement. 
(2) STATE ADVISORY GROUP.—^The Secretary shall encourage 
the Governor of the State to appoint, within 30 days after 
the date of the enactment of this Act, an advisory group of 
health professionals and other experts in the field to review 
emergency response medical training programs for incidents 
involving transuranic waste being transported to or from WIPP. 
If such advisory group is established— 
(A) its purpose shall be to review, within 60 days 
after its establishment and annually thereafter, the Depart-
ment of Energy's emergency response medical training pro-
grams for incidents involving transuranic waste being 
transported to or from WIPP, and to report its findings 
to the State, the Secretary of Labor, acting through the 
Occupational Safety and Health Administration, and the 
Secretary; and 
(B) the Secretary shall review the findings of the 
advisory group in consultation with the Secretary of Labor, 
acting through the Occupational Safety and Health 
Administration. 
SEC. 17. ACCESS TO INFORMATION. 
(a) IN GENERAL.—The Secretary shall— 
(1) provide the State, the National Academy of Sciences, 
and the EEG with free and timely access to data relating 
to 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 environ-
mental issues at WIPP with expert panels and peer review 
groups. 
(b) EVALUATION AND PUBLICATION.—The State, the National 
Academy of Sciences, and the EEG may evaluate and publish analy-
ses of the Secretar3^s plans for test phase activities, monitoring, 
transportation, operations, decontamination, retrieval, performance 
assessment, compliance with Environmental Protection Agency reg-
ulations, decommissioning, safety analyses, and other activities 
relating to WIPP. 
(c) CONSULTATION AND COOPERATION.—^The Secretary shall con-
sult and cooperate with the EEG under the terms of Contract 
No. DE-AC04-89AL58309 in the performance of its responsibility 
to conduct an independent technical review and evaluation of WIPP 
under section 1433 of the National Defense Authorization Act, 
Fiscal Year 1989 (102 Stat. 2073). 
PUBLIC LAW 102-579—OCT. 30, 1992 
106 STAT. 4795 
SEC. 18. JUDICIAL REVIEW OF EPA ACTIONS. 
A civil action for judicial review of any final action of the 
Administrator under this Act may be brought only in the United 
States Court of Appeals for the Tenth Circuit or for the District 
of Columbia, and shall be brought not later thein the 60th day 
after the date of such final action. 
SEC. 19. TECHNOLOGY STUDY. 
Within 3 years after the date of the enactment of this Act, 
the SecretEiry shall 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. The 
study shall include an identification of technologies involving the 
use of chemical, physiced, and thermal (including plasma) processing 
techniques. 
SEC. 
20. 
STATEMENT 
FOR 
PURPOSES 
OF 
PUBLIC 
LAW 
9
6
-
1
6
4
. 
For purposes of subsection (c) of 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. 1265), 
this Act shall be considered to amend such section. 
SEC. 
21. 
CONSULTATION 
AND 
COOPERATION 
AGREEMENT. 
Nothing in this Act shall affect the Agreement or the Supple-
mental Stipulated Agreement between the State and the United 
States Department of Energy except as explicitly stated herein. 
SEC. 22. BUY AMERICAN REQUIREMENTS. 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—NO funds appro-
priated or tr£insferred pursuant to this Act may be expended by 
an entity unless the entity agrees that in expencUng the assistance 
the entity will comply with sections 2 through 4 of the Act of 
March 3, 1933 (41 U.S.C. lOa-lOc, popularly known as the "Buy 
American Act"). 
(b) PURCHASE OF ^^MERICAN-MADE EQUIPMENT AND PROD-
UCTS.— 
(1) IN GENERAL.—In the case of any equipment or product 
that may be authorized to be purchased with financial assist-
ance 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 prod-
ucts. 
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing 
financial assistance imder this Act, the Secretary shall provide 
to each recipient of the assistance a notice describing the state-
ment made in paragraph (1) by the Congress. 
SEC. 23. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) FOR ADMINISTRATOR.— 
(1) IN GENERAL.—^There are authorized to be appropriated 
to the Administrator for the purpose of fulfilling the responsibil-
ities 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 Sep-
tember 30, 1993, and annually thereafter, issue a report to 
the Congress on the status of and resources required for the 
106 STAT. 4796 
PUBLIC LAW 102-579—OCT. 30, 1992 
fulfillment of the Administrator's responsibilities under this 
Act. 
(b) TRANSFERS FROM SECRETARY TO ADMINISTRATOR AND SEC-
RETARY OF LABOR.—^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 yeeirs 1994 through 2001, 
such sums as may be necessary to fulfill the responsibilities of 
the Administrator under this Act and the Secretary of Labor under 
paragraphs (4) and (6) of section 6(b). 
Appropriation 
(c) ACQUISITION OF LEASEHOLD.—^There are authorized to be 
authorization. 
appropriated to the Secretary such sums as may be necessary 
to acquire the Federal Oil and Gas Leases No. NMNM 02953 
and No. NMNM 02953C. 
Approved October 30, 1992. 
LEGISLATIVE HISTORY—S. 1671 (H.R. 2637): 
HOUSE REPORTS: No. 102-241, Pt. 1 (Comm. on Interior and Insular Affairs), Ft. 2 
(Comm. on Armed Services), and Pt. 3 (Comm. on Energy and 
Commerce) all accompanying H.R. 2637, and No. 102-137 
(Comm. of Conference). 
SENATE REPORTS: No. 102-196 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Nov. 5, considered and passed Senate. 
Vol. 138 (1992): July 21, H.R. 2637 considered and passed House; S. 1671, 
amended, passed in lieu. 
Oct. 5, House agreed to conference report. 
Oct. 8, Senate agreed to conference report.