[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59593-59595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23415]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9075; NRC-2024-0129]
Powertech USA, Inc.; Dewey-Burdock In Situ Uranium Recovery
Project; Draft Programmatic Agreement
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment a draft Programmatic Agreement (PA), ``Draft
Programmatic Agreement Between the U.S. Nuclear Regulatory Commission,
U.S. Bureau of Land Management, U.S. Environmental Protection Agency,
South Dakota State Historic Preservation Office, and Powertech USA,
Inc. Regarding the Dewey-Burdock In Situ Uranium Recovery Project in
Custer and Fall River Counties, South Dakota,'' regarding Powertech
USA, Inc.'s request to renew Source and Byproduct Materials License No.
SUA-1600 for the Dewey-Burdock in situ uranium recovery (ISR) project
in Custer and Fall River counties, South Dakota. The NRC staff is
pursuing execution of a PA pursuant to satisfy its obligations under
Section 106 of the National Historic Preservation Act of 1966, as
amended (NHPA).
DATES: Submit comments by January 20, 2026. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website.
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0129. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual(s) listed in the For Further
Information Contact section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
[[Page 59594]]
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Diana Diaz-Toro, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0930; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0129 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0129.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2024-0129 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
The NRC is issuing for public comment a draft PA between the NRC,
U.S. Bureau of Land Management (BLM), U.S. Environmental Protection
Agency (EPA), South Dakota State Historic Preservation Office (SD
SHPO), and Powertech. The NRC staff is pursuing execution of a PA
pursuant to paragraph 800.4(b)(2) of title 36 of the Code of Federal
Regulations (36 CFR) to satisfy its obligations under Section 106 of
the NHPA for Powertech's license renewal request for the Dewey-Burdock
ISR. The Dewey-Burdock ISR project is located in Custer and Fall River
counties, South Dakota, and has not been constructed.
On March 4, 2024, Powertech, which is the United States-based
wholly owned subsidiary of enCore Energy Corp., submitted a license
renewal application to the NRC for the Dewey-Burdock ISR project in
accordance with part 40 of title 10 of the Code of Federal Regulations,
``Domestic Licensing of Source Material.'' Powertech requested renewal
of its NRC license for a 20-year term. On March 31, 2025, Powertech
updated its license renewal application. Powertech proposes to recover
uranium using the ISR method where a liquid solution is injected into
the ore body to mobilize uranium, which is then pumped to the surface
and processed to produce yellowcake. The Dewey-Burdock ISR project
would consist of processing facilities and sequentially-developed
wellfields sited in two contiguous areas, the Burdock area and the
Dewey area.
On August 9, 2024, the NRC issued a notice for an opportunity to
request a hearing and to petition for leave to intervene (89 FR 65401)
for Powertech's request to renew source and byproduct materials license
SUA-1600.
III. Discussion
The NRC staff has determined a phased process for compliance with
Section 106 of the NHPA is appropriate for this undertaking, as
specifically permitted under 36 CFR 800.4(b)(2), Section 106
implementing regulations. Pursuant to 36 CFR 800.8, the NRC is
coordinating its Section 106 process with its review under the National
Environmental Policy Act of 1969, as amended.
In accordance with 36 CFR 800.2(c)(1)(i), the NRC staff initiated
its Section 106 consultation with the SD SHPO for this undertaking,
including preparation of this PA, via letter dated January 24, 2025.
In response to NRC staff's letter dated January 24, 2025, the BLM
designated the NRC as the lead agency for compliance with requirements
of Section 106 of the NHPA regarding the Dewey-Burdock ISR project
pursuant to 36 CFR 800.2(a)(2). The NRC staff also invited the EPA to
participate in the Section 106 process for this undertaking, and on
November 14, 2025, the EPA designated the NRC as the lead agency for
compliance with requirements of Section 106 of the NHPA pursuant to 36
CFR 800.2(a)(2). On January 24, 2025, the NRC staff notified the
Advisory Council on Historic Preservation (ACHP) of the undertaking and
invited the ACHP to participate in NHPA Section 106 consultation. By
letter dated October 14, 2025, the ACHP notified the NRC that Appendix
A of the Section 106 implementing regulations, ``Criteria for Council
Involvement in Reviewing Individual Section 106 Cases,'' implementing
regulations at 36 CFR part 800, does not apply to the undertaking and,
therefore, its participation in the consultation to resolve adverse
effects is not necessary. By letters dated January 24, 2025, the NRC
invited 25 federally recognized Indian Tribes who may ascribe religious
and cultural significance to historic properties that may be affected
by the undertaking to participate in the Section 106 consultation and
preparation of this PA. The NRC staff also invited Powertech, in
accordance with 36 CFR 800.2(c)(4), via letter dated January 24, 2025.
Additionally, in response to the NDN Collective's request dated March
14, 2025, the NRC invited the NDN Collective to participate as a
consulting party in the Section 106 process for the undertaking.
