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104th Congress                                            Rept. 104-540
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 1
_______________________________________________________________________


 
       WASTE ISOLATION PILOT PLANT LAND WITHDRAWAL AMENDMENT ACT
                                _______


                 April 25, 1996.--Ordered to be printed

                                _______


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 1663]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 1663) to amend the Waste Isolation Pilot Plant Land 
Withdrawal Act, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     4
Hearings.........................................................     6
Committee Consideration..........................................     6
Rollcall Votes...................................................     6
Committee Oversight Findings.....................................     7
Committee on Government Reform and Oversight.....................     7
New Budget Authority and Tax Expenditures........................     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Estimate.............................     8
Inflationary Impact Statement....................................    10
Advisory Committee Statement.....................................    10
Section-by-Section Analysis of the Legislation...................    10
Changes in Existing Law Made by the Bill, as Reported............    12

                               Amendment

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.''.

                          Purpose and Summary

     The purpose of H.R. 1663, the Waste Isolation Pilot Plant 
Land Withdrawal Amendment Act, is to eliminate outdated 
statutory requirements for, and expedite the commencement of, 
operations at the Waste Isolation Pilot Plant (WIPP). The WIPP 
is the nation's first repository for the permanent disposal of 
transuranic materials.

                   Background and Need for Legislation

I. Transuranic Waste

     Transuranic (TRU) elements--those with a periodic table 
value greater than uranium--are generally man-made products 
synthesized in laboratory conditions. The primary use of TRU 
materials in the U.S. is for the defense nuclear weapons 
program. Most TRU waste consists of ``trash,'' such as 
protective clothing, lab instruments, and equipment which has 
been contaminated by TRU isotopes. TRU waste is differentiated 
from other radioactive materials by the presence of TRU 
particles, which have gross radiation levels that are much 
lower than high-level wastes. The greatest danger from TRU 
waste is not from its effects on the body or from ingestion, 
but from inhalation of particles or entry into the bloodstream.
     As a result, over 97 percent of TRU waste can be safely 
handled if shielded in an appropriate waste container, 
generally a 55-gallon steel drum or other steel container. The 
remaining three percent of TRU wastes must be handled remotely, 
due primarily to the presence of non-TRU radioactive materials 
which contain beta and gamma radiation which can penetrate 
standard steel containers and require additional shielding for 
transportation and storage. TRU wastes are currently stored on-
site at generating facilities, with a vast majority of these 
wastes being located at 10 different Department of Energy 
sites. Until 1970, TRU waste was disposed of in a manner 
similar to that used for low-level radioactive wastes, usually 
by burial in shallow earth trenches.

II. The Waste Isolation Pilot Plant

     In 1970, the Atomic Energy Commission (forerunner of the 
Department of Energy) determined that TRU wastes should be 
handled in a more comprehensive fashion, and began siting 
studies which resulted in the decision to construct a facility 
about 26 miles east of Carlsbad, New Mexico. Congress 
authorized the construction of the WIPP in 1979 as part of the 
Department of Energy National Security and Military Application 
of Nuclear Energy Authorization Act (P.L. 96-164). Construction 
of the facility, located in a salt formation about 2,100 feet 
below the earth's surface, began shortly thereafter. In 1992, 
Congress passed the Waste Isolation Pilot Plant Land Withdrawal 
Act (P.L. 102-579) to transfer ownership of the land 
surrounding WIPP to the Department of Energy (DOE), and 
authorized the Department to begin underground experiments 
using TRU waste.
     In October of 1993, DOE announced that it would forego on-
site testing of waste at WIPP in favor of laboratory testing at 
the Sandia National Laboratories to determine the site's 
suitability for disposing of TRU waste. This testing was 
accomplished through a ``performance assessment'' of the WIPP, 
which utilizes a combination of non-waste tests at the site and 
laboratory mathematical models, and accurately predicts the 
behavior of wastes to be stored at WIPP. The Environmental 
Protection Agency (EPA) and the National Academy of Sciences 
supported DOE's decision to switch from on-site testing to 
laboratory testing. Additionally, a December 1994 report by the 
U.S. General Accounting Office, entitled ``Nuclear Waste: 
Change in Test Strategy Sound, but DOE Overstated Savings,'' 
concluded that the DOE testing strategy, in lieu of on-site 
testing, would accurately predict waste behaviors at WIPP and 
would conclusively determine WIPP site suitability.

