analysis of jurisdictional boundaries for uranium recovery project stages

04/22/23 National Mining Association & Thompson & Simmons, PLLC

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Analysis of Jurisdictional Analysis of Jurisdictional Boundaries for Uranium Boundaries for Uranium Recovery Project StagesRecovery Project Stages

Prepared for the National Mining Prepared for the National Mining Association/Nuclear Regulatory Commission Association/Nuclear Regulatory Commission

Annual ConferenceAnnual Conference

Denver, 2008Denver, 2008Prepared byPrepared by::

Anthony J. Thompson, Esq. (Presenter)Anthony J. Thompson, Esq. (Presenter)Christopher S. Pugsley, Esq.Christopher S. Pugsley, Esq.

Thompson & Simmons, PLLCThompson & Simmons, PLLC


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IntroductionIntroduction• With The Resurgence of the Domestic With The Resurgence of the Domestic

Uranium Recovery Industry, New Uranium Recovery Industry, New Uranium Recovery Projects Are Being Uranium Recovery Projects Are Being DevelopedDeveloped::

• New Uranium Recovery Projects Take on New Uranium Recovery Projects Take on Several FormsSeveral Forms::

• New Conventional Mill Sites;New Conventional Mill Sites;• New In Situ Uranium Recovery (ISR) Projects;New In Situ Uranium Recovery (ISR) Projects;• Existing Project Restarts (Conventional & ISR);Existing Project Restarts (Conventional & ISR);• New Project Facilities at Already-Licensed Sites New Project Facilities at Already-Licensed Sites

(Conventional & ISR)(Conventional & ISR)


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IntroductionIntroduction• It is Crucial to the Licensing/Permitting of New It is Crucial to the Licensing/Permitting of New

Uranium Recovery Projects That a Critical Path Be Uranium Recovery Projects That a Critical Path Be Established With Relevant MilestonesEstablished With Relevant Milestones::

• In Order to Establish an Accurate Critical Path, In Order to Establish an Accurate Critical Path, License/Permit Applicants Must UnderstandLicense/Permit Applicants Must Understand::

– Which Regulatory Agencies are Empowered to Issue Which Regulatory Agencies are Empowered to Issue Necessary License/Permits;Necessary License/Permits;

– What Each Regulatory Agency’s Licensing/Permitting What Each Regulatory Agency’s Licensing/Permitting Requirements Are Requirements Are

• For New Uranium Recovery Projects Located on Federal For New Uranium Recovery Projects Located on Federal Lands Administered by the United States Department of Lands Administered by the United States Department of the Interior Bureau of Land Management (BLM), the the Interior Bureau of Land Management (BLM), the Lines of Jurisdiction Between BLM & NRC are Critical to Lines of Jurisdiction Between BLM & NRC are Critical to Understanding What Regulatory Requirements Must Be Understanding What Regulatory Requirements Must Be SatisfiedSatisfied


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IntroductionIntroduction• As a Result, There Are Many Questions As a Result, There Are Many Questions

That Must Be Answered for Uranium That Must Be Answered for Uranium Recovery Companies to Establish a Recovery Companies to Establish a Critical Path For Licensing/PermittingCritical Path For Licensing/Permitting::

• Which Regulatory Agencies Have Jurisdictional Which Regulatory Agencies Have Jurisdictional Authority Over the Various Stages of Uranium Authority Over the Various Stages of Uranium Recovery Projects?;Recovery Projects?;

• What Regulatory Requirements Must Be What Regulatory Requirements Must Be Satisfied to Obtain Necessary Licenses/Permits?;Satisfied to Obtain Necessary Licenses/Permits?;

• Will “Tiering” From the NRC ISR GEIS Be Will “Tiering” From the NRC ISR GEIS Be Possible for Projects Where BLM Regulations are Possible for Projects Where BLM Regulations are Implicated? Implicated?


