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Section 106 Process -
Consultation with Indian Tribes
on proposed Dewey-Burdock
project
Updated March 4, 2013
Under Section 106 of the
National Historic Preservation
Act, the U.S. Nuclear Regulatory
Commission is required to
consult with any Indian Tribe
that attaches religious and
cultural significance to
historic properties that could
be adversely affected by the
issuance of a Source Material
License to Powertech (USA) Inc.
for the proposed Dewey-Burdock
in-situ leach uranium mining
facility. The process has
proven to be difficult for the
Tribes, the NRC, and Powertech.
INFORMATION ON THE
SECTION 106 PROCESS
Electronic Code of Federal
Regulations - Title 36: Parks,
Forests, and Public Property,
PART 800—PROTECTION OF HISTORIC
PROPERTIES
Consultation with Indian Tribes
in the Section 106 Review
Process: A Handbook - Advisory
Council on Historic Preservation
- June 2012 (PDF 443 KB, 38
pages)
Tribal Protocol Manual -
Guidance for NRC Employees -
U.S. Nuclear Regulatory
Commission - March 2010 (PDF
11,189 KB, 24 pages)
Section 106 & Tribal
Consultation - U.S. General
Services Administration
U.S. NUCLEAR REGULATORY
COMMISSION STRATEGY FOR OUTREACH
AND COMMUNICATION WITH INDIAN
TRIBES POTENTIALLY AFFECTED BY
URANIUM RECOVERY SITES - undated
(34 KB, 7 pages)
National Historic
Preservation Act of 1966, As
amended through 2006 [With
annotations] (PDF 142 KB, 46
pages)
Advisory Council on Historic
Preservation
DOCUMENTS RELATED TO THE
SECTION 106 PROCESS FOR
DEWEY-BURDOCK
Comments on Docket ID
NRC-2012-0277; Draft
Supplemental Environmental
Impact Statement, Proposed
Dewey-Burdock In Situ Leach
Uranium Mine, South Dakota -
Jeffrey C. Parsons, Travis
Stills, and W. Cindy Gillis, on
behalf of the Oglala Sioux Tribe
- January 10, 2013 (PDF 223 KB,
22 pages)
Letter from Powertech to the
Advisory Council for Historic
Preservation describing the
company's efforts to assist NRC
staff with the Section 106
consultation process, stating
that the NRC has made a
"reasonable and good faith
effort", arguing that several
Indian Tribes have been delaying
the process because they oppose
the project, and requesting that
the ACHP intervene to bring the
process "to a timely conclusion"
- Richard Blubaugh, Vice
President-Health Safety &
Environmental Resources,
Powertech (USA) Inc. - December
26, 2012 (526 KB, 6 pages)
Letter from U.S. Nuclear
Regulatory Commission to the
Turtle Mountain Band of Chippewa
disagreeing with the concerns of
the five Sioux Tribes with
respect to the proposal by the
Turtle Mountain Band of
Chippewa, the Three Affiliated
Tribes, and the consulting firm
Kadramas, Lee and Jackson (KLJ)
for a survey to identify
properties of significance to
the Tribes, acknowledging that
KLJ will be unable to conduct
the survey, and postponing
survey efforts until the spring
of 2013 - Larry W. Camper,
Director, Division of Waste
Management - December 14, 2012
(PDF 74 KB, 4 pages)
"Proposed uranium mine could
pose issues for Pine Ridge" by
Talli Nauman, Native Sun News -
November 27, 2012
Letter from Oglala Sioux Tribe
to U.S. Nuclear Regulatory
Commission stating the tribe
"will not bow to the October 31,
2012 ultimatum of the NRC that
it join in the survey" of
historic properties of religious
and cultural significance,
because the proposal excludes
the concerns of the Sioux Tribes
regarding project scope, survey
methodology, survey area,
consideration of direct and
indirect effects, costs, use of
Sioux experts, and privacy -
John Yellow Bird Steele,
President, Oglala Sioux Tribe -
November 5, 2012 (PDF 517 KB, 4
pages)
Environmental Impact Statement
for the Dewey-Burdock Project in
Custer and Fall River Counties,
South Dakota - Supplement to the
Generic Environmental Impact
Statement for In-Situ Leach
Uranium Milling Facilities -
Draft Report for Comment -
NUREG-1910 Supplement 4, Vol. 1
- Chapters 1 to 4 - U.S. Nuclear
Regulatory Commission - November
2012 (PDF 34,238 KB, 505 pages)
Environmental Impact Statement
for the Dewey-Burdock Project in
Custer and Fall River Counties,
South Dakota - Supplement to the
Generic Environmental Impact
Statement for In-Situ Leach
Uranium Milling Facilities -
Draft Report for Comment -
NUREG-1910 Supplement 4, Vol. 2
- Chapter 5 and Appendices -
U.S. Nuclear Regulatory
Commission - November 2012 (PDF
34,471 KB, 353 pages)
NEW
Letter from Rosebud Sioux Tribe
to NRC challenging the NRC's
approach to Section 106
compliance for the Dewey-Burdock
project, and stating that a 100%
survey of the entire area of
potential effects by tribal
personnel from participating
tribes is the minimal level of
effort that must be conducted -
Russell Eagle Bear, Tribal
Historic Preservation Officer -
October 19, 2012 (PDF 482 KB, 6
pages)
Letter and Request for Proposal
to Tribal Historic Preservation
Officers requesting that Tribes
submit written proposal for TCP
survey including work
description and cost estimate by
October 1, 2012 - Kevin
Hsueh, Branch Chief, U.S Nuclear
Regulatory Commission -
September 18, 2012 (PDF 3,141
KB, 6 pages)
Draft Scope of Work - Powertech
(USA), Inc., Dewey-Burdock
Project, Purpose: Identification
of Properties of Religious and
Cultural Significance -
(undated, revised by consulting
Tribes) (PDF 110 KB, 7 pages)
Email to Tribal Historic
Preservation Officers requesting
revised Statement of Work for
TCP survey - Haimanot Yilma,
Project Manager, U.S. Nuclear
Regulatory Commission - August
30, 2012 (PDF 54 KB, 2 pages)
Letter from Powertech (USA) Inc.
