ML26035A382
| ML26035A382 | |
| Person / Time | |
|---|---|
| Issue date: | 02/04/2026 |
| From: | Dafna Silberfeld NRC/NMSS/DMSST |
| To: | |
| References | |
| Download: ML26035A382 (0) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
SUBJECT:
NOTICE OF A PROPOSED AMENDED AGREEMENT WITH THE STATE OF WYOMING AND THE U.S. NUCLEAR REGULATORY COMMISSION
Dear Tribal Leaders:
By letter dated February 21, 2023,1 Governor Mark Gordon, on behalf of the State of Wyoming, notified the U.S. Nuclear Regulatory Commission (NRC or Commission) of its intent to amend their existing Agreement State Program to include regulation of source material recovered from any mineral resources processed primarily for purposes other than obtaining the source material content, pursuant to Section 274b. of the Atomic Energy Act of 1954, as amended (AEA).
Subsequently, by letter dated August 5, 2025,2 Governor Gordon submitted a formal request for the amended Agreement. Under the proposed Agreement, the Commission would discontinue, and the State of Wyoming would assume regulatory authority over certain types of radioactive materials under federal jurisdiction, as detailed in Commission Paper, SECY-23-0075, Wyoming's Proposal to Amend the Existing Agreement to Regulate the Processing of Source Material to Extract Mineral Resources Other Than the Uranium or Thorium Content.3 In compliance with the Commissions policy,4 the NRC staff prepared a draft assessment (Enclosure 2 of SECY-25-0096, Draft Staff Assessment of the Proposed Wyoming Program for the Regulation of Agreement Materials as Described in the Request for an Amendment to the Agreement)5 of the States regulatory program. A summary of the NRCs staff draft assessment and the Wyoming proposed, amended Agreement were published in the Federal Register (91 FR 4114) on January 30, 2026. Consistent with the NRCs Tribal Policy Statement, we are informing your Tribe that both documents are available for comment and can be found at https://www.federalregister.gov/documents/2026/01/30/2026-01850/state-of-wyoming-nrc-staff-assessment-of-a-proposed-amendment-to-the-agreement-between-the-nuclear. The comment period ends on March 2, 2026. The NRC encourages electronic comment submission through the Federal rulemaking website at https://www.regulations.gov/ under Docket ID NRC-2025-2062.
Additional information on the Wyoming Agreement process, including links to NRC and Wyoming documents, can be found on our website at https://www.nrc.gov/agreement-states/wyoming/wyoming-agreement-amendment-process. For questions regarding the Agreement State Program, please contact Allyce.Bolger@nrc.gov or Huda.Akhavannik@nrc.gov in the State Agreements and Liaison Programs Branch.
1 Agencywide Documents Access and Management System (ADAMS) Accession No. ML23080A140.
2 ADAMS Accession No. ML25227A232.
3 ADAMS Accession No. ML23172A212.
4 The NRC Statement of Policy was published in the Federal Register, on January 23, 1981 (46 FR 7540-7546), a correction was published on July 16, 1981 (46 FR 36969) and a revision of Criterion 9 was published in the Federal Register, on July 21, 1983 (48 FR 33376).
5 ADAMS Accession No. ML25237A057.
February 4, 2026 If you have questions regarding this correspondence, please contact Dee Morgan, Tribal Liaison Program Manager, at Nadiyah.Morgan@nrc.gov.
Sincerely, Dafna Silberfeld, Acting Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards Signed by Silberfeld, Dafna on 02/04/26
ML26035A382 OFFICE MSST/TRT/TL MSST/D NAME NMorgan DSilberfeld DATE 2/4/26 2/4/26