ML23257A080
| ML23257A080 | |
| Person / Time | |
|---|---|
| Issue date: | 09/14/2023 |
| From: | Kevin Williams NRC/NMSS/DMSST |
| To: | Herman S Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota |
| Shared Package | |
| ML23254A339 | List: |
| References | |
| Download: ML23257A080 (4) | |
Text
September 14, 2023
Scott Herman, President Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota P.O. Box 430 Rosebud, SD 57570
SUBJECT:
NOTIFICATION OF W YOMINGS REQUEST T O AMEND T HEIR AGREEMENT WITH THE NUCLEAR REGULATORY COMMISSION UNDER SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED AND OFFERING TRIBAL CONSULTATION
Dear President Herman:
The purpose of this letter is to notify and to offer consultation to the Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 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, 2023 2, 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 Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 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.
President Herman 2
The NRC encourages participation by all Federally recognized tribes in the regulatory process.
Should the Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota 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: Ione Quigley, 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