Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

Page 1 of 9 

Memorandum of Understanding Between 

The Nuclear Regulatory Commission 

And 

The State of Wyoming 

As a Cooperating Agency 

I. Introduction

This Memorandum of Understanding (MOU) establishes a cooperating agency relationship 

between the U.S. Nuclear Regulatory Commission (“NRC”) and the State of Wyoming 

(“Cooperator”) for the purpose of preparing the Uranium Recovery Generic Environmental 

Impact Statement (UR GEIS). 

NRC shall be the lead federal agency, and shall supervise the preparation of the UR GEIS. 

NRC acknowledges that the Cooperator has jurisdiction by law and special expertise applicable 

to the UR GEIS effort, as defined at 40 CFR 1508.15 and 1508.26. This MOU describes 

responsibilities and procedures agreed to by the State of Wyoming as a Cooperating Agency 

and the NRC. 

The cooperating agency relationship established through this MOU shall be governed by all 

applicable statutes, regulations, and policy, including the Council on Environmental Quality’s 

NEPA regulations (in particular 40 CFR 1501.6 and 1508.5) and the NRC’s regulations (in 

particular 10 CFR Part 51). 

II. Purpose 

The purposes of this MOU are: 

 A. To designate the State of Wyoming as a Cooperating Agency in the UR GEIS process. 

 B. To provide a framework for cooperation and coordination between the NRC and the 

Cooperator that will aid in the successful completion of the UR GEIS in a timely, efficient, 

and thorough manner. 

 C. To recognize that the NRC is the lead agency with responsibility for the completion of 

the UR GEIS. 

 D. To describe the respective responsibilities, jurisdictional authority, and expertise of each 

of the Parties in the planning process. 

III. Authorities for the MOU 

A. The authorities of the NRC to enter into and engage in the activities described within this 

MOU include, but are not limited to: 

1. National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

Page 2 of 9 

 

 2. The Atomic Energy Act (42 U.S.C. 2011 et seq.). 

 

 3. NRC regulations (10 CFR 1 et seq.) 

B. The authorities of the State of Wyoming to enter into this MOU include, but are not 

limited to: 

1. Wyo. Stat. § 9-1-207 

2. Wyo. Stat. § 9-1-209 

3. Wyo. Stat. § 35-11-109(a)(iii) 

IV. Roles and Responsibilities 

A. NRC Responsibilities: 

1. As lead agency, NRC retains final responsibility for the content of all documents, 

which include the Draft UR GEIS and the Final UR GEIS. NRC’s responsibilities 

include determining the purpose of and need for the UR GEIS; selecting alternatives 

for analysis; identifying effects of the proposed alternatives; making 

recommendations on the proposed action; and evaluating appropriate mitigation 

measures. In meeting these responsibilities, NRC will follow all applicable statutory 

and regulatory requirements. 

2. To the fullest extent consistent with its responsibility as lead agency, NRC will utilize 

the comments, recommendations, data, and/or analyses provided by the Cooperator 

in the UR GEIS process, giving particular weight to those topics on which Cooperator 

is acknowledged to possess special expertise. 

3. NRC will provide the Cooperator with copies of documents underlying the UR GEIS 

relevant to the Cooperator’s responsibilities, including technical reports, data, 

analyses, comments received, working drafts related to environmental reviews, and 

draft and final UR GEIS, subject to NRC’s information handling requirements. 

 

B. Cooperating Agency Responsibilities: 

1. The State of Wyoming is a Cooperating Agency for developing the UR GEIS and is 

recognized to have jurisdiction by law and special expertise in the following areas: 

a. Expertise for State groundwater and hydrogeology data 

b. Expertise for State requirements for construction, maintenance, and 

abandonment of underground injection wells 

c. Expertise for State transportation, cultural resources, socioeconomic data. 

d. Expertise for State regulatory framework and permitting process effecting in-situ 

leach uranium recovery. 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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2. The Cooperator will work with NRC to mutually coordinate, prioritize, identify and 

manage tasks to provide information, comments, and technical expertise to NRC 

regarding those topics, and the data and analyses supporting them, in which it has 

special expertise or for which the Cooperator requests its participation. The NRC 

and WY will identify staff to implement and coordinate these activities. The staff will 

reach consensus on the deliverables (if any) and delivery dates; anticipated products 

and periods of performance. In particular, the Cooperator can provide information on 

the following topics: 

a. State groundwater and hydrology, transportation, cultural resources and socioeconomic data. 

b. State requirements for construction, maintenance, and abandonment of 

underground injection wells 

c. Information on the State regulatory framework and permitting process effecting 

in-situ leach uranium recovery. . 

d. Other such information that is relevant to developing the UR GEIS. 