III. Steps to Progress

     Operation of WIPP is a crucial step to the environmental 
remediation of TRU waste at facilities throughout the DOE 
weapons complex. The primary waste sites, along with current 
estimates of TRU wastes contained at each site, are listed 
below:


                                               Waste Volume (cubic feet)
DOE Generator Site:
Hanford Site, WA........................................       2,693,000
Idaho National Engineering Laboratory, ID...............       1,232,000
Savannah River Plant, SC................................       1,037,000
Los Alamos National Laboratory, NM......................         661,000
Rocky Flats Site, CO....................................         248,000
Oak Ridge National Laboratory, TN.......................          84,000
Lawrence Livermore National Laboratory, CA..............          32,000
Nevada Test Site, NV....................................          22,000
Mound Laboratory, OH....................................           9,000
Argonne National Laboratory, IL.........................           1,000

    As WIPP is to serve as the permanent repository for the TRU 
wastes at these sites and nine other sites with lesser waste 
volumes, the environmental remediation of these sites is 
dependent upon the opening of WIPP. Delays in opening the WIPP 
facility have contributed to a lack of movement on cleanup at 
these sites.
    Construction of WIPP was completed in 1991. Opening the 
facility has been delayed since that time by several factors, 
including certification of compliance with applicable 
environmental regulations by the U.S. Environmental Protection 
Agency. One issue of contention has been the applicability of 
regulations under the Solid Waste Disposal Act (42 USC 6901-
6991i) at WIPP. Currently, it is anticipated that WIPP will be 
subject to four major regulatory schemes: (1) 40 CFR Part 191: 
Environmental Radiation Protection Standards for Management and 
Disposal of Spent Nuclear Fuel, High-Level and Transuranic 
Radioactive Wastes; (2) 40 CFR Part 194: Criteria for the 
Certification and Determination of the Waste Isolation Pilot 
Plant's Compliance with Environmental Standards for the 
Management and Disposal of Spent Nuclear Fuel, High-Level and 
Transuranic Radioactive Wastes; (3) 40 CFR Part 264: Standards 
for Owners and Operators of Hazardous Waste Treatment, Storage 
and Disposal Facilities; and (4) 40 CFR Part 268: Land Disposal 
Restrictions. According to the Department of Energy's own 
estimates, complying with the overlapping requirements of 40 
CFR Part 268: Land Disposal Restrictions could add up to an 
additional $500 million in operating costs at WIPP over the 
life of the facility.
    The December 1994 GAO report questioned DOE's assertion 
that it could open the facility by its announced January 1998 
deadline, determining that a January 2000 opening was more 
likely. Since the release of the GAO report, DOE has revised 
its schedule for opening WIPP, anticipating a June 1998 opening 
for contact-handled waste, and a post-2000 date for remotely-
handled TRU waste operation. With broad agreement that in-situ 
testing will not be necessary to make a site suitability 
determination, it is important to remove statutory hurdles 
related to in-situ testing.

