ML18193A882

Outreach Summary with Tribes on Wy Agreement 06202017

ML18193A882
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Issue date:	06/20/2017
From:	Office of Nuclear Material Safety and Safeguards
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ML18193A447	List: ML18193A448 ML18193A856 ML18193A882 ML18193A903 ML18193A919
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Download: ML18193A882 (4)

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SUMMARY

OF TRIBAL OUTREACH ACTIVITIES INVOLVING THE WYOMING AGREEMENT (Revised 6/20/17)

With the support of the Tribal liaison team, the ASPB has engaged in the following outreach activities to tribes in the Northern Plains that had previously expressed interest in NRC licensing of uranium mill facilities in Wyoming regarding the application by the State of Wyoming to become an Agreement state:

• Phone calls and follow up emails to Tribal Historic Preservation Officers (THPOs) notifying them of the availability of WYs draft regulations and the opportunity to comment (March 20 - April 7, 2017)

• Letters to Tribal Chairpersons and Tribal Historic Preservation Officer for 30 tribes (April 25, 2017)

• Email invitations to participate in a webinar on Wyoming becoming an Agreement state on May 16, 2017 (April 26-May 3, 2017)

• Email invitation to the same webinar mentioned above, rescheduled to May 31, 2017. (May 11, 2017)

• Emails to THPOs notifying them of the availability of Wyomings draft regulations and the opportunity to provide comment (June 16, 2017)

Below are the individual responses received by MSTR staff and action taken.

Outreach Activity Tribal Feedback NRC Response Future Action Phone calls and follow up emails to Clair Green, THPO Lower Brule Sioux Tribe Email on March 28, 2017 None.

THPOs notifying them of the requested information on WYs adherence Follow-up phone call on April 5, availability of WYs draft regulations to Federal guidelines in developing their 2017 with Ms. Green: provided and the opportunity to comment proposed program. (March 27, 2017) responses to her questions.

(March 20 - April 7, 2017)

Phone calls and follow up emails to Alvin Windy Boy, THPO Chippewa Cree Email on March 28, 2017 to After April 24th call, THPOs notifying them of the Tribes of the Rocky Boy Reservation schedule call. Four follow-up requested that Mr.

availability of WYs draft regulations requested information on (1) the impact of calls at scheduled times Windy Boys office and the opportunity to comment the transfer of authority on existing between April 6 and 24, 2017 to contact NRC with a (March 20 - April 7, 2017) programmatic agreements and (2) More speak with Mr. Windy Boy convenient time information on NRC involvement in an resulted in rescheduling due to for the call. No unrelated DOE program. (March 27, 2017) his schedule conflicts. response to date.

Non-specific: Phone call from Ryan Mr. Ortiz and Mr. Babbits asked specific Provided responses to the None. Mr. Ortiz Ortiz and Steve Babbits, Northern questions regarding the environmental questions during the April 4, indicated that he Arapaho Tribe (NA Environmental) to review process under an Agreement State, 2017 call. Exchanged emails would report to the NRC jurisdiction of groundwater from a State later on April 4th to acknowledge tribal council on licensed ISL, the status of the Title I site on discussion and contact the conversation.

their reservation after the Agreement goes information into effect, and jurisdictional questions 1

SUMMARY

OF TRIBAL OUTREACH ACTIVITIES INVOLVING THE WYOMING AGREEMENT (Revised 6/20/17)

Outreach Activity Tribal Feedback NRC Response Future Action involving future applications for uranium milling operation on or near their reservation. Mr. Ortiz indicated that he participated in a March 13, 2017 meeting between the State and the two Wyoming tribes and that the SHPO had contacted them about the Agreement. (April 4, 2017)

Invitation to THPOs to participate in a Yufna Soldier Wolf, THPO Northern OGC suggested a phone call to Call Ms. Wolf rescheduled webinar Arapaho Tribe responded to invitation that Ms. Soldier Wolf to better (May 11, 2017) her program is opposed to the project. understand her concerns and to Stated that she planned to compose a see if her concerns would be letter. Stated that she had not seen any covered in the webinar.

information on how the State of WY Email send May 24, 2017 planned to address ancestral remains or requesting convenient time for cultural resources. (May 11, 2017) call. No response to date.

Non-specific; outreach in general ACHP relayed a portion of an email by Mr. Email send May 24, 2017 Call Mr. Kill A Garrie Kills A Hundred, THPO, and requesting convenient time for Hundred Flandreau Santee Sioux Tribe that was sent call. No response to date.

to ACHP that communicated that he and other THPOs are against the agreement state concept because of the government-to-government relationship and are concerned with the impact on historic properties. ACHP requested that NRC respond directly to Mr. Kills A Hundred (May 23, 2017)

Non-specific; outreach in general Kristina Quaempts, on behalf of the During follow-up conversation None, matter Northern Cheyenne Tribe requested with Ms. Quaempts, NRC staff resolved.

contact information for WY DEQ. She sent (Talley and White) stated that a document for the Northern Cheyennes the NRC is not requesting Section 106 automated consultation consultation on the Wyoming request system. It appears that the NRC draft agreement application and Tribal Chairman letter may have been our letter to the Northern 2

SUMMARY

OF TRIBAL OUTREACH ACTIVITIES INVOLVING THE WYOMING AGREEMENT (Revised 6/20/17)

Outreach Activity Tribal Feedback NRC Response Future Action misinterpreted as a request from the NRC Cheyenne Tribe on the draft for consultation. (June 5, 2017) agreement was strictly meant to inform them of our activities.

Ms. Quaempts indicated that the tribe was under the impression that the NRC was asking for consultation.

Confirmatory email sent to Ms.

Quaempts to document the conversation (June 15, 2017)

Webinar on WY becoming an Steve Vance, THPO expressed concerns Agreement state. (May 31, 2017) about (1) NRCs support of its consultation commitment as expressed in the NRC Tribal policy statement; (2) the lack of face time with NRC since 2014; (3) the perceived intent of WY to push tribes out of the process for reviewing licenses; (4) past contamination of the Cheyenne River from uranium projects and the path forward for the tribe to protect its water resources when there is no Federal consultation. He indicated that he is looking forward to NRCs future outreach and consultation as he has more questions and concerns that he would like to raise.

Emails to THPOs notifying them of the availability of Wyomings draft regulations and the opportunity to provide comment (June 16, 2017) 3

SUMMARY

OF TRIBAL OUTREACH ACTIVITIES INVOLVING THE WYOMING AGREEMENT (Revised 6/20/17)

Future Actions

• Website on Wyoming Agreement with the purpose of providing a clearinghouse on information of interest to the public and the Tribes

• Possible participation in regional tribal meetings to discuss Wyoming Agreement process 4