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Why is This Issue Important? Why is This Issue Important? NRC AuthorityNRC Authority

• Statement of Commissioner Pete Lyons at 2008 Statement of Commissioner Pete Lyons at 2008 National Congress of American Indians MeetingNational Congress of American Indians Meeting::

• NRC Regulates Uranium NRC Regulates Uranium MillingMilling Facilities & Does Not Facilities & Does Not Regulate Uranium Regulate Uranium MiningMining or Abandoned Mine Sites; or Abandoned Mine Sites;

• MiningMining Involves the Actual Digging and Excavating of Involves the Actual Digging and Excavating of Uranium Ore From the Earth, Whereas, Uranium Recovery Uranium Ore From the Earth, Whereas, Uranium Recovery Involves the Processing and Concentration of Uranium Involves the Processing and Concentration of Uranium Into “Yellowcake” (Following Its Removal from Its Original Into “Yellowcake” (Following Its Removal from Its Original Place in Nature Through Mining OperationsPlace in Nature Through Mining Operations

• The Atomic Energy Act of 1954, As Amended, The Atomic Energy Act of 1954, As Amended, Requires an NRC License to Transfer or Receive Requires an NRC License to Transfer or Receive in Interstate Commerce Any Source Material in Interstate Commerce Any Source Material (Such as Uranium Ore) Only “After Removal (Such as Uranium Ore) Only “After Removal From Its Place of Deposit in Nature”From Its Place of Deposit in Nature”


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Why is This Issue Important? Why is This Issue Important? BLM & Other Agency BLM & Other Agency

AuthorityAuthority• For Example, BLM Regulates (Surface For Example, BLM Regulates (Surface

Land Use) for Mining Activities on Federal Land Use) for Mining Activities on Federal Lands That Are Conducted Pursuant to the Lands That Are Conducted Pursuant to the General Mining Law of 1872;General Mining Law of 1872;

• The Federal Land Policy & Management The Federal Land Policy & Management Act Authorizes BLM to Prevent Undue or Act Authorizes BLM to Prevent Undue or Unnecessary Degradation to Federal LandsUnnecessary Degradation to Federal Lands::

• BLM Regulations at 43 CFR BLM Regulations at 43 CFR § 3809 Regulations § 3809 Regulations Govern Hardrock Mining on Federal LandsGovern Hardrock Mining on Federal Lands


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Jurisdictional IssuesJurisdictional Issues• Factors That May Have Implications Factors That May Have Implications

for Agency Jurisdictional Issuesfor Agency Jurisdictional Issues::

• 2000 Commission Decision on ISR Projects;2000 Commission Decision on ISR Projects;• Large Number of Claims Filed With BLM for Large Number of Claims Filed With BLM for

Uranium Exploration;Uranium Exploration;• Large Number of Uranium Recovery License Large Number of Uranium Recovery License

Applications Leading to Preparation of NRC Applications Leading to Preparation of NRC Generic Environmental Impact Statement Generic Environmental Impact Statement (GEIS) on ISR Projects(GEIS) on ISR Projects


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Jurisdictional Issues: NRC Jurisdictional Issues: NRC Decision on “Milling Decision on “Milling

Underground”Underground”• In 2000, the Commission Determined That In 2000, the Commission Determined That

Restoration Fluid from ISR Operations Constitutes Restoration Fluid from ISR Operations Constitutes 11e.(2) Byproduct Material11e.(2) Byproduct Material::

• By Implication, This Decision Renders the Underground By Implication, This Decision Renders the Underground Processes at an ISR Project “Milling Underground:”Processes at an ISR Project “Milling Underground:”

– OperationsOperations– RestorationRestoration

• NRC Staff Interprets This Decision to Mean That An NRC Staff Interprets This Decision to Mean That An Environmental Impact Statement (EIS) is Required Environmental Impact Statement (EIS) is Required for ALL Uranium Recovery Projects, Includingfor ALL Uranium Recovery Projects, Including::

