ML25216A159
| ML25216A159 | |
| Person / Time | |
|---|---|
| Site: | 05000615 |
| Issue date: | 08/04/2025 |
| From: | Mangum R US Advisory Council on Historic Preservation, Office of Federal Agency Programs |
| To: | Rome M NRC/NMSS/DREFS/ETRB1 |
| References | |
| 023363 | |
| Download: ML25216A159 (1) | |
Text
ADVISORY COUNCIL ON HISTORIC PRESERVATION 401 F Street NW, Suite 308
- Washington, DC 20001-2637 Phone: 202-517-0200
- Fax: 202-517-6381
- achp@achp.gov
- www.achp.gov August 4, 2025 Michelle Rome, Chief Environmental Review Technical Branch 1 Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Nuclear Regulatory Commission 11545 Rockville Pike Rockville, MD 20852 Ref:
Construction Permit Application for a Small Modular Reactor at the Clinch River Nuclear Site Roane County, Tennessee ACHP Project Number: 023363
Dear Ms. Rome:
On July 18, 2025, the Advisory Council on Historic Preservation (ACHP) received the Nuclear Regulatory Commissions (NRC) notification pursuant to 36 CFR § 800.8(c) of Section 106 of the National Historic Preservation and its implementing regulations, Protection of Historic Properties (36 CFR Part 800). We appreciate receiving your notification that NRC will use the process and documentation required by the National Environmental Policy Act (NEPA) to comply with Section 106 in lieu of the procedures set forth in 36 CFR §§ 800.3 through 800.7.
In addition to notifying the ACHP, the NRC must also notify Tennessee State Historic Preservation Officer (SHPO) of the NRCs decision to comply with Section 106 via the NEPA process. During the preparation of NEPA documentation, the NRC must meet the standards in 36 CFR §§ 800.8(c)(1)(i) through (v), as detailed below, and describe its efforts in the resulting environmental document:
identify consulting parties either pursuant to 36 CFR § 800.3(f) or through the NEPA scoping process with results consistent with 36 CFR § 800.3(f);
identify historic properties and assess the effects of the undertaking on such properties in a manner consistent with the standards and criteria of 36 CFR §§ 800.4 through 800.5. The scope and timing of these steps may be phased to reflect the agency officials consideration of project alternatives in the NEPA process; consult regarding the effects of the undertaking on historic properties with the SHPO/THPO, Indian Tribes and Native Hawaiian organizations that might attach religious and cultural significance to the affected historic properties, other consulting parties, and the ACHP, where appropriate, during the NEPA scoping, environmental analysis, and the preparation of NEPA documents; involve the public in accordance with the agencys published NEPA procedures; and
2 develop and fully consider, in consultation with identified consulting parties, alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects of the undertaking on historic properties and describe them in the appropriate NEPA document.
Section 800.8(c)(2)(i) requires that you submit to the ACHP any draft Environmental Impact Statement (DEIS) or Environmental Impact Statement (EIS) you prepare. Inclusion of your adverse effect determination in both the DEIS/EIS and in your transmittal letter will help ensure a timely response from the ACHP regarding its decision to participate in consultation. Please indicate in your cover letter the schedule for Section 106 consultation and a date by which you require a response from the ACHP.
The regulations do not specifically require that an agency submit an Environmental Assessment (EA) to the ACHP; however, should a consulting party object that the preparation of the EA, DEIS, or EIS has not met the standards described above or that the substantive resolution of the effects on historic properties proposed is inadequate, the NRC must refer the matter to the ACHP. The NRC cannot complete the Section 106 process without resolving such objections.
Thank you for your notification pursuant to 36 CFR § 800.8(c). Should you have any questions or require additional assistance, please contact Bill Marzella at (202) 517-0209 or by e-mail at bmarzella@achp.gov and reference the ACHP Project Number.
Sincerely, Rachael Mangum Assistant Director Office of Federal Agency Programs Federal Permitting, Licensing, and Assistance Section