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.