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102nd Congress > House > Vote 705
Clerk session vote number: 288
Sponsor: KOSTMAYER, Peter Houston (D-PA)
Description: WALKER
Bill summary: Waste Isolation Pilot Plant Land Withdrawal Act - Withdraws specified lands in New Mexico from all forms of entry, appropriation, and disposal under the general land laws (including mineral leasing, geothermal, material sale, and mining laws). Reserves the withdrawn lands for use by the Secretary of Energy for conducting test phase activities, and for authorized activities associated with Waste Isolation Pilot Plant project (WIPP) purposes set forth in the Department of Energy National
Security and Military Applications of Nuclear Energy Authorization Act of 1980 (thus making the land withdrawal permanent). Revokes specified public land orders made inconsistent by this Act.
Confers management responsibility upon the Secretary of the Interior for such lands' withdrawal, and directs him to: (1) consult with the Secretary of Energy and the State of New Mexico in discharging such responsibilities; and (2) develop and submit to the State of New Mexico and certain congressional committees a management plan for the use of the Withdrawal until the end of the decommissioning phase. States that WIPP-related uses of the Withdrawal shall take priority over other non-WIPP related uses. Prescribes grazing, hunting and trapping guidelines. Directs the Secretary of the Interior to dispose of salt tailings extracted from the Withdrawal that the Secretary of Energy determines are not needed for backfill at WIPP. Proscribes any form of mining (including slant drilling from outside boundaries) on any Withdrawal lands.
Authorizes the Secretary of Energy to close Withdrawal lands to the public for health and safety, or common defense and security reasons.
Requires the Secretary of Energy (Secretary) to review annually (and revise as necessary) WIPP Test Phase Plan to ensure that all proposed activities are necessary to demonstrate that the WIPP facility will comply with final disposal standards. Conditions the plan's approval by the Administrator of the Environmental Protection Agency (EPA) upon a determination that the plan's proposed activities are necessary to demonstrate that the WIPP facility is in compliance with EPA disposal standards. Requires the Secretary to submit for the Administrator's review a detailed retrieval plan to be implemented by the Secretary in the event of noncompliance during the test phase with disposal standards of this Act or certain hazardous waste regulations. Requires such plan to include specific plans for the interim management and storage of removed waste, including storage location. Mandates that the test phase plan and retrieval plan be submitted by the Secretary to the State of New Mexico for its review. Provides for conflict resolution procedures if the State of New Mexico disagrees with any plan aspect.
Requires the Secretary to fully characterize all transuranic radioactive waste types at all sites from which wastes are to be shipped to WIPP. Requires characterization results to be reflected in test phase plan revisions as a prerequisite to the Administrator's certification.
Sets forth requirements and limitations with respect to test phase activities, including the requirement that the Secretary of Labor review and certify that Department of Energy (DOE) emergency response training programs applicable to WIPP comply with specified Federal regulations. Limits the quantity of waste the Secretary may transport to WIPP to the lesser of: (1) 4,250 55-gallon drums; or (2) one-half of one percent of WIPP total capacity.
Prohibits the transportation to or emplacement at WIPP of remote-handled transuranic radioactive waste during the test phase.
Directs the Secretary to study remote-handled transuranic radioactive waste and its impact upon WIPP performance assessment. Requires the Secretary to submit annual certifications that all waste emplaced underground at WIPP remains fully retrievable during the test phase. Conditions the emplacement of transuranic radioactive waste in mined rooms in the underground repository at WIPP to conduct test phase activities upon certification by the Secretary of the Interior that such rooms will remain stable and safe to permit uninterrupted testing for the duration of such activities. Requires that, if the Administrator has not certified by a specified deadline that the WIPP facility will comply with the disposal standards, either the Secretary of Energy or the Secretary of the Interior implement the retrieval plan and the decommissioning and post-decommissioning plans provided for in this Act. Sets forth guidelines for disposal operations involving remote-handled and contact-handled transuranic radioactive waste in WIPP. Limits disposal to: (1) 5,600,000 cubic feet of contact-handled waste; and (2) 95,000 cubic feet of remote-handled waste.
