ARTICLES OF 

AGREEMENT

BETWEEN THE

UNITED STATES ATOMIC ENERGY 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

Note: The following is the text of the Articles of the Agreement between the Atomic 

Energy Commission and the State of Colorado effective February 1, 1968 and which 

was amended effective April 20, 1982. New language added by the amendment is 

underlined. 

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 as defined in section lle.(1) of the Act; 

B. Byproduct materials as defined in section lle.(2) 

of the Act; 

C. Source materials; and 

D. Special nuclear materials in quantities not sufficient 

to form a critical mass. 

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ARTICLE II 

A. This Agreement does not provide for discontinuance of any authority 

and the Commission shall retain authority and responsibility with respect to 

regulation of: 

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

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

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

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

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

4. 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. 

B. Notwithstanding this Agreement, the Commission retains the following 

authorities pertaining to byproduct materials as defined in 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. 

2. The Commission reserves the authority to establish minimum standards 

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

such byproduct material. Such reserve 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 

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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 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 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. 

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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 otherwise licensable by the State under Article I of this 

Agreement shall not transfer possession of control of such product except pursuant 

to a license or an exemption from licensing issued by the Commission. 

ARTICLE IV 

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 programs 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 

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

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

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 

agree to use their best efforts 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 all or part of this Agreement and reassert the licensing and 

regulatory authority vested in it under the Act if the Commission finds that (1) such 

termination or suspension is required to protect the public health and safety, 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 Aqreement and actions 

taken by the State under this Agreement to ensure compliance with the provisions of 

section 274 of the Act. 

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ARTICLE VIII 

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

lle.(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 or 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 and 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 protection of such 

material. Such funds 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. 

ARTICLE IX 

This Agreement shall become effective on February 1, 1968, and shall remain 

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

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_______________________________________________________ 

_______________________________________________________ 

Done at Denver, State of Colorado, in triplicate, this 1st day of February, 

1968. 

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION 

Gerald F. Tape, Commissioner 

FOR THE STATE OF COLORADO 

John A. Love, Governor 

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. 

FOR THE STATE OF COLORADO 

Richard D. Lamm, Governor 

Done at Washington, District of Columbia, in triplicate, this 30th day of March, 

1982. 

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FOR THE UNITED STATES NULCEAR REGULATORY COMMISSION

Nunzio J. Palladino, Chairman 

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