• Conventional Mills;Conventional Mills;• ISR ProjectsISR Projects


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Jurisdictional Issues: Claims Jurisdictional Issues: Claims on Federal Agency Landson Federal Agency Lands

• During the Recent Nuclear Renaissance, During the Recent Nuclear Renaissance, New Uranium Claims Have Been FiledNew Uranium Claims Have Been Filed::

• Private Lands;Private Lands;• State Lands;State Lands;• Federal Lands (Administered by BLM or United States Federal Lands (Administered by BLM or United States

Forest Service (USFS))Forest Service (USFS))

• Fifty (50) Percent of New BLM Locatable Fifty (50) Percent of New BLM Locatable Mineral Claims in 2007 Were for Uranium;Mineral Claims in 2007 Were for Uranium;

• Thus, BLM Regulations Regarding Uranium Thus, BLM Regulations Regarding Uranium Recovery Projects Will Be Relevant to the Recovery Projects Will Be Relevant to the Critical Path for Project Development Critical Path for Project Development


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Jurisdictional Issues: Claims Jurisdictional Issues: Claims on Federal Agency Landson Federal Agency Lands

• Pursuant to Applicable Regulations, Pursuant to Applicable Regulations, Uranium Claims on Federal Agency Lands Uranium Claims on Federal Agency Lands Are Subject to Applicable Agency Are Subject to Applicable Agency RequirementsRequirements::

• For Example, BLM Land Management Regulations For Example, BLM Land Management Regulations Apply to Claims on BLM Lands (43 CFR Apply to Claims on BLM Lands (43 CFR § 3830 § 3830 et et seqseq.).);;

• National Environmental Policy Act (NEPA):National Environmental Policy Act (NEPA):

– Lead Agency for Environmental Impact Statement Lead Agency for Environmental Impact Statement (EIS)/Environmental Assessment (EA) Preparation;(EIS)/Environmental Assessment (EA) Preparation;

– Cooperating/Consulting Agency on EIS/EA PreparationCooperating/Consulting Agency on EIS/EA Preparation


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Jurisdictional Issues: ISR GEISJurisdictional Issues: ISR GEIS• Due to the Increase in The Number of Due to the Increase in The Number of

ISR Applications, NRC Determined That ISR Applications, NRC Determined That Creation of an ISR GEIS is Warranted toCreation of an ISR GEIS is Warranted to::

• Address Common Elements of Technical and Address Common Elements of Technical and Environmental Reviews for ISR Projects;Environmental Reviews for ISR Projects;

• Focus Agency Resources on Site-Specific Technical Focus Agency Resources on Site-Specific Technical & Environmental Issues;& Environmental Issues;

• Provide AEA Agreement States, Other Federal/State Provide AEA Agreement States, Other Federal/State Agencies, and Interested Stakeholders With A Agencies, and Interested Stakeholders With A Comprehensive Information Resource for Issues and Comprehensive Information Resource for Issues and Regulatory Decisions Associated With ISR ProjectsRegulatory Decisions Associated With ISR Projects


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Jurisdictional Issues: ISR GEISJurisdictional Issues: ISR GEIS• As Part of the ISR GEIS Process, NRC Has Determined As Part of the ISR GEIS Process, NRC Has Determined

That An ISR GEIS Will Permit the Agency toThat An ISR GEIS Will Permit the Agency to::

• Utilize the Concept of “Tiering” As Recognized By the Utilize the Concept of “Tiering” As Recognized By the Council on Environmental Quality (CEQ) Regulations (40 Council on Environmental Quality (CEQ) Regulations (40 CFR CFR § 1502.20)§ 1502.20), NRC, and Other Federal Agencies, NRC, and Other Federal Agencies::

– Perform Site-Specific Environmental Assessments (EAs) for Perform Site-Specific Environmental Assessments (EAs) for New Proposed ISR Project Sites;New Proposed ISR Project Sites;

– Perform Site-Specific Supplemental EISs Where WarrantedPerform Site-Specific Supplemental EISs Where Warranted

