ML18242A427
| ML18242A427 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/2018 |
| From: | Dan Collins NRC/NMSS/DMSST |
| To: | Bearing C Northern Arapaho Tribe |
| Poy S | |
| References | |
| Download: ML18242A427 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 21, 2018 Ms. Crystal C. Bearing, Deputy Director Northern Arapaho Tribe Tribal Historic Preservation Office P.O. Box 67 St. Stephens, WY 82524
SUBJECT:
RESPONSE TO NORTHERN ARAPAHO TRIBES COMMENTS ON THE PROPOSED WYOMING STATE AGREEMENT APPLICATION
Dear Ms. C. Bearing:
This letter is in response to your August 27, 2018, e-mail on the proposed Agreement between the State of Wyoming and the U.S. Nuclear Regulatory Commission (NRC) and the draft NRC staff assessment on the proposed Agreement, both of which were published in the Federal Register in June and July of this year. The proposed Agreement is for the State of Wyoming to assume regulatory authority for a subcategory of source material involved in the extraction or concentration of uranium or thorium in source material or ores at uranium or thorium milling facilities and the management and disposal of byproduct material as defined in 11e.(2) of the Atomic Energy Act of 1954.
The NRC appreciates the Northern Arapaho Tribes continued interest in the proposed Wyoming Agreement. In your e-mail, you stated that the Northern Arapaho Tribe had provided comments in 2017 opposing the proposed Agreement. Additionally, you indicated that the Northern Arapaho Tribal Historic Preservation Office requested that all Tribes who identify the State of Wyoming as part of their ancestral migratory territory be consulted.
The NRC staff received e-mails from Ms. Soldier Wolf (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18186A643) and Mr. Devin Oldman (ADAMS Accession No. ML18193A967) from the Northern Arapaho Tribal Historical Preservation Office on May 11, 2017, and March 5, 2018, respectively; both e-mails indicated opposition to the Wyoming Agreement. Ms. Soldier Wolfs e-mail also noted the importance of ancestral remains and cultural resources to the Tribes and the lack of a work plan or funding mechanism to ensure their continued protection. Ms. Soldier Wolf also indicated that she planned to send the NRC a letter on this matter. Although we did not received such letter, the NRC staff responded to Ms.
Soldier Wolfs e-mail on May 24, 2017 (ADAMS Accession No. ML18186A643). Mr. Oldmans e-mail stated that: 1) the NRC has a legal obligation to consult with Tribal nations for a Federal undertaking such as the transfer of authority to Wyoming; 2) the State of Wyoming has legislation that states that consultations between the Federal government and Tribes under National Historical Preservation Act (NHPA) impacts private property rights which undermines Tribal consultation for Federal undertakings; and 3) the NRC needs to lead a consultation with Tribes that consider the state of Wyoming to be associated with their ancestral migratory routes.
The NRC staff responded to Mr. Oldman on April 4, 2018 (ADAMS Accession No.
ML18184A420) and initiated coordination with the Wyoming Governors Tribal liaison to set up government-to-government meetings with the two Wyoming Tribes during this time period, but were unsuccessful.
In late June 2018, the NRC staff e-mailed, telephoned, and sent letters to interested Tribes, including the Northern Arapaho Tribe, to inform them of the publication of the proposed Agreement and the draft staff assessment and to request comments (ADAMS Accession Nos.
ML18183A310 and ML18215A252). The NRC received comments similar to those provided by Ms. Soldier Wolf and Mr. Oldman from other Tribes during the comment period. The NRC staff has prepared responses to comments received during the comment period, and they have been provided to the Commission. Wyoming has requested that the Commission approve the Agreement with an effective date of September 30, 2018.
The NRC staff determined that the Wyoming Agreement process is not a Federal undertaking requiring compliance with the NHPA Section 106 regulatory requirements for consultation with Tribes. After the effective date of the Agreement, the NRCs role over transferred licenses is limited to NRCs periodic review of Wyomings Agreement program and NRCs oversight role in reviewing Wyomings license terminations. The elements of the Wyoming Agreement program that would be required for compatibility with NRCs program are limited to the health and safety of radioactive material covered under the Agreement and would not include other Federal statutory requirements, such as the National Environmental Policy Act and NHPA.
Consequently, the NRC does not review the States implementation of historical and cultural preservation requirements including Tribal consultation.
Additionally, the Wyoming Department of Environmental Quality stated during the NRCs April 26, 2018 webinar, Update on the State of Wyoming Agreement State Application, that it intends to work with interested parties, including affected Tribes, through its public participation process. When Wyoming becomes an Agreement State, interactions with Tribes and interested parties will remain unaffected as the Department will continue to follow processes outlined by Wyoming Statute, rules, and regulation (ADAMS Accession No. ML18220B129).
On January 9, 2017, the NRC published its Tribal Policy Statement (TPS). The TPS formally recognizes the unique relationship between the Federal government and Indian Tribes and describes NRCs continuing commitment to a government-to-government relationship with Tribal governments that is distinct from the interactions that the agency has with members of the public. The NRC will continue to follow the TPS for any NRC-regulated activities that occur in Wyoming. The NRC welcomes the opportunity to meet with the Northern Arapaho Tribe for a government-to-government meeting.
C. Bearing If you have any questions about the proposed Wyoming Agreement, please contact me or Paul Michalak of my staff at (301) 415-5804, or via e-mail at Paul.Michalak@nrc.gov.
Sincerely,
/RA/ SAtack for DCollins Daniel S. Collins, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards cc: Ryan Schierman, Wyoming Department of Environmental Quality Cy Lee, Wind River Development Fund
SUBJECT:
RESPONSE TO NORTHERN ARAPAHO TRIBES COMMENTS ON THE PROPOSED NRC-WYOMING STATE AGREEMENT APPLICATION DATED: SEPTEMBER 21, 2018 DISTRIBUTION:
S. Talley, NMSS/MSST/FSTB R. Erickson, RIV J. Cook, RIV ML18242A427 OFC NMSS/MSST NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME SPoy PMichalak CEinberg TCampbell SAtack for NLO DCollins DATE 8/29/18 9/07/18 9/12/18 9/6/18 9/21/18 OFFICIAL RECORD COPY