AGREEMENT

BETWEEN THE

UNITED STATES ATOMIC ENERGY COMMISSION

AND THE

STATE OF NEW MEXICO

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 Commission (hereinafter 

referred to as the Commission) is authorized under Section 274 of the Atomic 

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

agreements with the Governor of any State providing 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, source materials, 

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

WHEREAS, The Governor of the State of New Mexico is authorized under 

Chapter 284, Section 12-9-11, Laws of 1971 to enter into this Agreement with the 

Commission; and 

WHEREAS, The Governor of the State of New Mexico certified on July 2, 

1973, that the State of New New Mexico (hereinafter referred to as the State) has a 

program for the control of radiation hazards adequate to protect the public health 

and safety with respect to the materials within the State covered by this Agreement, 

and that the State desires to assume regulatory responsibility for such materials; and 

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WHEREAS, The Commission found on March 28, 1974, that the program of 

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

with the Commission's program for the regulation of such materials and is adequate 

to protect the public health and safety; and 

WHEREAS, The State and the Commission recognize the desirability 

and importance of cooperation between the Commission and the State in the 

formulation of standards for protection against hazards of radiation and in assuring 

that State and Commission programs for protection against hazards of radiation will 

be coordinated and compatible; and 

WHEREAS, The Commission and the State recognize the desirability of 

reciprocal recognition of licenses and exemptions from licensing of those materials 

subject to this Agreement; and 

WHEREAS, This Agreement 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 

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

ARTICLE I 

Subject to the exceptions provided in Articles II, III, and IV, the Commission 

shall discontinue, as of the effective date of this Agreement, the regulatory authority 

of the Commission in the State under Chapters 6, 7, and 8, and Section 161 of the 

Act with respect to the following materials: 

A. Byproduct materials; 

B. Source materials; and 

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C. Special nuclear materials in quantities not 

sufficient to form a critical mass.

ARTICLE II 

This Agreement does not provide for discontinuance of any authority and the 

Commission shall retain authority and responsibility with respect to regulation of: 

A. The construction and operation of any production or utilization facility; 

B. The export from or import into the United States of byproduct, source, 

or special nuclear material, of any production or utilization facility; 

C. The disposal into the ocean or sea of byproduct, source, or special 

nuclear waste materials as defined in regulations or orders of the Commission; 

D. The disposal of such other byproduct, source, or special nuclear 

material as the Commission from time to time determines by regulation or order 

should, because of the hazards or potential hazards thereof, not be so disposed of 

without a license from the Commission. 

ARTICLE III 

Notwithstanding this Agreement, the Commission may from time to time by 

rule, regulation, or order, require that the manufacturer processor, or producer of 

any equipment, device, commodity, or other product containing source, byproduct, 

or special nuclear material shall not transfer possession or control of such product 

except pursuant to a license or an exemption from licensing issued by the 

Commission. 

ARTICLE IV 

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This Agreement shall not affect the authority of the Commission under 

subsection 161 b. or i. of the Act to issue rules, regulations, or orders to protect the 

common defense and security, to protect restricted data or to guard against the loss 

or diversion of special nuclear material. 

ARTICLE V 

The Commission will use its best efforts to cooperate with the State and other 

agreement States in the formulation of standards and regulatory programs of the 

State and the Commission for protection against hazards of radiation and to assure 

that State and Commission programs for protection against hazards of radiation will 

be coordinated and compatible. The State will use its best efforts to cooperate with 

the Commission and other agreement States in the formulation of standards and 

regulatory program of the State and the Commission for protection against hazards 

of radiation and to assure that the State’s program will continue to be compatible 

with the program of the Commission for the regulation of like materials. The State 

and the Commission will use their best efforts to keep each other informed of 

proposed changes in their respective rules and regulations and licensing, inspection 

and enforcement policies and criteria, and to obtain the comments and assistance of 

the other party thereon. 

ARTICLE VI 

The Commission and the State agree that it is desirable to provide for 

reciprocal recognition of licenses for the materials listed in Article I licensed by the 

other party or by any agreement State. Accordingly, the Commission and the State 

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agree to use their best effort to develop appropriate rules, regulations, and 

procedures by which such reciprocity will be accorded. 

ARTICLE VII 

The Commission, upon its own initiative after reasonable notice and 

opportunity for hearing to the State, or upon request of the Governor of the State, 

may terminate or suspend this Agreement and reassert the licensing and regulatory 

authority vested in it under the Act if the Commission finds that such termination or 

suspension is required to protect the public health and safety. 

ARTICLE VIII 

This Agreement shall become effective on May 1, 1974, and shall remain in 

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

Done at Santa Fe, State of New Mexico, in triplicate, this 3rd day of April 

1974. 

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