ML21103A262
| ML21103A262 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/2021 |
| From: | Patricia Holahan, Christina Merritt, Nelson R Office of Nuclear Material Safety and Safeguards, State of UT |
| To: | |
| Trefethen J,NMSS/REFS/ERMB | |
| Shared Package | |
| ML21103A061 | List: |
| References | |
| Download: ML21103A262 (5) | |
Text
SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT AMONG THE U.S. NUCLEAR REGULATORY COMMISSION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE UTAH STATE HISTORIC PRESERVATION OFFICE REGARDING THE WHITE MESA URANIUM PROJECT IN THE VICINITY OF BLANDING, UTAH WHEREAS, the Nuclear Regulatory Commission (NRC), the Utah State Historic Preservation Officer (SHPO), and the Advisory Council on Historic Preservation (ACHP) executed a Memorandum of Agreement (MOA) on August 15, 1979, for issuance of a Source Materials License to Energy Fuels Nuclear, Inc.'s White Mesa Uranium Mill Project (the Project) in the vicinity of Blanding, Utah; and WHEREAS, the current licensee is Energy Fuels Resources (USA) Inc., and WHEREAS, in 1983, the NRC, SHPO, and ACHP amended the MOA (1983 Amended MOA) to require NRC to amend its license for the undertaking to include certain mitigation measures described under the Stipulations section of the 1983 Amended MOA; and WHEREAS, subsequent to executing the 1983 Amended MOA, the State of Utah, on August 10, 2004, assumed regulatory authority over byproduct material as defined by Section 11e.(2) of the Atomic Energy Act of 1954, as amended, and authority over extraction and concentration of source material from source material ore; and WHEREAS, when the State of Utah assumed these regulatory authorities in 2004, the Source Materials License was transferred from the NRC to the State of Utah, and the NRC no longer had regulatory authority over the activity or material authorized by the license, and thus the NRC no longer had an obligation to comply with Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108) for this Project; and WHEREAS, the State of Utah possesses a cultural resource compliance law, entitled Utah Code Annotated 9-8-404, that would apply to the subject property and the Utah Department of Environmental Quality must comply with this state law and consult with the State Historic Preservation Office on all its undertakings; and WHEREAS, the NRC, SHPO, and ACHP agree that a second amendment to the MOA should be executed to reflect the transfer of regulatory authority of the activity and material authorized by this license from the NRC to the State of Utah and to force the MOAs expiration; and NOW, THEREFORE, in accordance with 36 CFR § 800.6(c), the NRC, ACHP, and the SHPO agree to amend the MOA as follows:
Add a new stipulation:
- 7. The MOA, as amended in 1983 will expire immediately upon execution of this Second Amendment.
SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT AMONG THE U.S. NUCLEAR REGULATORY COMMISSION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE UTAH STATE HISTORIC PRESERVATION OFFICE REGARDING THE WHITE MESA URANIUM PROJECT IN THE VICINITY OF BLANDING, UTAH SIGNATORY:
The U.S. Nuclear Regulatory Commission Signed by Holahan, Patricia By: ____ on 03/31/21
___________________________Date 03/31/2021 Patricia K. Holahan, Director of the Division of Decommissioning, Uranium Recovery and Waste Programs
SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT AMONG THE U.S. NUCLEAR REGULATORY COMMISSION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE UTAH STATE HISTORIC PRESERVATION OFFICE REGARDING THE WHITE MESA URANIUM PROJECT IN THE VICINITY OF BLANDING, UTAH SIGNATORY:
Utah State Historic Preservation Office By: ____________________________________Date 4/1/2021 Christopher Merritt, Utah State Historic Preservation Officer
SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT AMONG THE U.S. NUCLEAR REGULATORY COMMISSION, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, AND THE UTAH STATE HISTORIC PRESERVATION OFFICE REGARDING THE WHITE MESA URANIUM PROJECT IN THE VICINITY OF BLANDING, UTAH SIGNATORY:
Advisory Council on Historic Preservation By: ____________________________________Date April 6, 2021 Reid J. Nelson, Executive Director, Acting