GAO-21-603: Commercial Spent Nuclear Fuel – Congressional Action Could Help Break the Impasse

YEAR
2026
DOCUMENT TYPE
GEOGRAPHY

Document Summary

GAO-21-603 is a federal oversight report issued by the U.S. Government Accountability Office (GAO) in September 2021. The GAO is an independent, nonpartisan agency that audits federal programs and provides advice to Congress. This report examines the nation’s ongoing failure to develop a permanent solution for spent nuclear fuel (high-level radioactive waste).

The report draws on federal records and interviews with experts, industry representatives, and state and tribal stakeholders to evaluate why the U.S. nuclear waste program has stalled.

This report is not a law or regulation and does not approve any project. Instead, it serves as a formal recommendation to Congress and federal agencies.

  • It concludes that the United States is at a legal and policy impasse after the halt of the Yucca Mountain repository, leaving waste stored at dozens of sites nationwide.
  • It recommends that Congress amend the Nuclear Waste Policy Act (NWPA) to allow a new consent-based siting process for both interim storage and permanent disposal facilities.
  • It urges restructuring the Nuclear Waste Fund and directing the Department of Energy (DOE) to develop an integrated national waste management strategy.
  • It also recommends that DOE finalize its consent-based siting approach, which would guide future federal actions.

While these recommendations are not binding, they are influential and often shape future legislation and agency policy.

WHY THIS MATTERS

This GAO report confirms that the federal government’s nuclear waste strategy is not just stalled-it is structurally broken. Protect the Basin, it provides independent, bipartisan validation that key legal questions about authority and consent remain unresolved. As federal agencies move forward with interim storage proposals, communities in Texas and New Mexico are being drawn into a process that Congress itself has not fully defined. That gap between policy ambition and legal clarity is where risk-and potential overreach-emerges.

Key Excerpts

“The nation does not have a permanent repository for spent nuclear fuel, and the Department of Energy has not begun disposing of it.” – Page 1

“DOE’s authority to pursue certain interim storage options is unclear under current law.” – Page 17

“Consent-based siting has been proposed, but key elements-such as how consent would be obtained and defined-remain unresolved.” – Page 22

“Without congressional action, the federal government is likely to continue incurring significant costs.” – Page 30

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CITATION

U.S. Government Accountability Office. (2021). Commercial Spent Nuclear Fuel: Congressional Action Could Help Break the Impasse (GAO-21-603).

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