Bill Summary
The "Nuclear Waste Informed Consent Act" requires the Secretary of Energy to obtain consent from affected State and local governments before using funds from the Nuclear Waste Fund to build a nuclear waste repository. This legislation also defines key terms such as "high-level radioactive waste" and "repository". The Secretary must enter into an agreement with the Governor of the proposed state, affected local governments, any contiguous local governments where waste will be transported, and affected Indian tribes. This agreement must be in writing, binding, and can only be amended or revoked with mutual agreement of all parties involved.
Possible Impacts
1. If an affected state or local government does not give their consent to the expenditure from the Nuclear Waste Fund for a nuclear waste repository, it could delay the project and potentially lead to disputes between the federal government and the state/local government.
2. If a unit of general local government is located near the proposed repository site and will be affected by the transportation of spent nuclear fuel or high-level radioactive waste, they may have concerns about potential risks and impacts on their community. The requirement for their consent could provide them with a voice in the decision-making process.
3. The consent-based approval process outlined in this legislation may lead to increased collaboration and communication between the federal government and affected states, local governments, and Indian tribes. This could result in more informed and mutually beneficial decisions regarding the establishment of a nuclear waste repository.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 649 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 649
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
March 5, 2019
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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