                                Hearings

    The Subcommittee on Energy and Power held a hearing on July 
21, 1995, to examine possible revisions to the Waste Isolation 
Pilot Plant Land Withdrawal Act proposed by Representative 
Skeen in H.R. 1663. Witnesses at the hearing included 
Representative Joe Skeen; Mr. George Dials, Manager, Carlsbad 
Area Office, U.S. Department of Energy; Ms. Ramona Trovato, 
Director, Office of Radiation and Indoor Air, U.S. 
Environmental Protection Agency; Ms. Bernice Steinhardt, 
Associate Director, Energy and Science Issues, U.S. General 
Accounting Office; Ms. Jennifer Salisbury, Secretary of Energy, 
Minerals and Natural Resources, State of New Mexico; Mr. 
Lindsay Lovejoy, Attorney, Office of the Attorney General, 
State of New Mexico; The Honorable Gary Perkowski, Mayor, City 
of Carlsbad; Mr. Don Hancock, Director, Nuclear Waste Safety 
Project, Southwest Research and Information Center; and Mr. 
Stephen P. Winston, Vice President for Technical Integration 
and Mission Development, Lockheed Martin.

                        Committee Consideration

    On July 28, 1995, the Subcommittee on Energy and Power met 
in open markup session to consider H.R. 1663, the Waste 
Isolation Pilot Plant Land Withdrawal Amendment Act. The 
Subcommittee approved H.R. 1663 for Full Committee 
consideration, without amendment, by a voice vote, a quorum 
being present.
    On March 13, 1996, the Committee met in open markup session 
and ordered H.R. 1663 reported to the House, as amended, by a 
voice vote, a quorum being present.

                             Rollcall Votes

     Clause 2(l)(2)(B) of rule XI of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto. There were no recorded votes taken in connection with 
ordering H.R. 1663 reported or in adopting the amendments. The 
voice votes taken in Committee are as follows:

   COMMITTEE ON COMMERCE--104TH CONGRESS VOICE VOTES (MARCH 13, 1996)

    Bill: H.R. 1663, Waste Isolation Pilot Plant Land 
Withdrawal Amendment Act
    Amendment: Amendment in the Nature of a Substitute by Mr. 
Schaefer
    Disposition: Agreed to, without amendment, by a voice vote
    Amendment: Amendment to the Schaefer Amendment in the 
Nature of a Substitute by Mr. Richardson re: provides that the 
Resource Conservation and Recovery Act applies fully to WIPP 
unless EPA finds through a public rulemaking that the no-
migration rules are not necessary to protect human health and 
the environment.
    Disposition: Not agreed to, by a voice vote
    Motion: Motion by Mr. Bliley to order H.R. 1663, as 
amended, reported to the House
    Disposition: Agreed to, by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee states 
that H.R. 1663 would result in no new or increased budget 
authority or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 1996.
Hon. Thomas J. Bliley, Jr.
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1663, the Waste 
Isolation Pilot Plant Land Withdrawal Amendment Act, as ordered 
reported by the House Committee on Commerce on March 13, 1996.
    The bill would not affect direct spending or receipts and 
thus would not be subject to pay-as-you-go procedures under 
section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                             James L. Blum,
                                   (For June E. O'Neill, Director).

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 1663.
    2. Bill title: Waste Isolation Pilot Plant Land Withdrawal 
Amendment Act.
    3. Bill status: As ordered reported by the House Committee 
on Commerce on March 13, 1996.
    4. Bill purpose: The bill would amend portions of the Waste 
Isolation Pilot Plant (WIPP) Land Withdrawal Act. Specifically, 
H.R. 1663 would: expedite the disposal phase of the transuranic 
(TRU) waste, direct the Secretary of Energy to decide by 
November 30, 1997, whether to use the WIPP facility, exempt 
WIPP from certain laws and regulations governing land disposal, 
eliminate both the need for a decommissioning plan and a time 
limit for completing a plan for land management once 
decommissioning of WIPP is complete, and require less frequent 
reports.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the entire amounts authorized, H.R. 1663 would 
increase discretionary spending by about $30 million in 1997 
and reduce spending by $15 million in 1998 and about $4 million 
a year thereafter. The budgetary effects of the legislation are 
summarized below:

                                                                                                                
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1996     1997     1998     1999     2000     2001 
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Spending under current law:                                                                                     
    Budget Authority/Authorizations \1\...................      345      355      366      377      388      400
    Estimated Outlays.....................................      340      350      361      372      383      394
Proposed changes:                                                                                               
    Estimated Authorization Level.........................        0       30      -15       -4       -4       -4
    Estimated Outlays.....................................        0       18       -1       -5       -5       -4
Spending under the bill:                                                                                        
    Estimated Authorization Level \1\.....................      345      385      351      373      384      396
    Estimated Outlays.....................................      340      368      362      367      378      390
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 figure is the amount already appropriated.                                                         


    6. Basis of estimate: CBO estimates that enactment of H.R. 
1663 would cost $30 million in budget authority in 1997 and 
would save $27 million over the 1998-2001 period. The estimate 
assumes that, if the bill is enacted, the WIPP facility would 
begin receiving waste early in fiscal year 1998--a speed-up of 
about six months. Opening the WIPP facility earlier would 
increase costs, while exempting DOE from several regulations 
and modifying certain reporting requirements would contribute 
the estimated savings. The estimate assumes enactment of the 
bill by October 1, 1996, and appropriation of the authorized 
amounts for each fiscal year. CBO used historical spending 
rates for estimating outlays.
    In 1997, DOE would need $30 million for paying economic 
assistance to the State of New Mexico, for complying with 
current regulatory laws, and for preparing the site for earlier 
use. The bill would authorize appropriations for the economic 
assistance to be effective on the date of enactment of the bill 
in contrast to current law, which authorizes appropriations 
beginning in the fiscal year of the first shipment of 
transuranic waste to the WIPP site. The amount of the 
authorization--15 annual payments of $20 million, adjusted for 
inflation--would remain the same. This payment would replace 
the one planned for the year 2013. According to DOE, an 
additional $10 million would be needed in 1997 instead of 1998 
to comply with certain reporting and other legal requirements 
and to prepare the site for use six months earlier than 
planned.
    In 1998, the bill would save about $15 million because: DOE 
would need about $3 million more to operate WIPP six months 
earlier. DOE would bear $10 million of costs in 1997 instead of 
1998. The bill would exempt WIPP from certain regulations (40 
CFR Part 191) governing waste disposal on land. According to 
DOE, this exemption would lead to savings in 1998 of at least 
$5 million, with additional savings possible depending on 
conditions the Environmental Protection Agency (EPA) would 
impose under current law. DOE would have the option of using 
engineered or natural barriers to isolate the TRU waste instead 
of using both as required by current law. According to DOE, 
this change would save at least $3 million annually over the 
1998-2001 period.
    After 1998, the bill would save approximately $4 million 
annually because of lower cost barriers and reduced reporting 
requirements.
    After 2001, some federal facilities for storing waste could 
cease operations up to one year earlier than planned because 
the WIPP facility would open earlier.
    7. Estimated impacts on State, local, and tribal 
governments: The bill does not contain intergovernmental 
mandates as defined by Public Law 104-4, and would not impose 
direct costs on state, local, or tribal governments. The bill 
would change current law regarding the authorization of 
appropriations for economic assistance for the state of New 
Mexico. This change would allow New Mexico to begin receiving 
assistance in fiscal year 1997 rather than fiscal year 1998.
    Current law authorizes appropriations for fifteen annual 
payments $20 million (adjusted for inflation) to New Mexico 
beginning in the fiscal year of the first shipment of 
transuranic waste to the WIPP site. DOE estimates that under 
current law, the first waste shipment would occur in fiscal 
year 1998. The bill would change the date at which the 
authorization of appropriations becomes effective to the date 
of enactment of the bill, which CBO assumes would occur in 
fiscal year 1997.
    8. Estimated impact on the private sector: CBO estimates 
that this bill would impose no new private sector mandates as 
defined by Public Law 104-4.
    9. Previous CBO estimate: None.
    10. Estimate prepared by: Elizabeth Chambers prepared the 
estimate of costs to the federal government. The impacts on 
state, local, and tribal governments were estimated by Pepper 
Santalucia. Jean Wooster prepared the estimated impact on the 
private sector.
    11. Estimate approved by: Paul Van de Water, Assistant 
Director for Budget Analysis.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the bill 
would have no inflationary impact.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

             Section-by-Section Analysis of the Legislation

Section 1. Short Title and Reference.

