Memorandum of Understanding

between the

Bureau of Land Management, Department of the Interior

and the

Nuclear Regulatory Commission, an Independent Agency

I. Introduction

This Memorandum of Understanding (MOU) provides for a cooperative working relationship

between the Nuclear Regulatory Commission (NRC), an independent agency, and the Bureau

of Land Management, Department of the Interior (BLM) (collectively "the Parties"). It forms a

cooperative framework that supports common goals in furthering each agency's mission

involving the development of uranium or thorium resources on public lands, including Federal

mineral estates, under the administration of the BLM. The cooperating agency relationship

established through this Memorandum of Understanding (MOU) will be governed by all

applicable statutes, regulations, and policy, including the NRC's regulations in 10 CFR Part 51

and BLM's regulations in 43 CFR Parts 1600, 3500, and 3800.

This MOU is intended to improve interagency communication, facilitate the sharing of special

expertise and information, and coordinate the preparation of studies, reports, and environmental

documents associated with NRC licensing actions and BLM regulation of public lands, including

Federal mineral estates.

II. Purpose

The purpose of this MOU is:

A. To provide for cooperation and coordination between the NRC and the BLM that will

encourage routine communication, at the national and local levels, and lend mutual support,

when feasible, in evaluating plans of operations, lease applications, or related documents

received by the BLM or license applications, amendments or renewals received by the NRC.

B. To establish periodic meetings between NRC and BLM management to ensure coordination

and identify points of contact, information gaps, and resource issues specific to a particular

uranium or thorium recovery facility requiring an NRC license to operate on public lands

under BLM's regulatory authority.

C. To provide for the exchange of data, analysis, research and other information that may

assist either agency in carrying out its respective responsibilities.

D. To provide advance notice of agency actions so that the BLM field office or NRC staff can

determine the level of participation the federal agency will have on development of a sitespecific environmental document.

E. To provide a framework for negotiation of any schedules for a site-specific Environmental

Assessment (EA), Environmental Impact Statement (EIS), or Supplemental Environmental

Impact Statement (SEIS) between the appropriate BLM Office and NRC staff to ensure

completion of a thorough site-specific environmental document in a timely and efficient

manner.
F. 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 in this MOU

include, but are not limited to:

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

2. Nuclear Regulatory Commission regulations (10 CFR 1 et seq.).

3. National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

B. The authorities of the BLM to enter into and engage in the activities described in this MOU

include, but are not limited to, authorities delegated from the Secretary of the Interior for

administering mining claims and, on acquired lands, hardrock mineral leases, and

implementing regulations, including:

1. Mining Law of 1872,30 U.S.C. §§ 21- 42 (Mining Law).

2. Federal Land Policy and Management Act, 43 U.S.C. §§ 1701-1785 (FLPMA).

3. 43 CFR Parts 1600, 3500, and 3800.

4. National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (NEPA).

5. 40 CFR Part 1500; 43 CFR Part 46.

6. Section 402' of Reorganization Plan NO.3 of 1946,60 Stat. 1097, 1099; 5 U.S.C.

Appendix.

IV. Roles and Responsibilities

A. Bureau of Land Management Responsibilities:

The BLM's responsibilities under these laws include, but are not limited to:

• Managing and protecting the 265 million acres of public lands and 700 million acres of

Federal mineral estate under the principles of multiple use and sustained yield.

• Processing a properly filed plan of operations for a mining claim or, on acquired lands,

an application for a hardrock lease.

• Preparing or supervising the preparation of environmental and related documents, as

appropriate, to fulfill National Environmental Policy Act (NEPA) Section 102

responsibilities, including the Council on Environmental Quality regulations for

implementing NEPA, contained in 40 CFR 1500 through 1508, as well as the

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 2 of 11
Department of the Interior's regulations for implementing NEPA, contained at 43 CFR

Part 46 (73 FR 61292, Oct. 15, 2008). Applicable Department of the Interior and BLM

guidance is contained in Part 516 of the Departmental Manual, as well as BLM

Handbook H-1790-1.

• Issuing a record of decision or finding of no significant impact that provides for the terms

and conditions of approval of the submitted plan of operations or lease application, or a

record of decision providing reasons for denial of the submitted plan or application.

• Ensuring that a reclamation bond, acceptable to BLM, is in place before operations

begin. The bonding level is set to cover the full cost of reclamation as if performed by a

third party contractor.

B. Nuclear Regulatory Commission Responsibilities:

The NRC's responsibilities under these laws include, but are not limited to:

• Evaluating NRC license applications, amendments or renewals for milling facilities,

which include those using In-Situ Leach Uranium Recovery processes.

• Preparing or supervising the preparation of EAs, EISs, or SEISs to fulfill NEPA Section

102 responsibilities when appropriate as part of the NRC evaluation process. The

NRC's environmental review regulations implementing NEPA Section 102(2) are

contained in 10 CFR Part 51.

