ML103480835
| ML103480835 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/2010 |
| From: | Bjornsen A NRC/FSME/DWMEP/EPPAD/ERB |
| To: | Conrad D Northern Arapaho Tribe |
| References | |
| FOIA/PA-2010-0292 | |
| Download: ML103480835 (7) | |
Text
Bjornsen, Alan From:
Bjornsen, Alan L5"-
Sent:
Friday, April 16, 2010 12:38 PM To:
'D Conrad'
Subject:
FW: Draft MOA Attachments:
Lost Creek MOADraft_04_14_10.doc
- Darlene, In accordance with our telephone conversation this morning, I am enclosing a draft copy of the MOA for the Lost Creek ISR site. Should you decide the Northern Arapaho be a signatory on this document, please designate who from your Tribe would be the signatory. I would need the full name and address so as to mail him/her a paper copy for signature. Also, if you decide to be a signatory, if there are any changes you would like to see made in the MOA, please let me know what they are - you may use track change, as this is a Word document.
Thank you.
Environmental Project Manager FSME/DWMEP/EPPAD/ERB U.S. Nuclear Regulatory Commission 11545 Rockville Pike Rockville, MD 20852 (301) 415-1195 aIan.bjornsenanrc.qov
DRAFT MOA-MEMORANDUM OF AGREEMENT AMONG UNITED STATES NUCLEAR REGULATORY COMMISSION, WYOMING STATE HISTORIC PRESERVATION OFFICER, BUREAU OF LAND MANAGEMENT - RAWLINS FIELD OFFICE, AND LOST CREEK ISR, LLC REGARDING ARCHEOLOGICAL DATA RECOVERY AT 48SW16604, SWEETWATER COUNTY, WYOMING.
WHEREAS, the U. S. Nuclear Regulatory Commission (NRC) nwledges and accepts as guidance the Advisory Council on Historic Preservation's (C ommended Approach for Consultation on Recovery of Significant Information frqcrheol m Sites," published in the Federal Register on May 18, 1999 (vol. 64, no. 95, 085), as pIa
- f!ts revised regulations (36 CFR Part 800) for implementing Se 6 of the Natio toric Preservation Act of 1966, as amended (NHPA, 1 470); and.
WHEREAS, the NRC, the Wyoming State Histoiriý Pservatio 9ýice (SHPO), L 5Creek in situ recovery (ISR), LLC (LCI), and Bureau of Land
- Rawlins Field Office (BLM)
(collectively hereafter called "Consultin Parties") agre t ite 48SW16604 is a historic property eligible under 36 CFR Part 6 n on D, tha rsely affected by mining-related activities as presently planned; WHEREAS, the NRC has attempted to c t the tori servation Office (THPO) of the Eastern Shoshone an n Arapah ri b vi as signatories, and received no response; and WHEREAS, the co ing parties e agree toBLM shall serve as the lead Federal agency for purposes mplian ection of the NHPA; and WHEREA sha t the Co-u n execution of this Memorandum of Agreemen MA),n-WH
,S, the NRC, t M a Iate of Wyoming and SHPO do not waive their sovere munity by en nto MOA, and each fully retains all immunities and defensesifded by law w espect to any action based on, or occurring as a result of, this MOA; a*
WHEREAS, sign ft A does not constitute a record of decision or approval of the Lost Creek ISR project, f the consulting Federal agencies; and Memorandum of Agreement among United States Nuclear Regulatory Commission, Wyoming State Historic Preservation Officer, Bureau of Land Management-Rawlins Field Office, and Lost Creek ISR, LLC Regarding Archaeological Data Recovery at 48SW16604, Sweetwater County, Wyoming.
Page 1 of 6
DRAFT MOA -
WHEREAS, this MOA, consisting of six pages, represents the entire and integrated agreement between the Consulting Parties and supersedes all prior negotiations, representations and agreements, whether written or oral, regarding Section 106 review of the current effects of the Lost Creek ISR project on site 48SW16604.
NOW, THEREFORE, the Consulting Parties agree that, if approved, t e Lost Creek ISR project shall be implemented in accordance with the following stipulations t gate the adverse effects of mining and construction activities at site 48SW16604.
