II 118th CONGRESS 1st Session S. 404 IN THE SENATE OF THE UNITED STATES February 14, 2023 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.

1. Short title This Act may be cited as the Nuclear Waste Informed Consent Act . 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 ). 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.