• BLM and Other Federal Agency Regulations May Require the BLM and Other Federal Agency Regulations May Require the NEPA Process for Certain Activities at New Project Sites;NEPA Process for Certain Activities at New Project Sites;

• Thus, The Initial Questions is---Will These Agencies’ Thus, The Initial Questions is---Will These Agencies’ Regulations Allow for “Tiering” of Site-Specific Environmental Regulations Allow for “Tiering” of Site-Specific Environmental Evaluations in a Manner Similar to That of NRC in Light of the Evaluations in a Manner Similar to That of NRC in Light of the ISR GEIS?ISR GEIS?


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Jurisdictional Questions Jurisdictional Questions RemainingRemaining

• Given the Recent Surge of Uranium Claims on Given the Recent Surge of Uranium Claims on BLM Lands, Some Jurisdictional Questions BLM Lands, Some Jurisdictional Questions RemainRemain::

• Which Agency (NRC or BLM/Other or Both) Has Which Agency (NRC or BLM/Other or Both) Has Jurisdiction Over the Various Stages of Uranium Jurisdiction Over the Various Stages of Uranium Production?:Production?:

– Exploration;Exploration;– File for Claims;File for Claims;– Site Characterization;Site Characterization;– Licensing & NEPA ProcessLicensing & NEPA Process– Site Construction;Site Construction;– Operations;Operations;– Site Reclamation (Conventional & ISR) & Restoration (ISR)Site Reclamation (Conventional & ISR) & Restoration (ISR)


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Where Should the Where Should the Jurisdictional Line Be Drawn?Jurisdictional Line Be Drawn?

• To Try to Understand Where to To Try to Understand Where to Draw the Jurisdictional Line Draw the Jurisdictional Line Between Agency Regulatory Between Agency Regulatory Authority, Ask the Following Authority, Ask the Following QuestionQuestion::

• WHERE DOES THE PROCESS OF WHERE DOES THE PROCESS OF URANIUM RECOVERY CEASE TO BE URANIUM RECOVERY CEASE TO BE “MINING” AND BECOME “MILLING?”;“MINING” AND BECOME “MILLING?”;

• WHAT REGULATORY PRECEDENT IS WHAT REGULATORY PRECEDENT IS AVAILABLE TO SUPPORT THE POSITION?AVAILABLE TO SUPPORT THE POSITION?


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Mining v. Milling: Is This The Proper Mining v. Milling: Is This The Proper Place to Delineate Jurisdictional Place to Delineate Jurisdictional

Lines?Lines?• Why Should Jurisdiction Over Uranium Why Should Jurisdiction Over Uranium

Recovery Projects Be Defined by Mining Recovery Projects Be Defined by Mining v. Milling?v. Milling?::

• The Atomic Energy Act of 1954, As Amended by the The Atomic Energy Act of 1954, As Amended by the Uranium Mill Tailings Radiation Control Act of 1978 Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), (Hereinafter the “AEA”) Grants NRC and (UMTRCA), (Hereinafter the “AEA”) Grants NRC and Its Agreement States Its Agreement States Preemptive Regulatory Preemptive Regulatory AuthorityAuthority Over Health and Safety Regulation Over Health and Safety Regulation Associated With AEA Materials (i.e., Source Material Associated With AEA Materials (i.e., Source Material Recovery/MillingRecovery/Milling):):

– Supremacy Clause;Supremacy Clause;– Field Preemption;Field Preemption;– Pervasive Federal Statutory Regime;Pervasive Federal Statutory Regime;– Supported by Federal Case LawSupported by Federal Case Law


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Mining v. Milling: Is This The Proper Mining v. Milling: Is This The Proper Place to Delineate Jurisdictional Place to Delineate Jurisdictional

Lines?Lines?• Why Should Jurisdiction Over Uranium Why Should Jurisdiction Over Uranium

Recovery Projects Be Defined by Mining v. Recovery Projects Be Defined by Mining v. Milling?Milling?::