3. Within the areas of their special expertise, the Cooperator may participate in any of 

the activities identified in Attachment A. These activities include, but are not limited 

to: identifying data needs, identifying effects of alternatives, identifying effects of 

cumulative impacts, suggesting mitigation measures, and providing written 

comments on working drafts of the Draft UR GEIS and Final UR GEIS and 

supporting documents. 

4. When the Cooperator prepares technical analyses or provide data sets; it will provide 

the data and other information to be used in developing the UR GEIS, within the 

schedule identified in Attachment B: 

C. Responsibilities of the Parties: 

1. The Parties agree to participate in this planning process in good faith and make 

all reasonable efforts to resolve disagreements. 

2. The Parties agree to comply with the planning schedule provided as Attachment B, 

which includes dates for UR GEIS milestones and timeframes for Cooperator’s 

reviews and submissions. 

3. Each Party agrees to fund its own expenses associated with the UR GEIS process. 

V. Other Provisions 

A. Authorities not altered. Nothing in this MOU alters, limits, or supersedes the 

authorities and responsibilities of any Party on any matter within their respective 

jurisdictions. Nothing in this MOU shall require any of the Parties to perform beyond its 

respective authority. 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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B. Financial obligations. Nothing in this MOU shall require any of the Parties to assume 

any obligation or expend any sum in excess of authorization and appropriations 

available. 

 

C. Immunity and Defenses Retained. Each Party retains all immunities and 

defenses provided by law with respect to any action based on or occurring as a result 

of this MOU. The State of Wyoming does not waive sovereign immunity by entering 

into this MOU and specifically retains immunity and all defenses available to it as 

sovereigns pursuant to Wyo. Stat. § 1-39-104(a) and all other applicable law. 

D. Conflict of interest. The Parties agree not to utilize any individual for purposes of plan 

development, environmental analysis, or Cooperator representation, including officials, 

employees, or third party contractors, having a financial interest in the outcome of the 

UR GEIS. 

 

E. Documenting disagreement or inconsistency. Where NRC and the Cooperator 

disagree on significant elements of the UR GEIS (such as designation of the alternatives 

to be analyzed or analysis of effects), and these disagreements cannot be resolved, the 

Cooperator may document its views and submit them as comments to the Draft UR 

GEIS and the Proposed/Final UR GEIS. 

F. Management of information. The Cooperator acknowledges that all data and 

information provided will become part of the NRC’s official record and will be available 

for public review, except as restricted by the Freedom of Information Act and/or the 

Privacy Act. The Cooperator agrees that internal working draft documents for the 

development of the UR GEIS will not be made available for review by individuals or 

entities other than the Parties to this MOU. All draft documents are part of the official 

NRC record and may only be released by NRC to the extent allowed by the Freedom of 

Information Act and/or the Privacy Act. Cooperators agree that in order to allow full and 

frank discussion of preliminary analysis and recommendations, meetings to review such 

pre-decisional and deliberative documents will not be open to the public. 

G. Responsibility for decision making While the Parties agree to make reasonable 

efforts to resolve procedural and substantive disagreement, they acknowledge that the 

NRC retains final responsibility for the decisions identified in the UR GEIS. 

H. Coordination with NRC contractors. The Center for Nuclear Waste Regulatory 

Analyses (CNWRA) serves as NRC’s contractor for all aspects of data collection, 

environmental analysis, and UR GEIS preparation. Cooperator may communicate with 

the contractor only through the NRC representative. 

VI. Agency Representatives 

Each Party will designate a representative and alternate representative, as described in 

Attachment C, to ensure coordination between the Cooperator and NRC during the planning 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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process. Each Party may change its representative at will by providing written notice to the 

other Party. 

VII. Administration of the MOU 

A. Approval. This MOU becomes effective upon signature by the authorized officials of all 

the Parties. 

