Waste Isolation Pilot Plant Withdrawal Act

Summary

Waste Isolation Pilot Plant Land Withdrawal Act - Withdraws specified lands in New Mexico for a maximum ten-year period 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 Reserves the withdrawn lands for use by the Secretary of Energy (the Secretary) for conducting test phase activities. Revokes specified administrative land withdrawal orders issued by the Secretary of the Interior. Confers management responsibility upon the Secretary of the Interior for such lands' withdrawal, and directs him to: (1) consult with the Secretary 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 uses related to the Waste Isolation Pilot Plant Land Withdrawal (WIPP) 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 determines are not needed for backfill at WIPP. Proscribes any form of mining (including slant drilling from outside boundaries) on 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 to review annually (and revise as necessary) the WIPP Test Phase Plan Performance Assessment, including a plan for any test phase activity to be conducted at WIPP. Conditions the plan's approval by the Administrator of the Environmental Protection Agency (EPA) upon a finding 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 under it. Mandates that the test phase plan and the 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. Sets forth requirements and limitations with respect to test phase activities. Prescribes guidelines for contact-handled and remote-handled transuranic radioactive waste operations in WIPP. Directs the Administrator to issue 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 phase with respect to WIPP; and (2) submit biennially to the State of New Mexico documentation of continued compliance with its regulatory requirements (and those of the Administrator). Prescribes remedial procedures in the event of the Secretary's noncompliance with regulatory requirements during the testing, operations and decommissioning phases. Prohibits the Secretary from transporting high-level radioactive waste to WIPP, or from emplacing or disposing of it at WIPP. Authorizes appropriations for acquisition of a potash leasehold within the Withdrawal. 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. Declares that this Act does not affect the authority of the State of New Mexico under the Solid Waste Disposal Act. 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. Provides for impact assistance payments and payments to local governments (including medical emergency preparedness payments). Allocates appropriations for economic impact monitoring functions. Prohibits WIPP-related transuranic radioactive waste transportation: (1) except in packages that have been certified by the Nuclear Regulatory Commission and have satisfied its quality assurance provisions; or (2) 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 request the National Academy of Sciences to study and report to the Congress a comparison of the shipment of transuranic radioactive waste to the WIPP by truck and by rail.

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Documents

7 official files

• Reported in House (text)

  Reported in House · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Passed House amended

  summary · EN · 21 July 1992

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• Reported to House amended, Part III

  summary · EN · 27 November 1991

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• Reported to House amended, Part II

  summary · EN · 26 November 1991

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• Reported to House amended, Part I

  summary · EN · 7 October 1991

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• Introduced in House

  summary · EN · 13 June 1991

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