• The Commission Has Definitively Stated That NRC The Commission Has Definitively Stated That NRC Has No Jurisdiction Over “Mining:”Has No Jurisdiction Over “Mining:”

– Section 62 of the AEASection 62 of the AEA: (Commission’s Source Material : (Commission’s Source Material Authority Invoked After “Removal From Its Place of Authority Invoked After “Removal From Its Place of Deposit in Nature”); Deposit in Nature”);

– NRC 1980 GEISNRC 1980 GEIS: (“NRC Has No Direct Authority Over : (“NRC Has No Direct Authority Over Uranium Mining or Mine Wastes.” (Page A-94))Uranium Mining or Mine Wastes.” (Page A-94))

– Hydro Resources, Inc. (HRI) Administrative LitigationHydro Resources, Inc. (HRI) Administrative Litigation: : (“This Agency Has Traditionally Viewed This Provision (“This Agency Has Traditionally Viewed This Provision As Precluding Jurisdiction Over Uranium Mining.” 63 As Precluding Jurisdiction Over Uranium Mining.” 63 N.R.C. 510, 512 (May 16, 2006))N.R.C. 510, 512 (May 16, 2006))


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Mining v. Milling: Uranium Mining v. Milling: Uranium Recovery StagesRecovery Stages

• The First Stage of Uranium Recovery The First Stage of Uranium Recovery is Explorationis Exploration::

• Entities Seeking to Explore Land Parcels for Entities Seeking to Explore Land Parcels for Uranium Resources Must Obtain Necessary Uranium Resources Must Obtain Necessary State Permits to Drill and Delineate Ore BodiesState Permits to Drill and Delineate Ore Bodies::

– Agency (BLM/USFS/etc.) Concurrence RequiredAgency (BLM/USFS/etc.) Concurrence Required– Bonding for Wells to Be ReclaimedBonding for Wells to Be Reclaimed

• NOTENOTE: NRC Does Not Have Regulations : NRC Does Not Have Regulations Pertaining to This Stage of Uranium RecoveryPertaining to This Stage of Uranium Recovery


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• The Second Stage of Uranium Recovery is The Second Stage of Uranium Recovery is Filing Filing for a Claim or Purchasing a Previously Claimed for a Claim or Purchasing a Previously Claimed Resource:Resource:

• For BLM Public Lands, BLM Regulations Directly ApplyFor BLM Public Lands, BLM Regulations Directly Apply::

– Claims Must Be Submitted to BLM in Accordance With BLM Claims Must Be Submitted to BLM in Accordance With BLM Procedures (43 CFR § 3800 & 3833);Procedures (43 CFR § 3800 & 3833);

– ““Anyone intending to develop mineral resources on the public Anyone intending to develop mineral resources on the public lands must prevent unnecessary or undue degradation of the lands must prevent unnecessary or undue degradation of the land and reclaim disturbed areas.” (43 CFR § 3809.1(a))land and reclaim disturbed areas.” (43 CFR § 3809.1(a))

• NOTENOTE: : NRC Does Not Have Any Regulations Dictating NRC Does Not Have Any Regulations Dictating Policies or Procedures Regarding This Stage of Uranium Policies or Procedures Regarding This Stage of Uranium RecoveryRecovery


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• The Third Stage of Uranium Recovery is Site The Third Stage of Uranium Recovery is Site CharacterizationCharacterization::

• ““Site Characterization” is Considered to IncludeSite Characterization” is Considered to Include::– Gathering of Site-Specific Data for Application Submission:Gathering of Site-Specific Data for Application Submission:

• Surface Soils;Surface Soils;• Other Surface Characteristics Such As Roads, Property Other Surface Characteristics Such As Roads, Property

Boundaries for Further Delineation of the Ore Body;Boundaries for Further Delineation of the Ore Body;• Surface and Groundwater Characteristics and Surface and Groundwater Characteristics and

