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.