ML23264A129
| ML23264A129 | |
| Person / Time | |
|---|---|
| Issue date: | 09/25/2023 |
| From: | Kevin Williams NRC/NMSS/DMSST |
| To: | Sneed R Eastern Band of Cherokee Indians |
| Frey H | |
| Shared Package | |
| ML23254A339 | List: |
| References | |
| Download: ML23264A129 (4) | |
Text
Richard Sneed, Principal Chief Eastern Band of Cherokee Indians P.O. Box 1927 Cherokee, NC 28719
SUBJECT:
NOTIFICATION OF WEST VIRGINIAS REQUEST FOR AN AGREEMENT UNDER SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED AND OFFERING TRIBAL CONSULTATION
Dear Principal Chief Sneed:
The purpose of this letter is to notify and to offer consultation to the Eastern Band of Cherokee Indians with the U.S. Nuclear Regulatory Commission (NRC) concerning West Virginias request for an agreement under Section 274 of the Atomic Energy Act, of 1954, as amended in accordance with the NRCs Tribal Policy Statement.1 The State of West Virginia submitted a letter of intent on January 9, 2023,2 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.
The NRC offers to consult with the Eastern Band of Cherokee Indians 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 Acts 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 West Virginia 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. ML23039A192.
September 25, 2023 Principal Chief Sneed 2 The NRC encourages participation by all Federally recognized tribes in the regulatory process.
Should the Eastern Band of Cherokee Indians 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: Russell Townsend, THPO Tera Patton, DNR, State of West Virginia Signed by Williams, Kevin on 09/25/23
List of Tribes Receiving Offer of Consultation from NRC concerning West Virginias request for an Agreement under Section 274 of the Atomic Energy Act, in accordance with the NRCs Tribal Policy Statement
Catawba Indian Nation Cherokee Nation Delaware Nation Eastern Band of Cherokee Indians Eastern Shawnee Tribe of Oklahoma Monacan Indian Nation Seneca-Cayuga Nation The Osage Nation Tuscarora Nation
Enclosure
Ltr ML23264A129 OFFICE NMSS/MSST/SLPB NMSS/MSST NAME AWhite AW KWilliams KW DATE Aug 24, 2023 Sep 25, 2023