to U.S. Nuclear Regulatory
Commission regarding information
needed to complete Section 106
of the National Historic
Preservation Act - August 29,
2012 (PDF 195 KB, 3 pages)
SRI Foundation Communications
with Indian Tribes Regarding the
Proposed Dewey-Burdock and Crow
Butte Projects - November 4,
2011 to August 21, 2012 (PDF 278
KB, 30 pages)
AMENDMENT OF
SOLICITATION/MODIFICATION OF
CONTRACT - Issued by U.S.
Nuclear Regulatory Commission -
Contractor: Southwest Research
Institute - July 12, 2012 (PDF
870 KB, 17 pages)
Fifteen months after
its original contract with SRI
was to expire, the NRC has
extended the contract to May
2013 and expanded the scope of
work to be performed by the
private contractor. Most
of the additional work is
related to the federal Section
106 requirement to consult with
Indian tribes to survey
traditional cultural properties
that may be adversely impacted
by Powertech's mining
activities. One of the
contract's optional tasks is to
assist the NRC during any "legal
challenge to the evaluations
made under NEPA (National
Environmental Policy Act)".
Proposed Agenda for the February
14-15, 2012 Meeting on the
Dewey-Burdock and Crow Butte
Projects (PDF 48 KB, 3 pages)
Attendees for the February
14-15, 2012 Meeting on the
Dewey-Burdock and Crow Buttte
Projects (PDF 40 KB, 1 page)
Email from NRC Project Managers
Nathan Goodman and Haimanot
Yilma to Tribal Historic
Preservation Officers regarding
February 14-15 Tribal
Consultation meeting in Rapid
City - January 19, 2012 (PDF 138
KB, 3 pages)
Letter to Tribal Historic
Preservation Officers inviting
them to a
government-to-government
consultation on February 14-15
to discuss the Dewey-Burdock
project, the Crow Butte North
Trend project, and the Crow
Butte license renewal project -
Kevin Hseuh, Branch Chief, U.S.
Nuclear Regulatory Commission -
January 19, 2012 (PDF 184 KB, 2
pages)
Email from SRI Foundation
Program Manager Martha Graham to
Tribal Historic Preservation
Officers regarding February
14-15 Tribal Consultation
meeting in Rapid City - January
10, 2012 (PDF 81 KB, 4 pages)
Email from SRI Foundation
Program Manager Martha Graham to
NRC, Powertech, and Cameco staff
including summary of
communications with tribes
between 11/4/2011 and 1/4/2012 -
January 6, 2012 (PDF 177 KB, 17
pages)
Letter to James Laysbad, Tribal
Historic Preservation Office,
Oglala Sioux Tribe, explaining
the NRC's planned Section 106
consultation process for the
proposed Dewey-Burdock and Crow
Butte uranium mining projects -
Kevin Hseuh, Branch Chief, U.S.
Nuclear Regulatory Commission -
October 28, 2011 (PDF 87 KB, 4
pages)
Letter from the U.S. Nuclear
Regulatory Commission to the
Tribal Historic Preservation
Office of the Standing Rock
Sioux Tribe responding to the
office's August 30, 2011 letter
regarding the NRC's request that
Powertech prepare a Traditional
Cultural Property (TCP) Survey
Plan - Kevin Hsueh, Branch
Chief, Environmental Review
Branch - September 9, 2011 (PDF
79 KB, 3 pages)
Letter from the Standing Rock
Sioux Tribe's Tribal Historic
Preservation Office to the U.S.
Nuclear Regulatory Commission
challenging the NRC's approach
to compliance with Section 106
of the National Historic
Preservation Act with respect to
Powertech's proposed
Dewey-Burdock uranium project -
Terry Clouthier, Tribal
Archaeologist - August 30, 2011
(PDF 509 KB, 2 pages)
Proposal from Cameco Resources
and Powertech Inc. to the U.S.
Nuclear Regulatory Commission -
A plan for assisting NRC, as the
Federal lead agency for Section
106, by gathering information
about properties of religious
and cultural significance to
Federally recognized Indian
tribes that may be affected by
their proposed undertakings -
SRI Foundation - August 30, 2011
(PDF 2,039 KB, 5 pages