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| issue date = 07/05/2018
| issue date = 07/05/2018
| title = 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
| title = 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
| author name = Talley S T
| author name = Talley S
| author affiliation = NRC/NMSS
| author affiliation = NRC/NMSS
| addressee name = White D
| addressee name = White D
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| docket =  
| docket =  
| license number =  
| license number =  
| contact person = Poy S W
| contact person = Poy S
| package number = ML18186A455
| package number = ML18186A455
| document type = E-Mail
| document type = E-Mail
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=Text=
=Text=
{{#Wiki_filter:From: Talley, Sandra To: White, Duncan Cc: Michalak, Paul
{{#Wiki_filter:From:             Talley, Sandra To:               White, Duncan Cc:               Michalak, Paul; Einberg, Christian
; Einberg, Christian


==Subject:==
==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.
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:
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?
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
Will Tribes be cut out of the process completely?
* 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 WY's 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 government's consultations under NHPA impact private property rights; the Northern Arapaho also oppose this legislation as it undermines Tribal consultation for federal undertakings
* What has NRC communicated to the State on WY on a consultation process with Tribes?
~        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.
* There are 20-30 Tribes that have an interest in activity in WY. How will these Tribes be represented in this process?
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
* If there is a proposed project on BLM land, would Federal or State review regulations apply?
~        Who would ensure that Tribal nations have input into the licensing review process Sisseton-Wapeton
Northern Arapaho
~        You have concerns that the regulations developed by the State of Wyoming for regulating nuclear materials will be more lax than federal regulations
* The Northern Arapaho Nation is opposed to WYs application to become an NRC agreement state
~        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.
* 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
Fort Belknap  
* 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
~        When NRC turns regulatory authority over to the State of WY, what participation by Tribal nations will there be in the regulatory review processes?
* The State of WY wants to exclude Tribes from consultation on projects regulated under the Agreement State
~        Will there be consultation with Tribes under NHPA Section 106?}}
* 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?}}

Latest revision as of 22:09, 20 October 2019

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
Shared Package
ML18186A455 List:
References
Download: ML18186A516 (2)
v • d • e


Text

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?
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