A. DATA RECOVERY.
\\>
1 Prior to the construction of facilitie ing to the Lost Creek ation activities, the data recovery pro or 48SW1 64 shall be im ented by LCI in accordance with the Treatm Ian pr by Centennia)chaeology, Inc., dated January 2008, and incorp "d
is MOA by reference.
B. NAGPRA CONSIDERATIONS.
- 1.
To the best of the Consul Pa wledg belief, no human remains, associated or una ciate obj or sacred objects, or objects of ptrimony de inmerican Graves Protection and wepariyaoimmedia (NG6 op C. 3-01) vicnit expethed disovey the ae enco d during recov
/ork.
However, should human remains be enc red, work mmediat top in the vicinity of the discovery, the area will b red, a ichaeolo I field director will contact the BLM and the SHPO. \\
notater County Sheriff's office and twate y Coroner-se.
If the human remains are determined to be C. FER TING.
1\\
Upon compl of field work, a letter report briefly describing the results of fild work, anr statement of confidence that completed investigations have data re ry plans and adequately mitigated adverse effects, will be s
te I to the Consulting Parties for their review and comment.
Upon a *lroval of the letter report by the SHPO, LCI may proceed with their approved undertaking and disturb site 48SW16604.
- 2.
A final report detailing results of data recovery efforts and mitigation procedures will be submitted by LCI to the Consulting Parties for review no later than 6 months following the completion of field work, unless the Memorandum of Agreement among United States Nuclear Regulatory Commission, Wyoming State Historic Preservation Officer, Bureau of Land Management-Rawlins Field Office, and Lost Creek ISR, LLC Regarding Archaeological Data Recovery at 48SW16604, Sweetwater County, Wyoming.
Page 2 of 6
DRAFT MOA -
Consulting Parties mutually agree to an extension of this deadline.
S3.
Centennial Archaeology will prepare a summary journal article to be submitted to the editor of the Wyoming Archaeologist on the results of the data recovery within six months of the acceptance of the final data recovery report. The article should consist of summary information and results of the data ecovery; approximately three to five standard 8 1/2 x 11 pages of text, two or photographs and one or two illustrations. This information should be deZ irectly from the data recovery report and no new research is require editor of the Wyoming Archaeologist is not required to publish the r p' ornal. Submission of the article by Centennial Archaeology co he r psibility under this MOA. If data recovery does not providi rmation ap oate for a journal publication, Centennial Archaeology#1 ify the Wyomin 0 and the Wyoming SHPO, BLM and LCI wil It on the appropriate
>of this stipulation. The parties will doc ethe discus n and decisib de in writing. The publication of the su of th s of the excav ns will make the information available to the r
lic.
D. PERMITTING AND INSPECTIONS,
- 1.
NRC shall require as a co ion cense to LCI, that LCI complies with the cultural resource tment n
crib STIPULATION A.1. and the provisi MOA.
- 2.
Any lense cc ions wi enforced subject to the extent of NRC's reglIo authoritya as NRC rmines to be appropriate.
E. AMENDMENTS toi is MOA may request that it be amended, whereupon the signat wll o t to reach agreement. Such amendment shall be effective upon the ture\\
Consulting Parties to this MOA, and the amendment shall be app led to tVMOA as an Appendix.
- 2.
difications he Treatment Plan as described in STIPULATION A.1 may eecute o n concurrence of all Consulting Parties as long as no m Oatj the body of the MOA are required. This modification will not ýr formal amendment to this MOA as per STIPULATION E.1.
Memorandum of Agreement among United States Nuclear Regulatory Commission, Wyoming State Historic Preservation Officer, Bureau of Land Management-Rawlins Field Office, and Lost Creek ISR, LLC Regarding Archaeological Data Recovery at 48SW16604, Sweetwater County, Wyoming.
Page 3 of 6
DRAFT MOA-F. DISPUTE RESOLUTION
- 1.
Should any party to this MOA object within 30 days to any activity pursuant to this MOA, BLM shall consult with the objecting party to resolve the objection.
If BLM determines the objection cannot be resolved, BLM shall forward all documentation relevant to the dispute to the Council.
ny comments or recommendations received from the Council will be f ded to the signatories for consideration.
Any agreed upon resolution of the objection ented in a written amendment to this MOA to be signed by I
atone signatory fails to respond within 30 days of receipt of the n amendm oncurrence with the amendment will be assumed by othe tories and the a ment will go into effect.
- 2.