• Performing a safety review resulting in a Safety Evaluation Report (SER) as part of the

licensing review process. The NRC's safety regulations are contained in 10 CFR Part

40.

• Requiring documentation of adequate financial assurance from the licensee for

decommissioning the facility.

C. Coordination:

The BLM and NRC will:

1. Develop an open communication process at the national and local level and maintain a

list of contacts for reference by each agency. BLM and NRC offices will provide

advance notice of anticipated plans of operations or lease applications, and license

applications, respectively, for uranium or thorium recovery activities to ensure that each

agency is informed about activities and issues related to uranium or thorium recovery

facilities requiring an NRC license to operate on public lands under BLM's regulatory

authority. The communication process will involve periodic joint meetings, either at the

staff or Steering Committee level.

2. Apprise the other agency of projects, studies, or other initiatives that could be of

common interest.

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 3 of 11
3. Exchange data, analysis, research, and other information that may assist either agency

in carrying out its respective responsibilities. This may involve exchange of draft

documents, or providing information within each agency's area of expertise.

4. Establish a Steering Committee comprised of no more than three senior level

representatives from each agency.

D. Agency Representatives and NRC/BLM Steering Committee:

1. Each agency will designate a representative and an alternate to ensure coordination

between the BLM and the NRC. Each agency may change its representative by

providing written notice to the other agency.

2. The NRC/BLM Steering Committee will meet periodically to ensure coordination, discuss

any pending issues related to interagency cooperation regarding the development of

uranium or thorium resources, and resolve any conflicts identified by the working group

or staff. Additional meetings may be called by the Steering Committee or at the request

of the NRC or the BLM.

E. National Environmental Policy Act

1. The BLM and the NRC agree to provide advance notice and coordinate on any plans of

operations, lease applications or related documents, and/or license applications,

amendments or renewals received for uranium or thorium recovery facilities requiring an

NRC license to operate on public lands under BLM's regulatory authority, and to offer

the other agency the opportunity to participate in the NEPA process.

2. Each agency has discretion to decide whether to participate (fully or partially) or decline

to participate based on resources or other constraints.

3. Each agency may, as appropriate, provide input to the documents in areas related to its

expertise.

4. The Parties agree to participate in the NEPA process in good faith and make all

reasonable efforts to resolve disagreements.

5. Each Party agrees to fund its own expenses associated with the site-specific NEPA

process.

6. Implementation

a. To the fullest extent possible, consistent with each agency's determination of the

efficiency and cost-effectiveness of doing so, the BLM and the NRC will participate

either as lead agency, co-lead, or cooperating agency on preparation of site-specific

environmental documents. Environmental documents for the purposes of this MOU

are EAs, EISs, SEUSs, findings of no significant impact (FONSI) and Notices of Intent

(NOI) as defined in 40 CFR Sections 1500-1508.

1. If the NRC receives a license application, amendment, or renewal before the

BLM receives a plan of operations, lease application, or related document, the

NRC will serve as the lead agency and BLM will be the cooperating agency.

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 4 of 11
2. If the BLM receives a plan of operations, lease application, or related document

before the NRC receives a license application, amendment, or renewal, the BLM

will serve as the lead agency and the NRC will be the cooperating agency.

3. When possible in terms of the timeframe in which the BLM receives a plan of

operations, lease application, or related document and the NRC receives a

license application, amendment, or renewal on the same site, and consistent with

each agency's determination that it can fully comply with its statutory and other

obligations, the BLM and the NRC will explore the feasibility of preparing a

combined site-specific environmental document and/or coordinating any public

meetings or public comment periods during the NEPA process.

A. If it is possible to prepare one environmental document for both actions, each

agency agrees to serve as a co-lead on the preparation of the environmental

document. Notwithstanding a co-lead designation, each agency will prepare

a separate record of decision/decision record for its action. Establishment of

a co-lead relationship is contingent on each agency's ability to support the

other agency's schedule for its action. Each agency reserves the right to

complete a separate environmental document if mutual agreement on the

schedule for a jointly-prepared environmental document cannot be achieved.

B. If it is not possible to prepare one joint environmental document to support

both actions, each agency agrees to offer the other agency the opportunity to

participate as a cooperating agency on the preparation of its environmental

document.

b. The lead agency will provide information on the project timelines to the cooperating

agency and the cooperating agency will make a good faith effort to support the lead

agency's timeline.

c. Each agency will provide the other agency with copies of environmental and other

documents that could assist the other agency, including technical reports, data,

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

draft and final environmental documents, subject to each agency's information

handling requirements.

d. To the fullest extent consistent with its responsibility, each agency will utilize the

comments, recommendations, data, and/or analyses provided by the other agency in

the NEPA process, giving particular weight to those topics on which that agency is

acknowledged to possess special expertise, as summarized below.