The NRC staff continued its efforts to engage in consultation with
Tribes by sending emails and holding meetings to gather information
related to
[[Page 59595]]
identification efforts and coordinate meetings. On March 5 and 13,
2025, the NRC staff held closed government-to-government virtual tribal
information meetings. The purpose of the meetings was to engage with
and hear from Tribal representatives invited to participate in and
consult on the Section 106 process. On May 2, 2025, the NRC staff
invited the Tribes to participate in a visit to the Dewey-Burdock ISR
site. On June 11, 2025, the NRC staff held a Tribal site visit as part
of its ongoing Section 106 consultation. The purpose of the Tribal site
visit was to provide federally-recognized Tribes (i) an overview of the
site and proposed ISR facilities, (ii) an overview of the area of
potential effects, (iii) an overview of the areas where cultural
resources have been identified in relation to potential surface
disturbances, and (iv) answer questions from and gather information
from Tribes about sites of religious and cultural significance to them
and potential effects on these from the undertaking.
By letter dated September 30, 2025, the NRC staff transmitted the
draft PA, developed in accordance with 36 CFR 800.14(b)(3), to the
Tribes, BLM, EPA, ACHP, SD SHPO, and Powertech for review and comment.
In the letter, the NRC staff also proposed coordinating a Tribal
Cultural Resource Survey to be conducted after execution of the new PA
using the draft survey methodology included as Appendix D of the draft
PA. The NRC staff also requested comments on the draft tribal survey
methodology. On November 19, 2025, the NRC staff transmitted the draft
PA and draft tribal survey methodology to NDN Collective for review and
comment.
The NRC staff has updated the draft PA and draft tribal survey
methodology based on the comments received. The NRC is requesting
public comment on the updated draft PA. The NRC will consider these
comments before finalizing the PA. The draft PA is available in ADAMS
under Accession Nos. ML25346A149, ML25346A151, and ML25346A150.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document description ADAMS Accession No.
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Powertech's updated license renewal application for the ML25091A216 (package).
Dewey-Burdock uranium recovery facility in Custer and Fall
River counties, South Dakota, dated March 31, 2025.
NRC Letter to SD SHPO initiating the NHPA Section 106 ML24291A051.
Process, dated January 24, 2025.
NRC Letter to BLM initiating the NHPA Section 106 Process, ML24291A050.
dated January 24, 2025.
NRC Letter to EPA initiating the NHPA Section 106 Process, ML24291A056.
dated January 24, 2025.
NRC Letter to ACHP initiating the NHPA Section 106 Process, ML24291A049.
dated January 24, 2025.
NRC Letter to Powertech initiating the NHPA Section 106 ML24291A094.
Process, dated January 24, 2025.
NRC Letters to Consulting Tribes initiating the NHPA Section ML24290A178 (package).
106 Process, dated January 24, 2025.
NRC Letter to NDN Collective initiating the NHPA Section 106 ML25067A003.
Process, dated March 14, 2025.
BLM Letter to NRC Designating NRC as Lead Agency for the ML25071A049.
Section 106 Process, dated March 7, 2025.
NRC Summary of March 2025 Virtual Tribal Information ML25077A115 (package).
Meetings, dated March 24, 2025.
NRC Summary of June 11, 2025, Tribal Site Visit, dated ML25213A145.
August 1, 2025.
NRC Letters to Consulting Tribes transmitting the Draft ML25273A335 (package).
Section 106 Programmatic Agreement, dated September 30,
2025.
NRC Letters to BLM, EPA, ACHP, SD SHPO, and Powertech ML25273A367 (package).
transmitting the Draft Section 106 Programmatic Agreement,
dated September 30, 2025.
ACHP Letter to NRC regarding Participation in the Section ML25335A035.
106 Process, dated October 14, 2025.
EPA Letter to NRC Designating NRC as Lead Agency for the ML25335A023.
Section 106 Process, dated November 14, 2025.
NRC Letter to NDN Collective transmitting the Draft Section ML25318A141 (package).
106 Programmatic Agreement, dated November 19, 2025.
Updated Draft Section 106 Programmatic Agreement for the ML25346A149.
Powertech License Renewal Application for the Dewey-Burdock
Project.
Updated Draft Section 106 Programmatic Agreement Appendices ML25346A151.
for the Powertech License Renewal Application for the Dewey-
Burdock Project.
Appendix D--Updated Draft Tribal Cultural Resource Survey ML25346A150.
Methodology for the Powertech License Renewal Application
for the Dewey-Burdock Project.
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Dated: December 17, 2025.
For the Nuclear Regulatory Commission.
Theodore Smith,
Acting Chief, Environmental Technical Review Branch 1, Division of
Rulemaking, Environmental, and Financial Support, Office of Nuclear
Material Safety, and Safeguards.
[FR Doc. 2025-23415 Filed 12-18-25; 8:45 am]
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