II
119THCONGRESS
1
STSESSION 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
JANUARY15, 2025
Ms. C
ORTEZMASTO(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 nu-
clear waste repository, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Nuclear Waste In-4
formed Consent Act’’. 5
SEC. 2. DEFINITIONS. 6
In this Act, the terms ‘‘affected Indian tribe’’, ‘‘af-7
fected unit of local government’’, ‘‘high-level radioactive 8
VerDate Sep 11 2014 06:00 Feb 06, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S101.IS S101
kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
•S 101 IS
waste’’, ‘‘repository’’, ‘‘Secretary’’, ‘‘spent nuclear fuel’’, 1
and ‘‘unit of general local government’’ have the meanings 2
given the terms in section 2 of the Nuclear Waste Policy 3
Act of 1982 (42 U.S.C. 10101). 4
SEC. 3. CONSENT-BASED APPROVAL. 5
(a) I
NGENERAL.—The Secretary may not make an 6
expenditure from the Nuclear Waste Fund established 7
under section 302(c) of the Nuclear Waste Policy Act of 8
1982 (42 U.S.C. 10222(c)) for the costs of the activities 9
described in paragraphs (4) and (5) of section 302(d) of 10
that Act (42 U.S.C. 10222(d)) unless the Secretary has 11
entered into an agreement for a repository with— 12
(1) the Governor of the State in which the re-13
pository is proposed to be located; 14
(2) each affected unit of local government; 15
(3) any unit of general local government contig-16
uous to the affected unit of local government if 17
spent nuclear fuel or high-level radioactive waste will 18
be transported through that unit of general local 19
government for disposal at the repository; and 20
(4) each affected Indian tribe. 21
(b) C
ONDITIONS ONAGREEMENT.—Any agreement 22
for a repository under this Act— 23
(1) shall be in writing and signed by all parties; 24
(2) shall be binding on the parties; and 25
VerDate Sep 11 2014 06:00 Feb 06, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S101.IS S101
kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
•S 101 IS
(3) shall not be amended or revoked except by 1
mutual agreement of the parties. 2
Æ
VerDate Sep 11 2014 06:00 Feb 06, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S101.IS S101
kjohnson on DSK7ZCZBW3PROD with $$_JOB