AMENDMENT TO AGREEMENT BETWEEN THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION AND THE STATE OF UTAH 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 Nuclear Regulatory Commission (hereinafter referred to 

as the Commission) entered into an Agreement on March 29, 1984 (hereinafter referred to as 

the Agreement of March 29, 1984) with the State of Utah under Section 274 of the Atomic 

Energy Act of 1954, as amended (hereafter referred to as the Act) which became effective on 

April 1, 1984, 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 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 Commission entered into an amendment to the Agreement of 

March 29, 1984 (hereinafter referred to as the Agreement of March 29, 1984, as amended) 

pursuant to the Act providing for discontinuance of regulatory authority of the Commission with 

respect to the land disposal of source, byproduct, and special nuclear material received from 

other persons which became effective on May 9, 1990; and, 

WHEREAS, the Governor of the State of Utah requested, and the Commission agreed, 

that the Commission reassert Commission authority for the evaluation of radiation safety 

information for sealed sources or devices containing byproduct, source or special nuclear 

materials and the registration of the sealed sources or devices for distribution, as provided for in 

regulations or orders of the Commission; and, 

4
 
WHEREAS, the Governor of the State of Utah is authorized under Utah Code Annotated 

19-3-113 to enter into this amendment to the Agreement of March 29, 1984, as amended, 

between the Commission and the State of Utah; and, 

WHEREAS, the Governor of the State of Utah has requested this amendment in 

accordance with Section 274 of the Act by certifying on January 2, 2003 that the State of Utah 

(hereinafter referred to as the State) has a program for the control of radiological and nonradiological hazards adequate to protect the public health and safety and the environment with 

respect to byproduct material as defined in Section 11e.(2) of the Act and facilities that 

generate this material and that the State desires to assume regulatory responsibility for such 

material; and, 

WHEREAS, the Commission found on August 4, 2004, that the program of the State for 

the regulation of materials covered by this Amendment is in accordance with the requirements 

of the Act and in all other respects compatible with the Commission’s program for the regulation 

of byproduct material as defined in Section 11e.(2) of the Act and is adequate to protect 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 the State and the Commission 

programs for protection against hazards of radiation will be coordinated and compatible; and, 

WHEREAS, this Amendment to the Agreement of March 29, 1984, as amended, is 

entered into pursuant to the provisions of the Act. 

5
 
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 March 29, 1984, as amended, is amended by 

adding a new paragraph B and renumbering paragraphs B through D as paragraphs C through 

E. Paragraph B will read as follows: 

“B.	 Byproduct materials as defined in Section 11e.(2) of the Act;” 

Section 2. Article II of the Agreement of March 29, 1984, as amended, is amended by 

deleting paragraph E and inserting a new paragraph E to implement the reassertion of 

Commission authority over sealed sources and devices to read: 

“E.	 The evaluation of radiation safety information on sealed sources or devices containing 

byproduct, source, or special nuclear materials and the registration of the sealed 

sources or devices for distribution, as provided for in regulations or orders of the 

Commission.” 

Section 3. Article II of the Agreement of March 29, 1984, as amended, is amended by 

numbering the current Article as “A” by placing an A in front of the current Article language. 

The subsequent paragraphs A through E are renumbered as paragraphs 1 through 5. After the 

current amended language, the following new Paragraph B is added to read: 

“B.	 Notwithstanding this Agreement, the Commission retains the following authorities 

pertaining to byproduct material as defined in Section 11e.(2) of the Act: 

6
 
1. Prior to the termination of a State license for such byproduct material, or for any 

activity that resulted 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 and of land used as a disposal site for such 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 of Utah at the option of the 

State (provided such option is exercised prior to termination of the 

license); 

7
 
c. The authority to permit use of the surface or subsurface estates, or both, 

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

in this Section in a manner consistent with the provisions of the Uranium 

Mill Tailings Radiation Control Act of 1978, as amended, provided that 

the Commission determines that such use would not endanger public 

health, safety, welfare, or the environment; 

d. The authority to require, in the case of a license for any activity that 

produces such byproduct material (which license was in effect on 

November 8, 1981), transfer of land and material pursuant to paragraph 

2.b. in this Section taking into consideration the status of such material 

and land and interests therein, and the ability of the licensee to transfer 

title and custody thereof to the United States or the State; 

e. 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 public health and 

safety, and other actions as the Commission deems necessary; and 

f. 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.” 

8
 
Section 4. Article IX of the 1984 Agreement, as amended, is renumbered as Article X 

and a new Article IX is inserted to read: 

“ARTICLE IX 

In the licensing and regulation of byproduct material as defined in Section 11e.(2) of the 

Act, or of any activity which results in the production of such byproduct 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 reclamation or long-term surveillance and 

maintenance of such byproduct material: 

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

transferred to the United States if custody of such byproduct material and its 

disposal site is transferred to the United States upon termination of the State 

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

such byproduct 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 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.” 

9
 
This amendment shall become effective on August 15, 2004, and shall remain in effect 

unless and until such time as it is terminated pursuant to Article VIII of the Agreement of 

March 29, 1984, as amended. 

Done at Rockville, Maryland, in triplicate, this 10th day of August 2004. 

FOR THE UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

Nils J. Diaz, Chairman 

Done at Salt Lake City, Utah, in triplicate, this 16th day of August 2004.
 

FOR THE STATE OF UTAH
 

Olene S. Walker, Governor 

10