1. The BLM authorizes mineral exploration, mining and reclamation actions on

the public lands and manages the public lands for a variety of uses, and is

responsible for preventing unnecessary or undue degradation of the public

lands. As a result, the BLM has special expertise in determining the level of

acceptable impacts to public land resources associated with plans of

operations or lease applications, and in determining reclamation requirements

and level of bonding required.

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 5 of 11
2. The NRC statutory authority includes issuance of licenses for the possession

and use of byproduct and source material after making a determination that

the licensed activities are protective of public health and safety and consistent

with the NRC's responsibilities for the common defense and security of the

nation by protecting it from radiological hazards. As such, the NRC has

special expertise in determining the radiological health and safety impacts for

operating facilities possessing and using radioactive materials,

decommissioning those facilities, and funding the decommissioning.

f. When given cooperating agency status, an agency will work with the lead agency to

coordinate, prioritize, identify and manage tasks to provide information, comments,

and technical expertise to the lead agency regarding those topics, and related data

and analyses, in which it has special expertise or for which the lead agency requests

its participation.

1. The agencies will identify staff to implement and coordinate these activities.

2. Each agency's staff will identify and coordinate on critical dates for completion

of important steps in the process. The staff will seek to reach consensus on

the dates by which each agency will provide its input and/or complete its

review for each of those steps. (Attachments A, Band C provide sample

documents that can be used for negotiating tasks and schedules for specific

sites.)

3. When a cooperating agency prepares technical analyses or provides data

sets, it must provide the data and other information within the specified

timeframe to ensure its consideration by the lead agency. The lead agency

reserves the right to proceed with preparation of the environmental documents

to meet its schedule if information or comments are not received within the

specified timeframe.

g. Within its area of special expertise, a cooperating agency may participate in activities

including, but 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 and final environmental

documents and supporting documents.

h. The lead agency retains final responsibility for the content of the Draft EA, EIS, or

SEIS and the Final EA, EIS, or SEIS. The lead agency's responsibilities include

determining the purpose of and need for the proposed action to be analyzed in the

EA, EIS, or SEIS; 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, the

lead agency will follow all applicable statutory and regulatory requirements.

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 6 of 11
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 its jurisdiction. Nothing in this MOU shall

require either Party to act beyond its authority.

B. Financial obligations. Nothing in this MOU shall require either Party 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.

D. Conflict of interest. The Parties agree not to utilize any person or organization having a

financial interest in the outcome of the decision-making process for purposes of plan

development, environmental analysis, or BLM or NRC representation, including officials,

employees, or third party contractors.

E. Documenting disagreement or inconsistency. Where the NRC and the BLM disagree on

significant elements of the environmental document, such as designation of the alternatives

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

disagreements can be discussed in the established Steering Committee. If a cooperating

agency status is established, the non-lead agency may document its views and submit them

as comments to the draft and the proposed/final environmental documents.

F. Management of information. The Parties acknowledge that all data and information provided

will become part of the NRC's and the BLM's official records and will be available for public

review, except as restricted by the National Historic Preservation Act, Freedom of

Information Act, and/or the Privacy Act. The Parties agree that internal working drafts for

the development of environmental documents will not be made available for review by

individuals or entities other than the Parties to this MOU, unless agreed to by both parties.

All draft documents are part of the official record and may only be released by a Party to the

extent allowed by the National Historic Preservation Act, Freedom of Information Act and/or

the Privacy Act. The Parties 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 lead agency

retains final responsibility for the decisions identified in the environmental documents.

H. Coordination with federal contractors. The Parties agree to communicate with a Federal

contractor through the Federal agency representative responsible for administrating the

contract.

VI. Administration of the MOU

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

Parties.

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 7 of 11
B. Amendment. This MOU may be amended through written agreement of both Parties.

C. Termination. This agreement will remain in effect unless it is amended or terminated. This

agreement may be terminated by one agency by giving 120 days written notice of the

agency's intent to terminate to the other agency.

D. Entirety of Agreement. This MOU, consisting of 11 pages, may be supplemented by sitespecific attachments that will be negotiated between BLM and NRC staff (see, e.g.,

Attachment B).

VII. Effective Date of this Memorandum.

This agreement will take effect on the last date of signature.

~OCT162DD

Michael D. Nedd, Ass' tant Director Date

Minerals and Realty Management

Bureau of Land Management

U.S. Department of the Interior

Charles L. Miller, Director D~te

Office of Federal and State Materials

and Environmental Management Programs

U.S. Nuclear Regulatory Commission

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 8 of 11
Attachment A

Possible Opportunities for Cooperating Agency Participation in the (EA OR EIS)

(EA, EIS, or SEIS) Potential Activities of Cooperating Agencies (CAs) within

Stage their acknowledged areas of expertise

1 Conduct scoping and Identify significant issues; identify relevant local and regional

identify issues 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 lead agency.