Active/Inactive Wells;Active/Inactive Wells;• Flora & FaunaFlora & Fauna

• ““Site Characterization” is Addressed as the First of the Site Characterization” is Addressed as the First of the Two Stages of ISR Site Development in NUREG-1569 Two Stages of ISR Site Development in NUREG-1569 (ISR Standard Review Plan); (ISR Standard Review Plan);


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• The Fourth Stage of Uranium Recovery is Licensing & NEPA The Fourth Stage of Uranium Recovery is Licensing & NEPA ProcessProcess::

• Unless Expressly Granted to an Agreement State Pursuant to Unless Expressly Granted to an Agreement State Pursuant to Section 274 of the AEA, NRC Retains Regulatory Authority Section 274 of the AEA, NRC Retains Regulatory Authority Over Source Material Milling & Management of 11e.(2) Over Source Material Milling & Management of 11e.(2) Byproduct Material;Byproduct Material;

• Given That Underground Processing at ISR Facilities is Given That Underground Processing at ISR Facilities is “Milling,” NRC Retains Authority Over Such Processes“Milling,” NRC Retains Authority Over Such Processes

• AEA Expressly Grants NRC Preemptive Authority Over AEA Expressly Grants NRC Preemptive Authority Over Licensing & Regulation of Source Material Milling FacilitiesLicensing & Regulation of Source Material Milling Facilities::

• Chapter 7 of the AEA (Section 62);Chapter 7 of the AEA (Section 62);• 10 CFR Part 40, Appendix A Criteria;10 CFR Part 40, Appendix A Criteria;• 10 CFR Part 51 (NEPA);10 CFR Part 51 (NEPA);• ISR SRP (NUREG-1569) & NUREG-1757 , Volume 3 Financial ISR SRP (NUREG-1569) & NUREG-1757 , Volume 3 Financial

Assurance Guidance;Assurance Guidance;• Other Applicable GuidanceOther Applicable Guidance


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• The Commission Has Voluntarily Adopted CEQ The Commission Has Voluntarily Adopted CEQ NEPA Requirements, With Certain Exceptions:NEPA Requirements, With Certain Exceptions:

– 49 Fed. Reg. 9352 (March 12, 1984): “This rule 49 Fed. Reg. 9352 (March 12, 1984): “This rule reflects the Commission's policy to develop regulations reflects the Commission's policy to develop regulations to take account of the regulations of the Council on to take account of the regulations of the Council on Environmental Quality (Environmental Quality (CEQ)CEQ) implementing the implementing the procedural provisions of NEPA voluntarily, subject to procedural provisions of NEPA voluntarily, subject to certain conditions.”certain conditions.”

– 10 CFR Part 51 Requirements Embody the 10 CFR Part 51 Requirements Embody the Commission’s Adoption of Such RequirementsCommission’s Adoption of Such Requirements

• Premature Commencement of Activities That Premature Commencement of Activities That Can Be Deemed Related to Operations Are Can Be Deemed Related to Operations Are Grounds for Denial of a License (10 CFR Grounds for Denial of a License (10 CFR § § 40.32(e))40.32(e))


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• NRC Also Includes Sister Agencies in the NRC Also Includes Sister Agencies in the NEPA ProcessNEPA Process::

• Cooperating Agencies:Cooperating Agencies:

• Consulting Agencies:Consulting Agencies:

• IS THERE A DIFFERENCE?IS THERE A DIFFERENCE?