    The section states that the short title of this Act shall 
be the ``Waste Isolation Pilot Plant Land Withdrawal Amendment 
Act'' and provides that references in this Act, unless 
specified, are references to the Waste Isolation Pilot Plant 
Land Withdrawal Act (P.L. 102-579).

Section 2. Definitions.

    The section deletes definitions for ``test phase'' and 
``test phase activities''. With the repeal of test phase 
requirements currently in statute, no need for these 
definitions exists.

Section 3. Test Phase and Retrieval Plans.

    Section 3 repeals Section 5 of P.L. 102-579, pertaining to 
test phase and retrieval plans. With the decision to forego in-
situ testing, the section is no longer needed.

Section 4. Management Plan.

    This section makes a conforming change to ensure that the 
determination of the Administrator of the Environmental 
Protection Agency (Administrator) regarding the purchase of 
existing oil and gas leases is not affected by considerations 
under the Solid Waste Disposal Act (42 USC 6901 et seq.). The 
Administrator's determination on such leases is still governed 
by the WIPP compliance criteria, established at 40 CFR 194.

Section 5. Test Phase Activities.

    Section 6 of P.L. 102-579, which relates to requirements 
for the commencement of test phase activities, is amended by 
this section. Statutory provisions related to the on-site 
testing of WIPP materials are deleted. The bill retains 
provisions requiring studies of the impact remote-handled waste 
will have on WIPP and an analysis of the long-term performance 
of the facility. These studies will be useful in assessing the 
safety and performance of WIPP.

Section 6. Disposal Operations.

    The section amends Section 7(b) of P.L. 102-579, which 
requires completion of certain activities prior to the 
emplacement of waste at WIPP, including planning requirements 
for the decommissioning of the facility and reports for a 
timetable and comprehensive listing of the waste to be disposed 
of at WIPP. These planning and reporting requirements are not 
necessary to initiate the commencement of disposal operations 
at WIPP. The section retains two current requirements: first, 
the certification by the EPA that the facility will comply with 
the disposal regulations; and second, the acquisition of oil 
and gas leases unless the Administrator determines that such 
purchase is not necessary.

Section 7. Environmental Protection Agency Disposal Regulations.

    This section revises the process for EPA certification of 
the WIPP facility. It authorizes the use of a phased approach 
to DOE's submittal of the application for a certification of 
compliance. As DOE completes separate chapters of the 
application, it will submit the chapters to EPA, allowing for a 
more expedited handling of the application by the 
Administrator. The section also modifies the requirement of the 
Secretary of Energy (Secretary) to utilize engineered and 
natural barriers to the extent necessary to comply with the 
final disposal regulations.

Section 8. Compliance with Environmental Laws and Regulations.

    The applicability of environmental statutes is amended to 
eliminate Solid Waste Disposal Act ``no migration'' 
requirements (40 CFR Part 268). WIPP remains under the 
regulatory structure of 40 CFR Parts 191, 194 and 264. In 
meetings with DOE and EPA, both principal agencies indicated 
support for the elimination of the 40 CFR Part 268 
restrictions, citing that their application would not be 
necessary to adequately protect human health and the 
environment. Removing this unnecessary and duplicative 
regulatory burden will have a beneficial effect on opening WIPP 
and in ensuring a responsible use of taxpayer funding during 
WIPP's operation.

Section 9. Retrievability.

    This section eliminates test phase retrievability 
requirements and replaces them with a new section requiring the 
Secretary to make a decision regarding use of the WIPP facility 
no later than November 30, 1997. Requirements relating to in-
situ testing are obsolete with the Secretary's decision to 
utilize laboratory testing for a determination of site 
suitability.