Nothing in this Section shall be con judicial remedy that would be availal
- 3.
Nothing in this Sectionha cons NRC's enforcement acti regulations or license condns.
G. TERMINATION Signa to this may in oth natories of r intent.
remai arties e 60 b amendlies rayohratos-h i
day i d, unless all the F In the ev t
r otn, BLM anc 800.6 with rd to i dual undei H. DURAT OFAGREE T
- 1.
Ths remain in effectfort dor ted as a waive"o any blef'6ani pr! of this MOA.
strue 1erpreted to apply to BLM's or compi with BLM's or NRC's termination by providing written notice to the r notification by the initiating Signatory, the rss days to consult to seek agreement on itiwould address the issues and avoid s, the termination will go into effect at the end parties agree to a longer period.
I NRC will comply with 36 CFR 800.4 through rtakings covered by this MOA.
hree years from its date of execution by the sign ast date of signature), or until completion of the work stipulated, whiche' comes first, unless extended by agreement among the signatories pursuant to STIPULATION C.2.
Memorandum of Agreement among United States Nuclear Regulatory Commission, Wyoming State Historic Preservation Officer, Bureau of Land Management-Rawlins Field Office, and Lost Creek ISR, LLC Regarding Archaeological Data Recovery at 48SW16604, Sweetwater County, Wyoming.
Page 4 of 6
DRAFT MOA -
GENERAL PROVISIONS OF THE AGREEMENT A.
ENTIRETY OF AGREEMENT. This MOA, consisting of six pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral.
B.
PRIOR APPROVAL. This MOA shall not be binding upon a rty unless this MQA has been reduced to writing before performance begins a ribed under the terms of this MOA, and unless this MOA is approved as to form Attorney General of the State of Wyoming, or his representative.
C.
SEVERABILITY. Should any portion of this M judicially ned to be illegal or unenforceable, the remainder of the MOA sh inue c
effect according to its terms, and any party may renegotia terms affected by the rance.
D.
THIRD PARTY BENEFICIARY RIGHTS. \\
arties t intend to cre in any other individual or entity the status of third p e
ry, and this MOA shall not be construed so as to create such sttus. The rig tles and obligations contained in this MOA shall operate only b*t e parties t MOA, and shall inure solely to the benefit of the parties to this rEovision is MOA are intended only to assist the parties in determining a petheir ob ions under this MOA. The parties to this MOA intend and ex sly ag t
anly es signatory to this MOA shall have any leg table rig s
e is MOA, to seek any remedy arising out of a p
p mance o to perfor any term or condition of this MOA, or to bJh actionlorhe brea hf this MOA.
REMAI R 0 S PAGE INTENTIONALLY LEFT BLANK Memorandum of Agreement among United States Nuclear Regulatory Commission, Wyoming State Historic Preservation Officer, Bureau of Land Management-Rawlins Field Office, and Lost Creek ISR, LLC Regarding Archaeological Data Recovery at 48SW16604, Sweetwater County, Wyoming.
Page 5 of 6
DRAFT MOA-Execution of this MOA by NRC, SHPO, BLM, and Lost Creek ISR, LLC, the submission of documentation and filing of this MOA with the Council pursuant to 36 CFR §800.6(b)(1)(iv) prior to BLM's and NRC's approval of the undertaking, and implementation of its terms, are evidence that BLM and NRC have taken into account the effects of this undertaking on historic properties and afforded the Council an opportunity to comment.
Signatures: In witness thereof, the parties to this MOA through their authorized representatives have executed this MOA on the days and date sE below, and certify that they have read, understood, and agreed to the terms and con of this MOA as set forth herein.
The effective date of this MOA is the date of the last si By.
Title:
Larry W. Camper, Directp Division of Waste Managj Wyoming State Historic Preservation Offic
)ate:
=' Patrick Miigan, Rawlins Field Office Manager Wyoming Attorney General's Office Approval as to Form:
By:
Date:
Title:
Don Gerstein, Senior Assistant Attorney General Memorandum of Agreement among United States Nuclear Regulatory Commission, Wyoming State Historic Preservation Officer, Bureau of Land Management-Rawlins Field Office, and Lost Creek ISR, LLC Regarding Archaeological Data Recovery at 48SW1 6604, Sweetwater County, Wyoming.
Page 6 of 6