Page:United States Statutes at Large Volume 106 Part 6.djvu/221

This page needs to be proofread.


PUBLIC LAW 102-579—(XT. 30, 1992 106 STAT. 4779 (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. (20) TRANSURANIC WASTE.— The term "transuranic waste" means waste containing more than 100 nanocuries of alphaemitting transuranic isotopes per gram of waste, with half- lives greater than 20 years, except for— (A) high-level radioactive waste; (B) waste that the Secretary has determined, with the concurrence of the Administrator, does not need the degree of isolation required by the disposal regulations; or (C) waste that the Nuclear Regulatory Commission has approved for disposal on a case-by-case basis in accordance with part 61 of title 10, Code of Federal Regulations. (21) WIPP. —The term "WIPP" means the Waste Isolation Pilot Plant project authorized under section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96 - 164; 93 Stat. 1259, 1265) to demonstrate the safe disposal of radioactive waste materials generated by atomic energy defense activities. (22) WlTHDRAWAi:..-The term "Withdrawal" means the geographical area consisting of the lands described in section 3(c). SEC. 3. LAND WTTHDRAWAI. AND RESERVATION FOR WIPP. (a) LAND WITHDRAWAL, JURISDICTION, AND RESERVATION.— (1) LAND WITHDRAWAL. —Subject to vahd existing rights, and except as otherwise provided in this Act, the lands described in subsection (c) are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, including without limitation the mineral leasing laws, the geothermal leasing laws, the material sale laws (except as provided in section 4(b)(4) of this Act), and the mining laws. (2) JURISDICTION. —Except as otherwise provided in this Act, jurisdiction over the Withdrawed is transferred from the Secretary of the Interior to the Secretary. (3) RESERVATION.— Such lands are reserved for the use of the Secretary for the construction, experimentation, operation, repair and maintenance, disposal, shutdown, monitoring, decommissioning, and other authorized activities associated with the purposes of WIPP as set forth in section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96 -164; 93 Stat. 1259, 1265), and this Act. (b) REVOCATION OF PUBLIC LAND ORDERS. —Public Land Order 6403 of June 29, 1983, as modified by Public Land Order 6826