ML18186A516

E-mail from Sandra Talley to Duncan White on Feedback from Thpos of Topics/Questions of Interest for the April 2018 Webinar on the Wy Agreement Application

ML18186A516
Person / Time
Issue date:	07/05/2018
From:	Sandra Talley Office of Nuclear Material Safety and Safeguards
To:	Duane White Office of Nuclear Material Safety and Safeguards
Poy S
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Download: ML18186A516 (2)

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From: Talley, Sandra To: White, Duncan Cc: Michalak, Paul; Einberg, Christian

Subject:

Feedback from THPOs of topics/questions of interest for the April 2018 webinar on the WY Agreement application Date: Wednesday, March 14, 2018 8:27:06 AM Duncan:

Per our discussions. I called all the THPOs that received the original mailing from NRC (28 nations) twice. I left messages for the many that I could not reach. Below is the feedback from those that I could reach. Thanks, Sandy From Northern Cheyenne

• What happens to consultation with Tribal nations if WY takes over review of uranium recovery applications? Will Tribes be cut out of the process completely?

• What has NRC communicated to the State on WY on a consultation process with Tribes?

• There are 20-30 Tribes that have an interest in activity in WY. How will these Tribes be represented in this process?

• If there is a proposed project on BLM land, would Federal or State review regulations apply?

Northern Arapaho

• The Northern Arapaho Nation is opposed to WYs application to become an NRC agreement state

• The NRC has a legal obligation to consult with Tribal nations for a federal undertaking such as the transfer of authority to WY for project reviews

• The State of WY has legislation (SF101) that states that the Federal governments consultations under NHPA impact private property rights; the Northern Arapaho also oppose this legislation as it undermines Tribal consultation for federal undertakings

• The State of WY wants to exclude Tribes from consultation on projects regulated under the Agreement State

• NRC needs to lead a consultation with tribes that consider the state of WY to be associated with their ancestral migratory routes. A webinar is not sufficient.

Ute Mountain Ute

• If WY becomes the regulator, what happens when uranium milling is proposed for Tribal land?

• What would be the interaction between THPOs and state officials for uranium milling activities

• Who would ensure that Tribal nations have input into the licensing review process Sisseton-Wapeton

• You have concerns that the regulations developed by the State of Wyoming for regulating nuclear materials will be more lax than federal regulations

• This transfer of authority seems to represent the Federal government shirking its responsibility for a process that should be regulated at the Federal and not the State level

• How will the Federal government continue to uphold its treaty responsibilities if regulatory authority is transferred.

Fort Belknap

• When NRC turns regulatory authority over to the State of WY, what participation by Tribal nations will there be in the regulatory review processes?

• Will there be consultation with Tribes under NHPA Section 106?