Title: Nuclear Waste Informed Consent Act
Policy area: Energy

Summary:
Nuclear Waste Informed Consent Act
This bill prohibits the Department of Energy (DOE) from making an expenditure from the Nuclear Waste Fund for the costs incurred by DOE in connection with disposing of spent nuclear fuel or high-level radioactive waste in a repository, unless DOE has entered into an agreement to host the repository with certain affected entities.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 95 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 95

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2017

Mr. Heller (for himself and Ms. Cortez Masto) 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.

    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'', ``Commission'', ``high-level radioactive 
waste'', ``repository'', ``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 for the costs of the activities described in 
paragraphs (4) and (5) of section 302(d) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222(d)) unless the Secretary has entered into 
an agreement to host 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 to host 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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