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This bill would require the Energy Secretary to get approval from the people and governments most affected before spending money from the Nuclear Waste Fund on a nuclear waste repository. In simple terms, the federal government could not use that money to support a planned storage site for spent nuclear fuel or high-level radioactive waste unless the state governor, nearby local governments, affected Indian tribes, and certain other nearby local governments all agree in writing. The bill is meant to make decisions about nuclear waste storage based on consent from the communities that would have to live with the site and the shipping routes connected to it.
- Before using Nuclear Waste Fund money for a repository, the Energy Secretary must have a written agreement with the governor of the state where the repository would be located.
- The Secretary must also get agreement from each affected local government and each affected Indian tribe.
- If nuclear waste would travel through another nearby local government on the way to the repository, that government must also agree.
- Any agreement must be signed by all parties, cannot be changed unless everyone agrees, and cannot be taken back by just one side.
Official Summaries
Nuclear Waste Informed Consent Act
This bill prohibits the Department of Energy (DOE) from using the Nuclear Waste Fund for certain activities related to radioactive waste disposal unless DOE has entered into a written agreement for a repository with (1) the governor of the state in which the proposed repository will be located, (2) affected local governments, (3) local governments contiguous to the affected local governments if spent nuclear fuel or high-level radioactive waste will be transported through them for disposal at the repository, and (4) affected Indian tribes.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 101 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 101
To require the Secretary of Energy to obtain the consent of affected
State and local governments before making an expenditure from the
Nuclear Waste Fund for a nuclear waste repository, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2025
Ms. Cortez Masto (for herself and Ms. Rosen) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To require the Secretary of Energy to obtain the consent of affected
State and local governments before making an expenditure from the
Nuclear Waste Fund for a nuclear waste repository, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Informed Consent
Act''.
SEC. 2. DEFINITIONS.
In this Act, the terms ``affected Indian tribe'', ``affected unit
of local government'', ``high-level radioactive waste'',
``repository'', ``Secretary'', ``spent nuclear fuel'', and ``unit of
general local government'' have the meanings given the terms in section
2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
SEC. 3. CONSENT-BASED APPROVAL.
(a) In General.--The Secretary may not make an expenditure from the
Nuclear Waste Fund established under section 302(c) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(c)) for the costs of the
activities described in paragraphs (4) and (5) of section 302(d) of
that Act (42 U.S.C. 10222(d)) unless the Secretary has entered into an
agreement for a repository with--
(1) the Governor of the State in which the repository is
proposed to be located;
(2) each affected unit of local government;
(3) any unit of general local government contiguous to the
affected unit of local government if spent nuclear fuel or
high-level radioactive waste will be transported through that
unit of general local government for disposal at the
repository; and
(4) each affected Indian tribe.
(b) Conditions on Agreement.--Any agreement for a repository under
this Act--
(1) shall be in writing and signed by all parties;
(2) shall be binding on the parties; and
(3) shall not be amended or revoked except by mutual
agreement of the parties.
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