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





                                                 Union Calendar No. 307

104th CONGRESS

  2d Session

                               H. R. 1663

                      [Report No. 104-540, Part I]

_______________________________________________________________________

                                 A BILL

     To amend the Waste Isolation Pilot Plant Land Withdrawal Act.

_______________________________________________________________________

                             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





                                                 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 
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

                             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 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 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 paragraph (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), respectively, 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 Disposal Operations.--The 
Secretary may commence emplacement of transuranic waste underground for 
disposal at WIPP only upon completion of--
            ``(1) the Administrator's certification under section 
        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 required.''.

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 Withdrawal Amendment Act, the 
                Secretary shall provide 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 receipt 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 application has 
        been''.
    (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(g).--Section 8(g) is amended to read as follows:
    ``(g) Engineered and Natural Barriers, Etc.--The Secretary shall 
use both engineered and natural barriers and any other measures to the 
extent necessary at WIPP to comply with final disposal regulations.''.

SEC. 8. 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) Section 9(c).--Subsection (c) of section 9 is repealed.
    (d) Section 14.--Section 14 is amended--
            (1) in subsection (a), by striking ``No provision'' and 
        inserting ``Except for the exemption from the land disposal 
        restrictions described in section 9(a)(1), no provision''; and
            (2) in subsection (b)(2), by striking ``including all terms 
        and conditions of the No-Migration Determination'' and 
        inserting ``except that the transuranic mixed waste designated 
        by the Secretary for disposal 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 transuranic 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) Management Plan 
        for the Withdrawal After Decommissioning.--Within 5 years after 
        the date of the enactment 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 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. 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 receive transuranic waste from the 
        Secretary which did not result from a defense activity.''.