ML22047A020

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Ltr to Sac and Fox Nation Regarding Offer of Consultation Concerning Indiana'S Request for Agreement Under Section 274 of the Atomic Energy Act - Chief Wood
ML22047A020
Person / Time
Issue date: 02/14/2022
From: Kevin Williams
NRC/NMSS/DMSST
To: Jeffery Wood
Sac and Fox Nation
Whited, J/NMSS/MSST
Shared Package
ML22046A305 List:
References
Download: ML22047A020 (4)


Text

February 14, 2022 Justin Wood, Chief Sac and Fox Nation 920883 S. Highway 99, Bldg. A Stroud, OK 74079

SUBJECT:

OFFERING TRIBAL CONSULTATION CONCERNING INDIANAS REQUEST FOR AN AGREEMENT UNDER SECTION 274 OF THE ATOMIC ENERGY ACT

Dear Chief Wood:

The purpose of this letter is to offer the opportunity for the Sac and Fox Nation to consult with the U.S. Nuclear Regulatory Commission (NRC) concerning Indianas request for an Agreement under Section 274 of the Atomic Energy Act , in accordance with the NRCs Tribal Policy Statement.1 The State of Indiana submitted a letter of intent on June 11, 2021,2 to notify the NRC that it is interested in pursuing an Agreement with the NRC to assume regulatory authority over specified radioactive materials and activities. By letter dated October 15, 2021,3 the NRC informed the Sac and Fox Nation of the State of Indianas letter and stated that the NRC would keep you informed as the State of Indianas application moves through the review process.

The NRC offers to consult with the Sac and Fox Nation in accordance with the NRCs Tribal Policy Statement because the proposed Agreement could have a substantial direct effect on the Tribe by changing the relationship between the NRC and the Tribe since the National Environmental Policy Act and National Historic Preservation Act tribal consultation provisions do not apply to Agreement State licensing actions. The NRCs tribal liaisons (TLs) will serve as the primary points of contact during this process, along with the NRC Project Manager for the Indiana Agreement. The NRC will be offering this opportunity to all the Tribes on the enclosed list.

1 U.S. Nuclear Regulatory Commission, Tribal Policy Statement, January 9, 2017 (82 FR 2402) (Agencywide Document Access and Management System (ADAMS) Accession No. ML17011A243).

2 ADAMS Accession No. ML21166A134.

3 ADAMS Package Accession No. ML21267A058.

Chief Wood 2 The NRC encourages participation by federally -and State recognized Tribes in the regulatory process. Should your Tribe be interested in consultation with the NRC on this matter, please contact Ms. Maria Arribas-Colon, Branch Chief, Materials Safety and Tribal Liaison Branch at (301) 415-6026, or by email at Maria.Arribas-Colon@nrc.gov.

Sincerely, Signed by Williams, Kevin on 02/14/22 Kevin Williams, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosure:

List of Tribes receiving letter cc: Beth McCord, DNR, State of Indiana

List of Tribes Receiving Offer of Consultation from NRC concerning Indianas request for an Agreement under Section 274 of the Atomic Energy Act , in accordance with the NRCs Tribal Policy Statement Absentee Shawnee Tribe Citizen Potawatomi Nation Delaware Nation of Oklahoma Delaware Tribe of Indians Eastern Shawnee Tribe of Oklahoma Forest County Potawatomi Community Hannahville Potawatomi Indian Community Kickapoo Traditional Tribe of Texas Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas Kickapoo Tribe of Oklahoma Little River Ban of Ottawa Indians Little Traverse Bay Bands of Odawa Indians Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan Menominee Indian Tribe of Wisconsin Miami Tribe of Oklahoma Nottawaseppi Huron Band of the Potawatomi Osage Nation - The Osage Nation has agreed to consult with the NRC Ottawa Tribe of Oklahoma Peoria Tribe of Indians of Oklahoma Pokagon Band of Potawatomi Indians Prairie Band Potawatomi Nation Quapaw Tribe of Indians Sac and Fox Nation Sac and Fox Nation of Missouri in Kansas and Nebraska Sac and Fox Tribe of the Mississippi in Iowa Seneca-Cayuga Nation Shawnee Tribe United Keetoowah Band of Cherokee Indians Wyandotte Nation Enclosure

Ltr ML22047A020 OFFICE NSIR/DPR/OB NMSS/MSST/MSTB NMSS/MSST/SALB OGC/RMR NAME JWhited JW MArribas-Colon MA BAnderson BA JOlmstead JO DATE Jan 25, 2022 Jan 26, 2022 Feb 11, 2022 Feb 14, 2022 OFFICE NMSS/MSST NAME KWilliams KW DATE Feb 14, 2022