Section 10. Decommissioning of WIPP.

    This section modifies requirements for the Secretary to 
submit a plan for the decommissioning of WIPP. The current 
statute requires the submittal prior to the commencement of 
disposal operations; this section would retain this requirement 
for the Secretary to develop such a plan while eliminating the 
pre-commencement submittal requirement. While the 
decommissioning plan is an important component of long-term 
WIPP performance, it is not integral to the commencement of 
operations at the facility.

Section 11. Economic Assistance and Miscellaneous Payments.

    The limitation on assistance to the State of New Mexico is 
eliminated, and replaced with the requirement that the benefits 
schedule established under the Act commence on the date of 
enactment of this Act. This will ensure that funding for needed 
infrastructure improvements in the State of New Mexico is made 
available in a timely manner.

Section 12. Non-Defense Waste.

    This provision allows the Secretary to accept TRU waste 
from non-defense activities. Such waste comprises a very 
limited percentage of the total amount of TRU waste, and WIPP 
is the only facility presently capable of handling such 
material for permanent disposal.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italics, existing law in which no change is proposed 
is shown in roman):

            WASTE ISOLATION PILOT PLANT LAND WITHDRAWAL ACT

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 reservation for WIPP.
Sec. 4. Establishment of management responsibilities.
[Sec. 5. Test phase and retrieval plans.]
     * * * * * * *
[Sec. 10. Retrievability.]
Sec. 10. Transuranic waste.
          * * * * * * *

SEC. 2. DEFINITIONS.

  For purposes of this Act:
          (1)  * * *
          * * * * * * *
          [(18) Test phase.--The term ``test phase'' means the 
        period of time, during which test phase activities are 
        conducted, beginning with the initial receipt of 
        transuranic waste at WIPP and ending when the earliest 
        of the following events occurs:
                  [(A) The requirements described in section 
                7(b) are met.
                  [(B) The Administrator determines under 
                section 8(d)(1)(B) that the WIPP facility 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 
        activities'' means the testing and experimentation 
        activities to determine the suitability of WIPP as a 
        repository for the permanent isolation of transuranic 
        waste.]
          * * * * * * *

SEC. 4. ESTABLISHMENT OF MANAGEMENT RESPONSIBILITIES.

  (a)  * * *
  (b) Management Plan.--
          (1)  * * *
          * * * * * * *
          (5) Mining.--
                  (A)  * * *
                  (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.)].
          * * * * * * *

[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 plan and any 
modification 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 certification 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 satisfactory 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 
        conduct the rulemaking required in paragraph (1) under 
        section 553 of title 5, United States Code, except that 
        sections 556 and 557 of such title shall 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 immediately 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 
Administrator. Such revised plan, or portion, shall be 
considered in accordance 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 
accordance 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 ACTIVITIES.

