Waste Isolation Pilot Plant Land Withdrawal Act of 1988

(Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 100-867 (Part I))

Title I: Waste Isolation Pilot Plant Land Withdrawal Act of 1988 - Waste Isolation Pilot Plan Land Withdrawal Act of 1988 - Withdraws lands to be known as the Waste Isolation Pilot Plant (WIPP) in Eddy County, New Mexico, from all forms of entry and disposal under the public land, mining, and mineral and geothermal leasing laws. Transfers such land from the Secretary of the Interior to the Secretary of Energy. Revokes specified public land orders made inconsistent by this Act. Describes the land to be so transferred.

Directs the Secretary of the Interior, within 30 days after enactment of this Act, to: (1) publish notice in the Federal Register of the lands withdrawn and reserved pursuant to this Act; and (2) file copies of appropriate land maps and legal descriptions of such land with the Senate Energy and Natural Resources Committee and the House Interior and Insular Affairs Committee, the Secretary of Energy, and the State of New Mexico.

Requires the Secretary of the Interior to manage the lands withdrawn under this Act. Specifies the activities permitted on such withdrawn lands (other than the waste isolation project), including grazing, the protection of wildlife and wildlife habitat, the control of predatory and other animals, and recreation. Requires concurrence by the Secretary of Energy for the issuance of any lease, right-of-way, or other authorization made by the Secretary for non-waste use of such land.

Authorizes the Secretary of Energy to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to remove any salt tailings that are extracted from the WIPP created under this Act. Prohibits any surface or subsurface mining on lands withdrawn for the WIPP.

Directs the Secretary of the Interior to develop a plan for the management of the land withdrawn and reserved under this Act. Directs the Secretary and the Secretary of Energy to enter into a memorandum of understanding to implement the management plan.

Directs the Secretary of Energy, within 90 days after this Act's enactment and in consultation with specified agencies, to prepare a written proposal for experiments at the WIPP. Requires the Secretary to submit such plan to the Environmental Evaluation Group (EEG), a scientific evaluation group for the WIPP to be established under this Act. Provides for ongoing review by the EEG concerning the plan and any additional issues or research involved in connection with such plan. Directs the Secretary to submit such plan, as well as periodic progress reports, to the National Academy of Sciences (NAS) for technical review.

Requires the Secretary, with respect to the WIPP, to be in compliance with appropriate EPA standards of waste management and storage, as well as with transuranic radioactive waste disposal standards.

Requires the WIPP to use both engineered and natural barriers to isolate transuranic radioactive waste after disposal in compliance with applicable standards of the EPA. Directs the Administrator of EPA to publish proposals and final standards, within specified periods, for the disposal of spent nuclear fuel, high-level radioactive waste, and transuranic radioactive waste.

Authorizes appropriations for fiscal years after FY 1988 for the construction or upgrading of certain highways in New Mexico for the transportation of radioactive waste generated during defense-related activities. Directs the Secretary to provide in-kind and cash assistance for emergency response-related activities to New Mexico and any other State or Indian tribe through whose jurisdiction the Secretary plans to transport radioactive waste to or from the WIPP. Requires radioactive waste transported to or from the WIPP to be in packages that have been certified by the Nuclear Regulatory Commission as safe for the transportation of such material. Directs the Secretary, prior to any such transportation, to properly notify State and local governments and Indian tribes. Provides certain priorities in shipping for radioactive waste currently stored at specified storage plants.

Directs the Secretary to work with other Federal agencies to develop a network of sites for the parking of vehicles transporting transuranic or any other waste being transported to the WIPP. Requires the safest possible routes to be used for such transportation.

Directs the Secretary, to the maximum extent practicable, to continue to encourage business and employment opportunities related to the WIPP that may be conducive to the State of New Mexico, especially Lea and Eddy Counties, and report annually thereon to the State of New Mexico. Directs the Secretary of the Interior to pay certain funds to the State of New Mexico in order to offset expenses anticipated to be incurred by such State as a result of the location of the WIPP within the State. Authorizes appropriations to the Secretary to provide financial and technical assistance to the State. Authorizes appropriations to the Secretary to provide a grant each fiscal year to the State of New Mexico and each unit of local government in which such withdrawn land is located for payments equivalent to the taxes generated by the WIPP for its activities on the withdrawn lands.

Directs the Secretary, no later than five years after the enactment of this Act, to report to the appropriate congressional committees, the State of New Mexico, and the EEG a plan for monitoring the WIPP after decommissioning. Directs the Secretary, within two years after this Act's enactment, to publish in the Federal Register a plan for the management and use of the withdrawn lands following the decommissioning of the WIPP.

Outlines a conflict resolution procedure to be followed in the event that the EEG disagrees with the experimental program plan for the WIPP proposed by the Secretary under prior provisions of this Act, providing for: (1) the initiation of the conflict resolution process upon disagreement; (2) the appointment of a conflict resolution hearing officer; (3) the submission of written statements; (4) an extension, for good cause shown, of the time limit for such conflict resolution; (5) a record of all oral and written submissions; (6) written recommendations by the hearing officer; (7) submission to interested parties of the hearing officer's recommendatons; (8) comments from parties affected; (9) a written decision on the conflict by the Secretary; (10) the implementation of the decision; (11) the withdrawal of such matter from further consideration at the request of the Director of the EEG; (12) written public input concerning the conflict; and (13) the rights to judicial review.

Specifies certain limitations with regard to: (1) transuranic radioactive waste dosage rates; and (2) high-level waste and spent fuel.

Provides that this Act suspersedes a specified section of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980.

Title II: Independent Scientific Evaluation Group - Establishes the EEG as the scientific evaluation group for the WIPP. Directs the Secretary of Energy to enter into a contract with the New Mexico Institute of Mining and Technology in order to continue funding the EEG. Outlines administrative procedures and staffing requirements with respect to the EEG.

Requires the EEG to be responsible for evaluating technical information on the WIPP. Directs the EEG to disseminate its findings and analyses to the public through various means of publication. Requires EEG evaluation to be in an objective manner, independent of outside influences. Provides funding for the EEG through the Department of Energy for a minimum of five years.

Title III: Definitions - Provides definitions of terms and phrases used in this Act.