[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1663 Introduced in House (IH)]







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 
following bill; which was referred to the Committee on Commerce, and in 
  addition to the Committee on National Security, for a period to be 
subsequently 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 Representatives 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 provided, 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 
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    Paragraphs (18) and (19) of section 2 are repealed.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    Section 5 is repealed.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 subsection (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 subsection (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 application 
                under subparagraph (A), the Administrator shall provide 
                the Secretary with any comments on the Secretary's 
                application. Within one month of the receipt of such 
                comments, the Secretary shall, to the extent 
                practicable, incorporate 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 committees of 
                jurisdiction in the House of Representatives and the 
                Senate.''.
    (b) Section 8(d) (2), (3).--Section 8(d) is amended by striking 
paragraphs (2) and (3), by striking ``(1) Compliance with disposal 
regulations.--'', and by redesignating subparagraphs (A), (B), (C), and 
(D) of paragraph (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 follows:
            ``(2) Review by the administrator.--The Administrator 
        shall, not later than 6 months after receiving a submission 
        under paragraph (1), comment on whether or not the WIPP 
        facility continues to be in compliance with the final 
        disposition regulations.''.
    (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 restrictions 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 repealed.
    (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) Management Plan 
        for the Withdrawal After Decommissioning.--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 enactment of the Waste Isolation Pilot Plant Land 
        Withdrawal Amendment Act'', and
            (2) by adding at the end the following: ``An appropriation 
        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 capacity prescribed by 
        paragraph (4), WIPP may receive transuranic waste from the 
        Secretary which did not result from a defense activity.''.
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