• Thus, While Other Agencies May Be a Thus, While Other Agencies May Be a Part of the NEPA Process, NRC is the Part of the NEPA Process, NRC is the Lead Agency for Source Material Milling Lead Agency for Source Material Milling FacilitiesFacilities


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• The Fifth Stage of Uranium The Fifth Stage of Uranium Production is Site Construction Production is Site Construction & Recovery Operations& Recovery Operations::

• Construction & Operation of an ISR Construction & Operation of an ISR Facility Are Expressly Covered by a Facility Are Expressly Covered by a Company’s NRC-Related MaterialsCompany’s NRC-Related Materials::

– License Application;License Application;– License Conditions;License Conditions;– Operations Plans (If Applicable);Operations Plans (If Applicable);– EIS/EA FindingsEIS/EA Findings


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• The Sixth & Final Stage of Uranium The Sixth & Final Stage of Uranium Recovery is Site Reclamation Recovery is Site Reclamation (Conventional & ISR) &, If Necessary, (Conventional & ISR) &, If Necessary, Groundwater Remediation (Conventional) Groundwater Remediation (Conventional) & Restoration (ISR):& Restoration (ISR):

• NRC Regulations Require Site Reclamation and, If NRC Regulations Require Site Reclamation and, If Applicable, Groundwater Remediation Applicable, Groundwater Remediation (Conventional) Restoration (ISR) for License (Conventional) Restoration (ISR) for License Termination;Termination;

• EPA/Delegated State Provides Additional Regulatory EPA/Delegated State Provides Additional Regulatory Oversight of Groundwater at Licensed ISR Sites Oversight of Groundwater at Licensed ISR Sites Under the Underground Injection Control (UIC) Under the Underground Injection Control (UIC) Program and Its Mandatory Aquifer ExemptionsProgram and Its Mandatory Aquifer Exemptions


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Where Should the Line Be Where Should the Line Be Drawn?Drawn?

• The Line Between BLM & NRC The Line Between BLM & NRC Jurisdiction is Most Appropriately Jurisdiction is Most Appropriately Drawn Where the Proposed Action Drawn Where the Proposed Action Transforms from Mining to MillingTransforms from Mining to Milling::

• Acceptable as a Matter of Law Based on Acceptable as a Matter of Law Based on Clear NRC Authority Over “Milling” But Clear NRC Authority Over “Milling” But Not “Mining;”Not “Mining;”

• Acceptable as a Matter of Policy Based on Acceptable as a Matter of Policy Based on the Stages of Uranium Productionthe Stages of Uranium Production


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• Stage 1: Exploration:Stage 1: Exploration: Properly Classified Properly Classified as Part of “Mining” & Covered by BLM as Part of “Mining” & Covered by BLM Regulations:Regulations:

• BLM/USFS/Other Agency RequirementsBLM/USFS/Other Agency Requirements: Apply to : Apply to State for Exploration Permit & Obtain Agency State for Exploration Permit & Obtain Agency Concurrence;Concurrence;

– State Statutes Govern Application Process;State Statutes Govern Application Process;– Some Exemptions Apply;Some Exemptions Apply;– Annual Reporting Requirements;Annual Reporting Requirements;– Some, If Not All, Jurisdictions Require Some Form of Some, If Not All, Jurisdictions Require Some Form of

BondingBonding


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• Stage 2: Obtaining a ClaimStage 2: Obtaining a Claim: Properly : Properly Classified as Part “Mining” & Classified as Part “Mining” & Covered by BLM RegulationsCovered by BLM Regulations

• BLM Regulations Provide Explicit BLM Regulations Provide Explicit Procedures for Obtaining and Maintaining a Procedures for Obtaining and Maintaining a Claim;Claim;

• NRC’s AEA Authority Does Not Extend to NRC’s AEA Authority Does Not Extend to Source Material That Has Not Been Source Material That Has Not Been Removed from Its Place in Nature (Section Removed from Its Place in Nature (Section 62 of the AEA)62 of the AEA)


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• Stage 3: Site Characterization:Stage 3: Site Characterization: Properly Classified as Part of Properly Classified as Part of “Mining” & Covered by BLM “Mining” & Covered by BLM Regulations:Regulations:

• NRC Requires Site-Specific Characterization NRC Requires Site-Specific Characterization Data for New Project Sites But Does Not Data for New Project Sites But Does Not Regulate Characterization Processes;Regulate Characterization Processes;

• State Mining Permits With Agency State Mining Permits With Agency Concurrence RequiredConcurrence Required::