4 Estimate effects of Provide effects analysis within the CA's expertise; identify

alternatives direct, indirect, and cumulative effects within the CA's

expertise; suggest mitigation measures for adverse effects.

5 Select the preliminary Collaborate with the lead agency project manager in

recommendation evaluating alternatives and in developing criteria for selecting

regarding the proposed the preliminary recommendation regarding the proposed

action; issue Draft (EA, action; provide input on Preliminary Draft (EA, EIS or SEIS).

EIS or SEIS) The CAs may provide written, public comments on draft if

desired. Decision to select the preliminary recommendation is

reserved to the lead agency.

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

preparing responses, as appropriate.

7 Select the final Action reserved to the lead agency. CAs may provide written,

recommendation public comments if desired.

regarding the proposed

action; issue Final (EA,

EIS or SEIS)

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 9 of 11
Attachment B

Sample Schedule

Potential Activities of Cooperating Agencies (CAs) within Input Needed By

their acknowledged areas of expertise

1 Provide [insert data and information identified for a specific site] Within [ ] calendar days

2 Review and comment on preliminary draft (EA, EIS or SEIS) Within [ ] business days of

and attend draft (EA, EIS or SEIS) review meeting receiving preliminary draft (EA,

EIS or SEIS) for review

3 Optional, CA may choose to submit public comments on draft Within public comment period

(EA, EIS or SEIS)

4 Review compilation of public comments (EA, EIS or SEIS) and Within [ ] business days of

assist in responding to public comments receiving compilation of public

comments

5 Review and provide comments on preliminary final (EA, EIS or Within [ ] business days of

SEIS) and attend final (EA, EIS or SEIS) review meeting receiving preliminary final (EA,

EIS or SEIS) for review

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 10 of 11
Attachment C

Site-Specific Agency Representatives

Nuclear Regulatory Commission

Primary Representative: [insert name, title and phone number]

Backup Representative: [insert name, title and phone number]

BlM

Primary Representative: [insert name, title and phone number]

Backup Representative: [insert name, title and phone number]

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 11of 11
Attachment A

Possible Opportunities for Cooperating Agency Participation in the (EA OR EIS)

(EA, EIS, or SEIS) Potential Activities of Cooperating Agencies (CAs) within

Stage their acknowledged areas of expertise

1 Conduct scoping and Identify significant issues; identify relevant local and regional

identify issues 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 lead agency.

4 Estimate effects of Provide effects analysis within the CA's expertise; identify

alternatives direct, indirect, and cumulative effects within the CA's

expertise; suggest mitigation measures for adverse effects.

5 Select the preliminary Collaborate with the lead agency project manager in

recommendation evaluating alternatives and in developing criteria for selecting

regarding the proposed the preliminary recommendation regarding the proposed

action; issue Draft (EA, action; provide input on Preliminary Draft (EA, EIS or SEIS).

EIS or SEIS) The CAs may provide written, public comments on draft if

desired. Decision to select the preliminary recommendation is

reserved to the lead agency.

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

preparing responses, as appropriate.

7 Select the final Action reserved to the lead agency. CAs may provide written,

recommendation public comments if desired.

regarding the proposed

action; issue Final (EA,

EIS or SEIS)

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 9 of 11
Attachment B

Sample Schedule

Potential Activities of Cooperating Agencies (CAs) within Input Needed By

their acknowledged areas of expertise

1 Provide [insert data and information identified for a specific site] Within [ ] calendar days

2 Review and comment on preliminary draft (EA, EIS or SEIS) Within [ ] business days of

and attend draft (EA, EIS or SEIS) review meeting receiving preliminary draft (EA,

EIS or SEIS) for review

3 Optional, CA may choose to submit public comments on draft Within public comment period

(EA, EIS or SEIS)

4 Review compilation of public comments (EA, EIS or SEIS) and Within [ ] business days of

assist in responding to public comments receiving compilation of public

comments

5 Review and provide comments on preliminary final (EA, EIS or Within [ ] business days of

SEIS) and attend final (EA, EIS or SEIS) review meeting receiving preliminary final (EA,

EIS or SEIS) for review

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 10 of 11
Attachment C

Site-Specific Agency Representatives

Nuclear Regulatory Commission

Primary Representative: [insert name, title and phone number]

Backup Representative: [insert name, title and phone number]

BlM

Primary Representative: [insert name, title and phone number]

Backup Representative: [insert name, title and phone number]

Memorandum of Understanding Between

The Nuclear Regulatory Commission and

The Bureau of Land Management

Page 11 of 11