United States Nuclear Regulatory Commission - Protecting People and the Environment

Section 106 Consultation for Kendrick

NRC received an application from Strata to amend the source materials license for its Ross uranium recovery site (SUA-1601) to include the Kendrick project area. The Ross and Kendrick sites are located in Crook County, Wyoming.

The NRC was performing a National Environmental Policy Act (NEPA) review and a National Historic Preservation Act (NHPA) Section 106 consultation.  The NRC intended to fulfill its Section 106 consultation obligations through its NEPA process. On December 21, 2016, Strata requested the NRC suspend its review of the Kendrick license amendment request.

See the expandable table below for more information about what the NRC did for the Kendrick Section 106 consultation.


Section 106 Consultation Heading
Section 106 - Initiate

INITIATE — In this step of the 106 Process, the federal agency must establish the undertaking, notify the appropriate State Historic Preservation Officer (SHPO) and Tribal Historic Preservation Officers (THPO), identify tribes and other consulting parties, and involve the public.

The NRC initiated the Section 106 process in July 2015 by sending letters to 26 Tribes, the Advisory Council on Historic Preservation (ACHP), the Wyoming SHPO, and the National Park Service – Devils Tower formally inviting the parties to consult with the NRC. In those letters, the NRC provided basic information about the project and noted that it would be using the NEPA process to complete Section 106 consultation responsibilities.
Section 106 - Identify

IDENTIFY — In this step of the Section 106 process, the federal agency must determine the area of potential effect (APE), identify historic properties, consult with SHPO, THPOs, tribes, and other consulting parties, and involve the public.

The NRC initiated Step 2 of the Section 106 process by letter, dated December 31, 2015, which was sent to 26 Tribes, the ACHP, the Wyoming SHPO, BLM, and the National Park Service – Devils Tower. In the letter, the NRC delineated the direct and indirect areas of potential effect (APEs) for the Kendrick project. The direct APE will include the entire Kendrick footprint (7,774 acres). The indirect APE would be a 3-mile radius around the Kendrick site boundary. The NRC requested the Wyoming SHPO concur on the APEs. In the letter, the NRC also shared a copy of Strata's Class III Survey Report and requested that the parties provide comments within 30 days of receiving the Report. The NRC received comments from the Wyoming SHPO and BLM on the Class III Report.

The NRC submitted an Evaluation Plan for 13 unevaluated sites within the Kendrick APE to the Wyoming SHPO for their 30-day review and concurrence on May 5, 2016. The Wyoming SHPO concurred with the evaluation plan on May 26, 2016.

Based on responses received from previous NRC Section 106 communications, the NRC sent letters to 14 Tribes requesting input on seven sites identified in the Kendrick Class III Report, three of which the Wyoming SHPO agreed should remain “unevaluated” for listing on the National Register of Historic Places pending consultation with the Tribes. During the week of July 25, 2016, 10 tribes visited the Kendrick site to consult with the NRC on the eligibility of seven sites. Tribal representatives included Tribal Historic Preservation Officers (THPOs), elders, and archeological monitors. Based on information gathered during the site visit and consultation, the NRC developed preliminary determinations of eligibility for the seven sites. The NRC shared its preliminary determinations with the consulting Tribes for their review and comment. The NRC received written responses from the Northern Arapaho and the Cheyenne River Sioux tribes.

On November 21, 2016, the NRC submitted its recommendation of eligibility for 16 sites, based on further evaluative testing and/or tribal consultation, to the Wyoming SHPO for concurrence. On December 9, 2016, the Wyoming SHPO concurred with the NRC’s recommendations of eligibility. With the SHPO’s concurrence letter, the identification step of the Section 106 consultation is complete.

Section 106 - Assess

ASSESS — In this step of the 106 Process, the federal agency must apply criteria of adverse effect to identified properties, consult with the SHPO, THPOs, tribes, and other consulting parties, and continue to involve the public. If no historic or cultural properties are adversely affected, then the Section 106 process is complete.

Section 106 - Resolve

RESOLVE — In this step of the 106 Process, the federal agency must avoid, minimize, or mitigate adverse effects and notify the ACHP. The federal agency must continue to consult with the SHPO, THPOs, tribes, and other consulting parties and keep the public involved.

Section 106 - Comunication

If you have any questions or comments about the Section 106 consultation for this project, please contact the environmental project manager, Jessie Muir Quintero by phone at 301.415.7476 or by email at Jessie.Muir-Quintero@nrc.gov.


Page Last Reviewed/Updated Monday, April 10, 2017