B. Amendment. This MOU may be amended through written agreement of all signatories. 

C. Termination. If not terminated earlier, this MOU will end when the Final UR GEIS is 

issued by the NRC. Any Party may end its participation in this MOU by providing written 

notice to the other Party. 

D. Entirety of Agreement. This MOU, including Attachments A, B, and C, consisting of 

nine (9) pages represents the entire and integrated MOU between the parties and 

supersedes all prior negotiations, representations, and agreements, whether written or 

oral. 

THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT 

BLANK 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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VIII. Signatures 

The Parties hereto have executed this MOU on the dates shown below. 

State of Wyoming 

Office of the Governor 

200 West 24th Street 

124 State Capitol 

Cheyenne, Wyoming 82002 

/RA/ 04/10/2008

Ryan Lance, Deputy Chief of Staff, Wyoming Governor’s Office Date 

Nuclear Regulatory Commission 

Office of Federal and State Materials and Environmental Management Programs 

11545 Rockville Pike 

Rockville, Maryland 20852 

/RA/ 04/24/2008

Charles L. Miller, Director Date

WY ATTORNEY GENERAL’S OFFICE APPROVAL AS TO FORM 

/RA/ 04/10/2008

Don Gerstein, Sr. Asst. Attorney General Date 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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Attachment A 

Opportunities for Cooperating Agency Participation in the UR GEIS

UR GEIS Stage Potential Activities of Cooperating Agencies (CAs) within 

their acknowledged areas of expertise 

1 Conduct scoping and 

identify issues 

Identify significant issues; identify relevant local and regional 

organizations and interest groups. 

2 Collect inventory data Identify data needs; provide data and technical analyses within 

the CA’s expertise. 

3 Formulate alternatives Suggest alternatives to resolve issues. Decision to select 

alternatives for analysis is reserved to the NRC. 

4 Estimate effects of 

alternatives 

Provide effects analysis within the CA’s expertise; identify 

direct, indirect, and cumulative effects within the CA’s 

expertise; suggest mitigation measures for adverse effects. 

5 Select the preliminary 

recommendation 

regarding the proposed 

action; issue Draft UR 

GEIS 

Collaborate with the NRC project manager in evaluating 

alternatives and in developing criteria for selecting the 

preliminary recommendation regarding the proposed action; 

provide input on Preliminary Draft UR GEIS. The CAs may 

provide written, public comments on draft if desired. Decision 

to select the preliminary recommendation is reserved to the 

NRC. 

6 Respond to comments Review comments within the CA’s expertise and assist in 

preparing responses, as appropriate. 

7 Select the final 

recommendation 

regarding the proposed 

action; issue Final UR 

GEIS 

Action reserved to the NRC. 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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Attachment B 

Schedule 

Potential Activities of Cooperating Agencies (CAs) within 

their acknowledged areas of expertise 

Input Needed By 

1 Provide data and information identified under Section IV(B)(2) of 

the MOU to NRC 

Within 25 calendar days of 

MOU signing by NRC and 

State of Wyoming 

representatives 

2 Provide review comments on preliminary draft GEIS and attend 

draft GEIS review meeting 

Within 15 business days of 

receiving preliminary draft 

GEIS for review 

3 Provide comments on draft GEIS, as appropriate Within the time period 

identified in the Federal 

Register Notice for publication 

of draft GEIS for public 

comment 

4 Provide review comments on draft compilation of public 

comment on draft GEIS and draft responses to comment 

Within 10 business days of 

receiving draft compilation of 

comments and responses 

5 Provide review comments on preliminary final GEIS and attend 

final GEIS review meeting 

Within 15 business days of 

receiving preliminary final 

GEIS for review 
Memorandum of Understanding Between 

The Nuclear Regulatory Commission And 

The State of Wyoming As a Cooperating Agency 

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Attachment C 

Agency Representatives 

Nuclear Regulatory Commission 

Primary Representative: James R. Park, Project Manager 

 (301) 415-6935

Backup Representative: Gregory F. Suber, Branch Chief 

 (301) 415-8087

State of Wyoming 

Primary Representative: Donald R. McKenzie, Administrator, Land Quality Division, 

 (307)777-7046 

Backup Representative: Carol Bilborough, Program Manager, Land Quality Division, 

 (307)777-6772