ATTACHMENT 

AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY 

COMMISSION AND THE STATE OF WYOMING FOR THE 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, 42 U.S.C. Section 2011 et seq. (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 material as 

defined in Section 11 e.(2) of the Act and source material involved in the extraction or 

concentration of uranium or thorium in source material or ores at milling facilities; and, 

WHEREAS, The Governor of the State of Wyoming is authorized under 

Wyoming Statute Section 35-11-2001 to enter into this Agreement with the 

Commission; and, 

WHEREAS, The Governor of the State of Wyoming certified on November 14, 

2017, that the State of Wyoming (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 September 10, 2018, 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 Act; 

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

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

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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, 7, and 8, and Section 161 of the Act with 

respect to the following materials: 

A. Byproduct material as defined in Section 11 e.(2) of the Act; and, 

B. Source material involved In the extraction or concentration of uranium or 

thorium in source material or ores at uranium or thorium milling 

facilities (hereinafter referred to as "source material associated with 

milling activities"). 

ARTICLE II 

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

authority, and the Commission shall retain authority and responsibility, 

with respect to: 

1. Byproduct material as defined in Section 11e.(1) of the Act; 

2. Byproduct material as defined in Section 11 e.(3) of the Act; 

3. Byproduct material as defined in Section 11 e.( 4) of the Act; 

4. Source material except for source material as defined in Article 

I.B. of this Agreement; 

5. Special nuclear material; 

6. The regulation of the land disposal of byproduct, source, or 

special nuclear material received from other persons, excluding 

11 e.(2) byproduct material or source material described in Article 

I.A. and B. of this Agreement; 

7. The evaluation of radiation safety information on sealed 

sources or devices containing byproduct, source, or special 

nuclear material and the registration of the sealed sources or 

devices for distribution, as provided for in regulations or orders 

of the Commission; 

8. The regulation of the construction and operation of any 

production or utilization facility or any uranium enrichment 

facility; 

9. The regulation of the export from or import into the United States 

of byproduct, source, or special nuclear material, or of any 

production or utilization facility; 

10. The regulation of the disposal into the ocean or sea of byproduct, 

source, or special nuclear material waste as defined in the 

regulations or orders of the Commission; 

11. The regulation of 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 to be so disposed without a 

license from the Commission; 

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12. The regulation of activities not exempt from Commission 

regulation as stated in 10 CFR Part 150; 

13. The regulation of laboratory facilities that are not located at facilities 

licensed under the authority relinquished under Article I.A. and B. of 

this Agreement; and, 

14. Notwithstanding this Agreement, the Commission shall retain 

regulatory authority over the American Nuclear Corporation license 

(License No. SUA-667; Docket No. 040-04492). 

B. Notwithstanding this Agreement, the Commission retains the following 

authorities pertaining to byproduct material as defined in Section 

11 e.(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 and of land 

used as its 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 

material 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); 

d. The authority to permit use of the surface or subsurface 

estates, or both, of the land transferred to the United States 

or a State pursuant to paragraph 2.b. in this section in a 

manner consistent with the provisions of the Uranium Mill 

Tailings Radiation Control Act of 1978, provided that the 

Commission determines that such use would not endanger 

public health, safety, welfare, or the environment; 

e. 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 

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interests therein and the ability of the licensee to transfer title 

and custody thereof to the United States or a State; 

f. The authority to require the Secretary of the United States 

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, 

g. 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. 

3. The Commission retains the authority to reject any State request 

to terminate a license that proposes to bifurcate the ownership of 

11 e.(2) byproduct material and its disposal site between the State 

and the Federal government. Upon passage of a revised 

Wyoming Statute Section 35-11-2004(c) that the NRC finds 

compatible with Section 83b.(1 )(A) of the Act, this paragraph 

expires and is no longer part of this Agreement. 

ARTICLE Ill 

With the exception of those activities identified in Article II, A.8 through A.11, 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, A.1 

through A.7, whereby the State may then exert regulatory authority and responsibility 

with respect to those activities. 

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 material shall not transfer possession or control of such product except 

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

ARTICLE V 

This Agreement shall not affect the authority of the Commission under Subsection 

161 b. or 161 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. 

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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. 

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 reciprocity will be accorded. 

ARTICLE VIII 

A. 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. 

1. This Agreement will terminate without further NRC action if the 

State does not amend Wyoming Statute Section 35-11-2004( c) to 

be compatible with Section 83b.(1 )(A) of the Act by the end of the 

2019 Wyoming legislative session. Upon passage of a revised 

Wyoming Statute Section 35-11-2004(c) that the NRC finds 

compatible with Section 83b.( 1 )(A) of the Act, this paragraph 

expires and is no longer part of the Agreement. 

8. The Commission may also, pursuant to Section 274j. of the Act, temporarily 

suspend all or part of this Agreement if, in the judgment 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 actions taken by the State under this 

Agreement to ensure compliance with Section 27 4 of the Act, which requires 

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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. 

ARTICLE IX 

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

the Act, or of any activity that results in production of such material, the State shall 

comply with the provisions of Section 27 4o. of the Act, if in such licensing and 

regulation, the State requires financial surety arrangements for reclamation or longterm surveillance and 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 that results in the production 

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 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 X 

This Agreement shall become effective on September 30, 2018, and shall remain in 

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

Done at Cheyenne, Wyoming, in triplicate, this 25th day of September, 2018. 

FOR THE UNITED STATES 

NUCLEAR REGULATORY COMMISSION. 

/RA/ 

Kristine L. Svinicki, Chairman 

FOR THE STATE OF WYOMING. 

/RA/ 

Matthew H. Mead, Governor 

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