ML18355A035
| ML18355A035 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 11/19/2018 |
| From: | Public Commenter Public Commenter |
| To: | NRC/NMSS/FCSS |
| NRC/NMSS/FCSS | |
| References | |
| 83FR44922 | |
| Download: ML18355A035 (6) | |
Text
1 WCS_CISFEISCEm Resource From:
Ian Zabarte <mrizabarte@gmail.com>
Sent:
Monday, November 19, 2018 9:05 PM To:
WCS_CISFEIS Resource
Subject:
[External_Sender] Docket ID NRC-2016-0231 Attachments:
2018_CISF_WCS_NRC_SCOPING_COMMENTS_Docket ID NRC-2016-0231.pdf Comments of Principal Man Ian Zabarte Western Bands of the Shoshone Nation of Indians Regarding the US Nuclear Regulatory Commission Environmental Impact Statement for Interim Storage Partners Proposed Consolidated Interim Storage Facility for Spent Nuclear Fuel by Waste Control Specialists Docket ID NRC-2016-0231 Date Submitted: November 19, 2018 Submitted by email: Jennifer.Borges@nrc.gov & WCS_CISF_EIS@nrc.gov May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
A) Yucca Mountain Ownership by the Shoshone Nation The proposed Yucca Mountain repository is not owned by the United Stated and the US Nuclear Regulatory Commission acknowledges that the US Department of Energy has not proven ownership of the site, a disqualifying condition and, therefore, the proposed Consolidated Interim Storage Facility is a violation federal law because it will be the final site for storing spent fuel and not Yucca Mountain.[1]
B) Violation of International Law The proposed Consolidated Interim Storage Facility violates article Eleven of the 1848 Treaty of Guadalupe Hidalgo (9 Stat. 922) by the United States making laws that place at risk or impact the living lifeways of Shoshonean people in relation our homelands increasingly making our lands uninhabitable and potentially in need of seeking new homes[2]
C) Religion Native American The southwest is a sacred religious space of Shoshonean people for visioning that requires medicine harvested regionally including peyote in Mexico and the US--New Mexico and Texas. Medicine people travel to obtain and create medicine used for spiritual healing and physical healing for thousands of years and will continue to practice medicine for thousands of years. Native American Practitioners will be placed at increased risk of exposure to radiation for thousands of years along Native American pathways traveled when visioning.
D) Water Religion Water is a religious sacrament used by religious practitioners and must be considered. Fresh water is limited and important to the identity of Shoshonean people.
E) Ownership Subject to Extinguishment of Indian Title The Interim Consolidated Storage Facility impacts Native American property that is subject to extinguishment of Indian title.[3]
F) Water as property Water necessary for Shoshonean people is potentially impacted and placed at risk and is subject to extinguishment of Indian title (ibid 3).
2 G) Disproportionate Impact to Shoshonean People Lifestyle is important. The US does not use a culturally appropriate context to determining the likely risk of exposure to indigenous peoples. Assessment of risk to living lifeways and reasonable maximally exposed individuals living a Native American lifestyle will be different than individuals living a historical American lifestyle.[4]
[1] https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/v4/, The NRC staff finds that DOE has not met the requirements 10 CFR 63.121(a) and 10 CFR 63.121(d)(1) regarding ownership of land and water rights, respectively. Nevada Organic Act 1861 No portion of Indian country will be included in boundaries of any state
[2] Article XI, Special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States has solemnly obliged themselves to restrain.
[3] US V. Santa Fe Pacific Railroad, 314 U.S. 339 (1941).
[4] www.nativecommunityactioncouncil.org
Federal Register Notice:
83FR44922 Comment Number:
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Zabarte Comments 11/19/2018 Docket ID NRC-2016-0231 http://www.nativecommunityactioncouncil.org Comments of Principal Man Ian Zabarte Western Bands of the Shoshone Nation of Indians Regarding the US Nuclear Regulatory Commission Environmental Impact Statement for Interim Storage Partners Proposed Consolidated Interim Storage Facility for Spent Nuclear Fuel by Waste Control Specialists Docket ID NRC-2016-0231 Date Submitted: November 19, 2018 Submitted by email: Jennifer.Borges@nrc.gov & WCS_CISF_EIS@nrc.gov May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Zabarte Comments 11/19/2018 Docket ID NRC-2016-0231 http://www.nativecommunityactioncouncil.org Specific Comments of the Shoshone Nation for Scoping, Environmental Review and Formal Response A)
Yucca Mountain Ownership by the Shoshone Nation The proposed Yucca Mountain repository is not owned by the United Stated and the US Nuclear Regulatory Commission acknowledges that the US Department of Energy has not proven ownership of the site, a disqualifying condition and, therefore, the proposed Consolidated Interim Storage Facility is a violation federal law because it will be the final site for storing spent fuel and not Yucca Mountain.i B)
Violation of International Law The proposed Consolidated Interim Storage Facility violates article Eleven of the 1848 Treaty of Guadalupe Hidalgo (9 Stat. 922) by the United States making laws that place at risk or impact the living lifeways of Shoshonean people in relation our homelands increasingly making our lands uninhabitable and potentially in need of seeking new homes.ii C)
Religion Native American The southwest is a sacred religious space of Shoshonean people for visioning that requires medicine harvested regionally including peyote in Mexico and the US--New Mexico and Texas. Medicine people travel to obtain and create medicine used for spiritual healing and physical healing for thousands of years and will continue to practice medicine for thousands of years. Native American Practitioners will be placed at increased risk of exposure to radiation for thousands of years along Native American pathways traveled when visioning.
D)
Water as Right to Religious Freedom Water is a religious sacrament used by indigenous religious practitioners and must be considered. Fresh water is limited and important to the identity of Shoshonean people.
E)
Ownership Subject to Extinguishment of Indian Title The Interim Consolidated Storage Facility impacts Shoshonean and other Indigenous peoples property that is subject to extinguishment of Indian title.iii F)
Water as Property Right Water necessary for Shoshonean people is potentially impacted and placed at risk and is subject to extinguishment of Indian title (ibid 3).
G)
Disproportionate Impact to Shoshonean People Lifestyle is important. The US does not use a culturally appropriate context to determining the likely risk of exposure to indigenous peoples. Assessment of risk to living lifeways and reasonable maximally exposed individuals living a Native American lifestyle will be different than individuals living a historical American lifestyle.iv i https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1949/v4/ The NRC staff finds that DOE has not met the requirements 10 CFR 63.121(a) and 10 CFR 63.121(d)(1) regarding ownership of land and water rights, respectively. Nevada Organic Act 1861 No portion of Indian country will be included in boundaries of any state 1863 Treaty of Ruby Valley, Consolidated Treaty Series Vol. 127 (1863).
ii Article XI, Special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States has solemnly obliged themselves to restrain.
iii US V. Santa Fe Pacific Railroad, 314 U.S. 339 (1941).
Zabarte Comments 11/19/2018 Docket ID NRC-2016-0231 http://www.nativecommunityactioncouncil.org iv www.nativecommunityactioncouncil.org