PolicyBrief
S. 101
119th CongressJan 15th 2025
Nuclear Waste Informed Consent Act
IN COMMITTEE

The Nuclear Waste Informed Consent Act requires the Secretary of Energy to obtain consent-based agreements from state governors, affected local governments and Indian tribes, and any neighboring local government, before using Nuclear Waste Fund money for repository activities. These agreements must be written, signed, binding, and can only be changed with unanimous consent.

Catherine Cortez Masto
D

Catherine Cortez Masto

Senator

NV

LEGISLATION

Nuclear Waste Bill Demands Local OK for Storage: New Rules Require State, Tribal, and Local Consent

The "Nuclear Waste Informed Consent Act" is all about giving local communities and tribes a major say in where nuclear waste gets stored. Instead of the federal government just deciding, this bill makes it mandatory for the Secretary (likely the Secretary of Energy) to get written, signed, and binding agreements before spending any money from the Nuclear Waste Fund on building or operating a repository.

Getting Permission, In Writing

This bill changes the game by requiring the Secretary to get the thumbs-up from several key players:

  • The Governor: The top official of the state where a nuclear waste site is proposed has to agree.
  • Local Governments: Any "affected unit of local government," as defined in the Nuclear Waste Policy Act of 1982, gets a direct say. This means the towns and counties where the site is located.
  • Neighbors: If nuclear waste is going to be trucked through your town to get to the repository, your local government gets a say, too.
  • Affected Indian Tribes: Any "affected Indian tribe," again using the 1982 Act's definition, must also consent.

These agreements aren't just handshakes. They have to be formal, written contracts that can only be changed if everyone who signed the original agrees. (Section 3)

Real-World Impacts: Power to the People (and Potential Roadblocks)

Imagine a town like Beatty, Nevada, near a proposed nuclear waste site. Under this law, the governor of Nevada, the Nye County commissioners, and any affected tribes would all need to sign off before a repository could move forward. If waste is transported through other counties, their local governments get a voice as well. This gives a lot of power to local communities.

For a construction worker in Las Vegas, this could mean fewer worries about radioactive materials passing through on their way to a storage site. For a small business owner in a rural town, it means having a direct line to negotiate with the federal government about something that could significantly impact their community. A family living near a proposed site gains a stronger voice in protecting their environment and property values.

The Flip Side: Challenges and Delays

While this all sounds good for local control, it also creates potential hurdles. Any one of those required parties—the governor, a local government, or a tribe—could effectively veto a project. This could stall projects, even if they're considered vital for national energy needs. It could also lead to situations where local governments or tribes might try to leverage their consent for financial benefits, which could be seen as holding the project hostage. The bill does not specify what should happen if consent cannot be obtained.

Connecting the Dots

This bill directly amends the existing Nuclear Waste Policy Act of 1982 by adding these strict consent requirements. It shifts the balance of power, making local and tribal approval absolutely essential for any nuclear waste storage project to proceed. While it increases transparency and community involvement, it also raises the possibility of significant delays or even the complete blockage of new nuclear waste repositories.