  [(a) General Authority.--The Secretary is authorized, subject 
to subsections (b) and (c), to conduct test phase activities in 
accordance with the test phase plan.
  [(b) Requirements For Commencement of Test Phase 
Activities.--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 
        disposal regulations are issued and published in the 
        Federal Register 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 
        Secretary 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 Occupational 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 Administration, has certified that the 
                Department of Labor has reviewed emergency 
                response training programs of the Department of 
                Energy that apply to WIPP and has concurred 
                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 
        rulemaking 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 rulemaking or 
        judicial review.
  [(c) Limitations.--Test phase activities conducted under 
subsection (a) shall be subject to the following limitations:
          [(1) Quantity of waste that may be transported.--
        During the test phase, the Secretary may transport to 
        WIPP--
                  [(A) only such quantities of transuranic 
                waste as the Administrator has approved for 
                test phase activities under section 5; and
                  [(B) in no event more than \1/2\ 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 
                Secretary may not transport to or emplace 
                remote-handled transuranic waste at WIPP during 
                the test phase.
                  [(B) Study.--]
  (a) Study.--The following study shall be conducted:
          [(i)] (1) In general.--Within 3 years after the date 
        of the enactment of this Act, the Secretary shall 
        complete 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)] (2) 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.
          [(iii)] (3) Publication.--The Secretary shall publish 
        the findings of such study in the Federal Register.
  [(d)] (b) Performance Assessment Report.--
          (1) In general.--The Secretary shall publish[, during 
        the test phase, a biennial] a performance assessment 
        report[, consisting of a documented analysis of] as 
        necessary to demonstrate 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)  * * *
          * * * * * * *
          (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.
          [(3)] (4) 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 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 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 Administrator determines, under section 
        4(b)(5), that such acquisition is not required;
          [(5) the submittal to the Congress by the Secretary 
        of comprehensive recommendations for the disposal of 
        all transuranic waste under the control of the 
        Secretary, including a timetable for the disposal of 
        such waste; and
          [(6) the completion by the Secretary, with notice and 
        an opportunity for public comment, of a survey 
        identifying all transuranic waste types at all sites 
        from which wastes are to be shipped to WIPP, and--
                  [(A) the results of such survey shall be made 
                available to the public and be provided to the 
                Administrator; and
                  [(B) such survey shall not be subject to 
                rulemaking or judicial review.]
  (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. 8. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.

  (a)  * * *
          * * * * * * *
  (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, the Secretary 
                shall submit to the Administrator an 
                application for certification of compliance 
                with such regulations.]
                  (1) 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.
                  [(B)] (2) 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)] (3) Judicial review.--Judicial review 
                of the certification 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)] (4) Limitation.--Any certification of 
                the Administrator under subparagraph (B) may 
                only be made [after the application is] after 
                the full application has been submitted to the 
                Administrator under subparagraph (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 managed by the 
                Secretary of the Interior through the Bureau of 
                Land Management; and
                  [(C)(i) no permit or variance issued with 
                respect to test phase activities or disposal 
                operations pursuant to section 3004 of the 
                Solid Waste Disposal Act (42 U.S.C. 6924), or 
                other applicable hazardous waste laws, with 
                respect to WIPP, shall 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 deadline.--The 10-year period in 
        paragraph (2) may be extended once by the Administrator 
        for not more than 2 years, if the Administrator 
        determines that additional time is necessary for the 
        Administrator to complete the rulemaking under 
        paragraph (1)(B) or for the Administrator's 
        certification to become effective under this 
        subsection.]
          * * * * * * *
  [(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.]
  (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. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.

  (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)  * * *
          * * * * * * *
                  (H) all regulations promulgated, and all 
                permit requirements, under the laws described 
                in subparagraphs (B) through (G).
        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) Determination of Noncompliance During Test Phase.--
          [(1) Determination by administrator.--If the 
        Administrator 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 Administrator shall request a 
        remedial plan from the Secretary describing 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 
                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 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 comply 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 
        requirement.
          [(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 
pursuant 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 general.--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--
                  [(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 underground 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 
        determination 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 
        Secretary shall 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 demonstration, the 
        Secretary shall not take any action to affect the test 
        phase.
          [(4) Failure to maintain retrievability.--Upon a 
        determination 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 determination 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. 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.
          * * * * * * *

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 shall 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] 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 Congress.

SEC. 14. SAVINGS PROVISIONS.

  (a) CAA and SWDA.--[No provision] Except for the exemption 
from the land disposal restrictions described in section 
9(a)(1), no provision of this Act may be construed to supersede 
or modify the provisions of the Clean Air Act (42 U.S.C. 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 
Secretary's obligation to comply with--
          (1) the Clean Air Act (42 U.S.C. 7401 et seq.);
          (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.), [including all terms and conditions of the No-
        Migration Determination] 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); 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 
appropriated [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] 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. An 
appropriation to the State shall be in addition to any 
appropriation for WIPP.
          * * * * * * *