ML23257A071

Nez Perce Tribe of Id Wy Notification of Wy Request to Amend Their Agreement with the NRC Under Section 274 of the AEA

ML23257A071
Person / Time
Issue date:	09/14/2023
From:	Kevin Williams NRC/NMSS/DMSST
To:	Wheeler S Nez Perce Tribe
Shared Package
ML23254A339	List: ML23256A354 ML23257A056 ML23257A058 ML23257A059 ML23257A060 ML23257A061 ML23257A068 ML23257A069 ML23257A070 ML23257A071 ML23257A076 ML23257A078 ML23257A079 ML23257A080 ML23257A081 ML23257A083 ML23257A084 ML23264A124 ML23264A126 ML23264A127 ML23264A129 ML23264A131 ML23264A132 ML23264A135 ML23264A136
References
Download: ML23257A071 (4)

Text

September 14, 2023 Shannon Wheeler, Chairman Nez Perce Tribe P.O. Box 305 Lapwai, ID 83540-0305

SUBJECT:

NOTIFICATION OF WYOMINGS REQUEST TO AMEND THEIR AGREEMENT WITH THE NUCLEAR REGULATORY COMMISSION UNDER SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED AND OFFERING TRIBAL CONSULTATION

Dear Chairman Wheeler:

The purpose of this letter is to notify and to offer consultation to the Nez Perce Tribe with the U.S. Nuclear Regulatory Commission (NRC) concerning Wyomings request to amend their agreement under Section 274 of the Atomic Energy Act (AEA) of 1954, as amended, in accordance with the NRCs Tribal Policy Statement.1 The State of Wyoming submitted a letter of intent on February 21, 20232, to notify the NRC that it is interested in pursuing an amendment to the existing 2018 Agreement with the NRC to assume regulatory authority over source material recovered from any mineral resources3 processed primarily for purposes other than the uranium and thorium content. The NRC would continue regulatory authority over the remaining subcategories of source material, Section 11e.(1), (3) and (4) of the AEA categories of byproduct material, and all special nuclear material in Wyoming.

The NRC offers to consult with the Nez Perce Tribe in accordance with the NRCs Tribal Policy Statement because the proposed amended 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 Wyoming Agreement. The NRC will be offering consultation 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. ML23080A140.

3 Wyomings authorizing legislation for the proposed amended Agreement defines mineral resources, for the purposes of the amended Agreement, as any host rock, ore, material or waste associated with mining or milling that contains a recoverable mineral.

Chairman Wheeler 2 The NRC encourages participation by all Federally recognized tribes in the regulatory process.

Should the Nez Perce Tribe be interested in consultation with the NRC on this matter, please contact Ms. Heather Frey, Tribal Liaison, Tribal Relations Team at (301) 415-5005, or by email at Heather.Frey@nrc.gov.

Sincerely, 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: Patrick Baird, THPO Brandi OBrian, Wyoming Department of Environmental Quality

List of Tribes Receiving Offer of Consultation from NRC concerning Wyomings request to amend the Agreement under Section 274 of the Atomic Energy Act of 1954, as amended, in accordance with the NRCs Tribal Policy Statement

• Apache Tribe of Oklahoma

• Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota

• Cheyenne and Arapaho Tribes, Oklahoma

• Comanche Nation, Oklahoma

• Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota

• Crow Tribe of Montana

• Eastern Shoshone Tribe of the Wind River Reservation, Wyoming

• Fort Belknap Indian Community of the Fort Belknap Reservation of Montana

• Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota

• Nez Perce Tribe, Idaho

• Northern Arapaho Tribe of the Wind River Reservation, Wyoming

• Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana

• Oglala Sioux Tribe, South Dakota

• Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota

• Santee Sioux Nation, Nebraska

• Standing Rock Sioux Tribe of North & South Dakota

• Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota Enclosure

ML23254A339; Ltr ML23257A056 OFFICE NMSS/MSST/SLPB NMSS/MSST NMSS/MSST NAME AWhite AW KWilliams KW KWilliams KW DATE Sep 11, 2023 Sep 12, 2023 Sep 14, 2023