Directs the EPA Administrator to issue final environmental standards for the disposal of spent fuel, high-level, and transuranic radioactive waste.
Directs the Secretary to: (1) comply with all applicable environmental protection and public health and safety laws during the testing, operations, and decommissioning phases with respect to WIPP; and (2) submit biennially to the State of New Mexico documentation of continued compliance with its regulatory requirements (and with those of the Administrator).
Sets forth requirements for underground emplacement at WIPP of transuranic radioactive waste. Directs the Secretary to use both engineered and natural barriers at WIPP to isolate transuranic radioactive waste after disposal. Prescribes procedures for requiring a remedial plan or retrieval of waste in the event of the Secretary's noncompliance with regulatory requirements during the operations and decommissioning phases. Prohibits the Secretary from transporting high-level radioactive waste or spent nuclear fuel to WIPP, or emplacing or disposing of them at WIPP.
Directs the Secretary to submit a WIPP decommissioning plan to specified congressional committees, the Administrator, the State of New Mexico, and the Secretary of the Interior. Directs the Secretary of the Interior to develop a post-decommissioning management and use plan for the Withdrawal.
Provides for impact assistance payments and payments to local governments (including medical emergency preparedness payments). Requires the use of a portion of all payments received by New Mexico to establish a Socioeconomic Impact Monitoring Group within the Waste Management Education and Research Consortium to undertake an annual review of WIPP activities.
Directs the Secretary to encourage WIPP-related business and employment opportunities conducive to the economy of New Mexico, and to report annually to the State on such activities.
Prohibits WIPP-related transuranic radioactive waste transportation except in packages that have been certified by the Nuclear Regulatory Commission and have satisfied its quality assurance provisions.
Directs the Secretary to provide training and technical assistance for accident prevention and emergency management to any State or Indian tribe through whose jurisdiction DOE will transport WIPP-related transuranic radioactive waste during the Withdrawal period.
Proscribes the transportation of transuranic radioactive waste from the Los Alamos National Laboratory until the Santa Fe bypass has been completed, or funds for its construction have been appropriated.
Directs the Secretary to study and report to the Congress on a comparison of the shipment of transuranic radioactive waste to the WIPP by truck and by rail. Requires such report to include findings and recommendations regarding: (1) the most appropriate transuranic radioactive waste transportation routes to WIPP; and (2) measures to minimize potential risks to public health, safety, and the environment along such routes. Directs the Secretary to: (1) implement such recommendations in consultation with affected States and Indian tribes; and (2) certify such implementation to the Congress before transporting transuranic waste to WIPP for disposal. Allocates specified sums for such study from DOE research and development appropriations.
Requires the Secretary to grant the Environmental Evaluation Group (EEG) access to WIPP-related data, reports and meetings. Authorizes the EEG to evaluate and publish analyses of the Secretary's WIPP-related activities. Directs the Secretary to consult and cooperate with the EEG in implementing this Act.
Authorizes appropriations to the Administrator through FY 2001 to fulfill his or her responsibilities under this Act. Requires the Administrator to submit annual status reports to certain congressional committees. Authorizes the Secretary of Energy to transfer sums from amounts appropriated for environmental restoration and waste management to assist the Administrator to fulfill his responsibilities under this Act and the Mine Safety and Health Administration.
Authorizes appropriations for acquisition of a specified potash leasehold within the Withdrawal.
Conditions the expenditure of funds under this Act upon the recipient's agreement to comply with the provisions of the Buy American Act. Expresses the sense of the Congress that such recipients should purchase only American-made equipment and products. Directs the Secretary to notify each recipient of this expectation.
Bill titles: To withdraw lands for the Waste Isolation Pilot Plant, and for other purposes.
Links for more info on the vote: congress.gov
