AGREEMENT

BETWEEN

THE UNITED STATES NUCLEAR REGULATORY COMMISSION

AND

THE STATE OF MINNESOTA

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) 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 as 

defined in Sections 11e. (1) and (2) 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 Minnesota is authorized under §144.1202, 

Subdivision 1, Minnesota Statutes, to enter into this Agreement with the Commission; and, 

WHEREAS, The Governor of the State of Minnesota certified on July 6, 2004, that the 

State of Minnesota (hereinafter referred to as the State) has a program for the control of 

radiation hazards adequate to protect 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, 

WHEREAS, The Commission found on January 26, 2006, 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 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 the reciprocal 

recognition of licenses, and of the granting of limited exemptions from licensing of those 

materials subject to this Agreement; and, 

WHEREAS, This Agreement is entered into pursuant to the provisions of the Act; 

NOW, THEREFORE, It is hereby agreed between the Commission and the Governor of the 

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

ARTICLE I 

Subject to the exceptions provided in Articles II, IV, and V, 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 11e. (1) of the Act; 

B. Source materials; 

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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: 

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

any uranium enrichment facility; 

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

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

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

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

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

materials 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 without a 

license from the Commission; 

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; 

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F. The regulation of the land disposal of byproduct, source, or special nuclear materials 

waste received from other persons; 

G. The extraction or concentration of source material from source material ore and the 

management and disposal of the resulting byproduct material. 

ARTICLE III 

With the exception of those activities identified in Article II, paragraphs A through D, this 

Agreement may be amended, upon application by the State and approval by the Commission, 

to include one or more of the additional activities specified in Article II, paragraphs E, F and G, 

whereby the State may then exert regulatory authority and responsibility with respect to those 

activities and materials. 

ARTICLE IV 

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 materials shall not 

transfer possession or control of such product except pursuant to a license or an exemption 

from licensing issued by the Commission. 

ARTICLE V 

This Agreement shall not affect the authority of the Commission under subsection 161b or 161i 

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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 materials. 

ARTICLE VI 

The Commission will 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 Commission and State programs for protection against 

hazards of radiation will be coordinated and compatible. The State agrees 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 materials covered by this Agreement. 

The State and the Commission agree to keep each other informed of proposed changes in their 

respective rules and regulations, and to provide each other the opportunity for early and 

substantive contribution to the proposed changes. 

The State and the Commission agree to keep each other informed of events, accidents, and 

licensee performance that may have generic implication or otherwise be of regulatory interest. 

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ARTICLE VII

The Commission and the State agree that it is desirable to provide reciprocal recognition of 

licenses for the materials listed in Article I licensed by the other party or by any other Agreement 

State. Accordingly, the Commission and the State agree to develop appropriate rules, 

regulations, and procedures by which such reciprocity will be accorded. 

ARTICLE VIII 

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 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 may also, pursuant to Section 274j of the Act, temporarily 

suspend all or part of this Agreement if, in the judgement of the Commission, an emergency 

situation exists requiring immediate action to protect public health and safety and the State has 

failed to take necessary steps. The Commission shall periodically review this Agreement and 

actions taken by the State under this Agreement to ensure compliance with Section 274 of the 

Act which requires a State program to be adequate to protect public health and safety with 

respect to the materials covered by this Agreement and to be compatible with the Commission’s 

program. 

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ARTICLE IX

This Agreement shall become effective on March 31, 2006, and shall remain in effect unless 

and until such time as it is terminated pursuant to Article VIII. 

Done at Rockville, Maryland, in triplicate, this 3rd day of February, 2006. 

FOR THE UNITED STATES NUCLEAR

REGULATORY COMMISSION

/RA/ 

Nils J. Diaz, Chairman

Done at St. Paul, Minnesota, in triplicate, this 2nd day of March, 2006. 

FOR THE STATE OF MINNESOTA 

/RA/ 

Tim Pawlenty, Governor

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