• Bonding Requirements (e.g., Wells)Bonding Requirements (e.g., Wells)


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• Stage 4: Licensing & NEPA Process:Stage 4: Licensing & NEPA Process: Properly Classified as Part of “Milling” Properly Classified as Part of “Milling” & Covered by NRC Regulations:& Covered by NRC Regulations:

• 10 CFR Part 4010 CFR Part 40: Contents of License Application;: Contents of License Application;• 10 CFR Part 5110 CFR Part 51: NEPA Process;: NEPA Process;• NUREG-1569NUREG-1569: ISR SRP: ISR SRP• NUREG-1620NUREG-1620: Conventional Mill Reclamation : Conventional Mill Reclamation

Plan Guidance (“Conventional Mill SRP”);Plan Guidance (“Conventional Mill SRP”);• NUREG-1757, Volume 3NUREG-1757, Volume 3: Financial Assurance : Financial Assurance

GuidanceGuidance


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• Stage 5: Site Construction & Stage 5: Site Construction & Operations:Operations: Properly Classified as Properly Classified as “Milling” & Covered By NRC “Milling” & Covered By NRC RegulationsRegulations

• 10 CFR Part 2010 CFR Part 20::Radiation Dose;Radiation Dose;• 10 CFR Part 40 & Appendix A10 CFR Part 40 & Appendix A:: Site Site

Operations & Closure;Operations & Closure;• NRC/Agreement State License ConditionsNRC/Agreement State License Conditions


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• Stage 6: Site Reclamation & Stage 6: Site Reclamation & Groundwater Remediation/Restoration:Groundwater Remediation/Restoration: Properly Classified as “Milling” & Properly Classified as “Milling” & Covered By NRC Regulations and Covered By NRC Regulations and EPA/Delegated State UIC Program EPA/Delegated State UIC Program Requirements:Requirements:

• 10 CFR Part 40, Appendix A;10 CFR Part 40, Appendix A;• Approved Site Reclamation Plan and/or Approved Site Reclamation Plan and/or

Restoration Action Plan (RAP);Restoration Action Plan (RAP);• Additional UIC Restoration & Well RequirementsAdditional UIC Restoration & Well Requirements


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Path ForwardPath Forward• Environmental Review Process is a Environmental Review Process is a

Key Aspect of Licensing/Permitting Key Aspect of Licensing/Permitting New Project SitesNew Project Sites::

• If Jurisdictional Lines Are Blurred, Memoranda of If Jurisdictional Lines Are Blurred, Memoranda of Understanding May Be Helpful;Understanding May Be Helpful;

• Repetitive to Conduct Multiple Environmental Repetitive to Conduct Multiple Environmental Reviews of the Same Project Site;Reviews of the Same Project Site;

• Interagency Discussion & Cooperation is Essential Interagency Discussion & Cooperation is Essential With An Eye Towards Minimizing the Expenditure of With An Eye Towards Minimizing the Expenditure of Valuable Agency Resources While Maximizing the Valuable Agency Resources While Maximizing the Effectiveness of Site ReviewsEffectiveness of Site Reviews


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ConclusionsConclusions• New Uranium Recovery Project Sites Require New Uranium Recovery Project Sites Require

a Full Understanding of Which Regulatory a Full Understanding of Which Regulatory Authorities Have Jurisdiction Over Proposed Authorities Have Jurisdiction Over Proposed Activities;Activities;

• Licensees and License Applicants Must Have Licensees and License Applicants Must Have a Thorough Understanding of the Land a Thorough Understanding of the Land Ownership Status of Their Properties;Ownership Status of Their Properties;

• To Assist These Entities, Agencies Should Be To Assist These Entities, Agencies Should Be Prepared to Work Together to Make the Prepared to Work Together to Make the Lines of Jurisdictional Authority Transparent Lines of Jurisdictional Authority Transparent

analysis of jurisdictional boundaries for uranium recovery project stages

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