Waste Isolation Pilot Plant Land Withdrawal Act of 1989

Waste Isolation Pilot Plant Land Withdrawal Act of 1989 - States as the purpose of the Waste Isolation Pilot Plant (WIPP) (a project authorized under the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 as a research facility for demonstrating the safe disposal of radioactive waste) to receive, handle, and permanently dispose of defense transuranic waste. Sets forth the capacity of the WIPP. Declares that such waste shall be retrievable until the Secretary of Energy has complied with environmental standards for disposal of such waste established pursuant to this Act.

Limits the type and amount of defense remote-handled transuranic waste that will be shipped to and handled by the WIPP. States that such plant is not designed for high-level radioactive waste.

States that this Act shall be deemed to amend a specified provision of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980. Applies this Act with respect to any items in conflict with the Agreement for Consultation and Cooperation entered into in accordance with this Act.

Withdraws lands to be known as the WIPP in Eddy County, New Mexico, from all forms of entry and disposal under public land, mining, and mineral and geothermal leasing laws. Transfers such land from the Secretary of the Interior to the Secretary of Energy. Provides that such withdrawal shall not take effect until: (1) the Final Safety Analysis Report prepared under Department of Energy (DOE) safety analysis procedures is submitted to specified parties for review; and (2) the Secretary of Energy notifies the Congress that he has approved the Report. 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the Interior, within 30 days after enactment of this Act, to: (1) publish notice in the Federal Register of the lands withdrawn and reserved pursuant to this Act; and (2) file copies of appropriate land maps and legal descriptions of such land with the Senate Energy and Natural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, the House Interior and Insular Affairs Committee, the Secretary of Energy, and the State of New Mexico. Provides a disclaimer of the United States to any water rights on the withdrawn land.

Requires the Secretary to be responsible for the management of the withdrawn lands and to consult and cooperate with the State of New Mexico in discharging responsibilities required under this Act. Directs the Secretary to develop a management plan for the withdrawn lands, requiring any use of such lands to be subject to such conditions and restrictions as may be necessary to permit the use of such lands for WIPP activities. Provides that, in addition to other uses, the management plan shall provide for domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, and the disposal of salt tailings remaining on the surface, as well as mining. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety.

Authorizes the Secretary to enter into cooperative agreements with: (1) the Secretary of the Interior and the State of New Mexico for the administration of grazing within the withdrawn lands; and (2) the State of New Mexico for the maintenance of the wildlife habitat of such lands.

Directs the Secretary to submit the required management plan to the aforementioned congressional committees, as well as to the State of New Mexico.

Directs the Secretary, in consultation with specified officials and agencies, to prepare a proposed experimental plan with respect to 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, and the State of New Mexico. Provides that within 60 days of receipt of such plan, the EEG or the State of New Mexico shall notify the Secretary of agreement or disagreement with the plan. Provides steps to be taken if the EEG or the State of New Mexico disagrees with such plan.

Provides for ongoing review by the EEG and the State of New Mexico of all data, reports, and other material concerning the experimental program plan developed and implemented by the Secretary. Requires the Secretary to report to the Congress on such program no later than two years after such program begins.

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 waste disposal standards. Directs the Secretary and the Administrator of the EPA to submit to the Congress a statement of compliance, prior to the permanent disposal of such waste at the WIPP. Requires the Secretary to conduct an annual demonstration at the WIPP that all transuranic waste stored there can be readily retrieved. Outlines administrative procedures with respect to such annual demonstrations. Outlines procedures to be followed if it is found that the waste is not readily retrievable. Limits the amount of radioactive waste to be received by the WIPP before it has demonstrated compliance with all the applicable standards and retrievability safeguards.

Provides that, if the Administrator finds that the environmental standards for disposal of transuranic wastes have not been complied with, the Secretary shall notify the Congress within 30 days and shall remove the waste as soon as possible, decommission the WIPP, terminate the land withdrawal provided for in this Act, and transfer such lands to the Secretary of the Interior for management by the Bureau of Land Management. Authorizes additional time for compliance with standards (not to exceed 12 months) as agreed to by the Governor of New Mexico and the Secretary. Requires the WIPP to use both engineered and natural barriers to isolate the transuranic waste after disposal to the extent required by the EPA.

Directs the Administrator to: (1) promulgate in the Federal Register proposed environmental standards for disposal of transuranic wastes not later than 12 months after the enactment of this Act; and (2) issue in the Federal Register such standards no later than two years after the enactment of this Act.

Prohibits any high-level radioactive waste from being brought to the WIPP for any purpose. Revokes the authority of the Secretary (as provided under prior Federal law) to conduct high-level radioactive waste experiments at the WIPP.

Prohibits the transport of transuranic waste to the WIPP until: (1) the Nuclear Regulatory Commission has certified a method of packaging for the transportation of such waste; and (2) the Secretary has fulfilled requirements of this Act with respect to the experimental program, has completed an environmental impact statement, and has approved a Final Safety Analysis Report for the WIPP.

Authorizes appropriations to 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 transuranic waste to or from the WIPP. Requires transuranic 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 transuranic waste currently stored at specified storage plants.

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.

Requires the Secretary to enter into benefits agreements with the State of New Mexico to provide financial and technical assistance to the State to study and mitigate the impact of the WIPP on the State and local governments. Authorizes appropriations for FY 1990 through 1994 for such assistance.

Directs the Secretary to enter into negotiations relating to a certain mineral tract within the withdrawn lands. Authorizes appropriations to acquire such mineral interests.

Authorizes appropriations to the Secretary to provide financial and technical assistance to the State to prepare a report in conjunction with any such request. 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 that would be generated by WIPP 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, the Administrator, and the EEG a plan for managing the WIPP after decommissioning. Directs the Secretary, within the same time span, to publish in the Federal Register a plan for the management and use of the withdrawn lands following the decommissioning of the WIPP.

Authorizes the Secretary to permanently dispose of transuranic waste at the WIPP when certain requirements of this Act have been fulfilled and the Administrator concurs that the Secretary has complied with EPA standards established under this Act.