AMENDMENT TO 

AGREEMENT 

BETWEEN THE 

UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND THE STATE OF COLORADO 

FOR 

DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY 

AUTHORITY 

AND 

RESPONSIBILITY WITHIN THE STATE PURSUANT TO 

SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 

WHEREAS, The United States Atomic Energy Commission1

 (hereinafter 

referred to as the Commission) entered into an Agreement (hereinafter referred to as 

the Agreement of January 16, 1968) with the State of Colorado under section 274 of 

the Atomic Energy Act of 1954, as amended, (hereinafter referred to as the Act), 

which Agreement became effective on February 1, 1968, and provided for 

discontinuance of the regulatory authority of the Commission within the State under 

Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials 

as defined in section 11e.(1) of the Act, source materials, and special nuclear 

materials in quantities not sufficient to form a critical mass; and 

WHEREAS, The Governor of the State of Colorado has requested this 

amendment in accordance with section 274 of the Act, and 

WHEREAS, The Commission found on March 1, 1982, that the 

program of the State for the regulation of the materials covered by this Agreement is 

1Under the provisions of the Energy Reorganization Act of 

1974, the regulatory functions formerly carried out by the Atomic 

Energy Commission are now carried out by the Nuclear Regulatory 

Commission as of January 19, 1975. 

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in accordance with the requirements of section 274o of the Act and in all other 

respects compatible with the Commission's program for the regulation of such 

materials and is adequate to protect the public health and safety; and 

WHEREAS, this amendment is entered into pursuant to the provisions of the 

Atomic Energy Act of 1954, as amended; 

NOW, THEREFORE, it is hereby agreed between the Commission and the 

Governor of the State, acting on behalf of the State, as follows: 

Section 1. ARTICLE I of the Agreement of January 16, 1968, is amended 

by adding "as defined in section lle.(1) of the Act;" after the words "by product 

materials" in paragraph A., by redesignating paragraphs B. and C. as paragraphs C. 

and D., and by inserting the following new paragraph immediately after paragraph 

A.: 

"B. Byproduct materials as defined in section lle.(2) of the Act;". 

Section 2. ARTICLE II of the Agreement of January 16, 1968, is amended by 

inserting "A." before the words "This Agreement," by redesignating paragraphs A. 

through D. as subparagraphs 1. through 4., and by adding the following at the end 

thereof: 

"B. Notwithstanding this Agreement, the Commission retains the following 

authorities pertaining to byproduct materials section lle.(2) of the Act: 

"1. Prior to the termination of a State license for such byproduct material, or 

for any activity that results in the production of such material, the Commission shall 

have made a determination that all applicable standards and requirements pertaining 

to such material have been met. 

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"2. The Commission reserves the authority to establish minimum standards 

governing reclamation, long-term surveillance or maintenance, and ownership of 

such byproduct material. Such reserved authority includes: 

"a. The authority to establish terms and conditions as the Commission 

determines necessary to assure that, prior to termination of any license for such 

byproduct material, or for any activity that results in the production of such material, 

the licensee shall comply with decontamination, decommissioning, and reclamation 

standards prescribed by the Commission; and with ownership requirements for such 

materials and its disposal site; 

"b. The authority to require that prior to termination of any license for such 

byproduct material or for any activity that results in the production of such material, 

title to such byproduct material and its disposal site be transferred to the United 

States or the State at the option of the State (provided such option is exercised prior 

to termination of the license). 

"c. The authority to permit use of surface or subsurface estates, or both, of the 

land transferred to the United States or the State pursuant to subparagraph B.2.b. of 

this Article, but any such use of land transferred to the State may be made only with 

the concurrence of the State; 

"d. The authority to require the Secretary of the Department of Energy, other 

Federal agency, or State, whichever has custody of such byproduct material and its 

disposal site, to undertake such monitoring, maintenance, and emergency measures 

as are necessary to protect the public health and safety, and other actions as the 

Commission deems necessary; and 

“e. The authority to enter into arrangements as may be appropriate to assure 

Federal long term surveillance or maintenance of such byproduct material and its 

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disposal site on land held in trust by the United States for any Indian tribe or land 

owned by an Indian tribe and subject to a restriction against alienation imposed by 

the United States.". 

Section 3. ARTICLE III of the Agreement of January 16, 1968, is amended 

by inserting "otherwise licensable by the State under Article I of this Agreement" 

after the words "special nuclear material." 

Section 4. ARTICLE VII of the Agreement of January 16, 1968, is amended 

by inserting "all or part of" after the words "terminate or suspend," by inserting "(1)" 

after the words "finds that," and by adding at the end before the period the 

following: 

", or (2) the State has not complied with one or more of the requirements of 

section 274 of the Act. The Commission shall periodically review this Agreement 

and actions taken by the State under this Agreement to ensure compliance with the 

provisions of section 274 of the Act.". 

Section 5. ARTICLE VIII of the Agreement of January 16, 1968, is amended 

by redesignating it Article IX and by inserting a new Article VIII as follows: 

"In the licensing and regulation of byproduct material as defined in section 

1le.(2) of the Act, or of any activity which results in production of such material, the 

State shall comply with the provisions of section 274o of the Act. If, in such 

licensing and regulation, the State requires financial surety arrangements for the 

reclamation of long term surveillance or maintenance of such material, 

"A. The total amount of funds the State collects for such purposes shall be 

transferred to the United States if custody of such material its disposal site is 

transferred to the United States upon termination of the State license for such 

material or any activity which results in the production of such material. Such funds 

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include, but are not limited to, sums collected for long term surveillance or 

maintenance. Such funds do not, however, include monies held as surety where no 

default has occurred and the reclamation or other bonded activity has been 

performed; and 

"B. Such State surety or other financial requirements must be sufficient to 

ensure compliance with those standards established by the Commission pertaining to 

bonds, sureties, and financial arrangements to ensure adequate reclamation and long 

term management of such byproduct material and its disposal site.". 

This amendment shall become effective on April 20, 1982, and shall remain 

in effect unless and until such time as it is terminated pursuant to Article VII. 

Done at Denver, State of Colorado, in triplicate, this 20th day of April 1982. 

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