Summary

In response to a congressional request to assess the Department of Energy's (DOE) relations with the states and Indian tribes that its Nuclear Waste Repository Program affects, GAO: (1) identified the states' and tribes' concerns with the program, including their level of participation in the decisionmaking process for waste sites; (2) examined the DOE program for involving states and tribes and the DOE positions on their concerns; and (3) determined what steps DOE should take to improve its program.

GAO found that the states and tribes involved in the program: (1) were concerned about the potential environmental and socioeconomic impacts of siting a nuclear waste repository in their region because they did not believe that it could safely withstand groundwater seepage and other natural phenomena and prevent radiation from escaping to the surrounding environment; (2) believed that DOE restricted them from participation in making decisions that affected them, particularly in the first-repository siting process; and (3) claimed that the DOE Mission Plan was deficient and vague. GAO noted that DOE claimed that attempts to negotiate formal agreements with states and tribes have been unsuccessful because of controversial issues such as federal liability, and because states and tribes were reluctant to agree with DOE concerning nuclear waste issues. DOE cited numerous steps it took over the past 2 years to involve states and tribes in the program, including: (1) holding periodic meetings and using other means to inform states and tribes and obtain input on program activities; (2) issuing detailed comment response documents to inform states and tribes about the disposition of their comments on program documents; (3) allowing states and tribes to participate in internal DOE management groups considering environmental issues and other relevant matters; and (4) using an independent peer group to review the DOE decision-aiding methodology for repository site selection.