[Federal Register Volume 91, Number 145 (Thursday, July 30, 2026)]
[Notices]
[Pages 48198-48200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15338]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8943; NRC-2025-0976]
Crow Butte Resources, Inc.; Crow Butte Project and Marsland
Expansion Area; Environmental Assessment and Finding of No Significant
Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
renewal of Crow Butte Resources, Inc.'s (CBR or the licensee), source
and byproduct materials license SUA-1534 for continued in situ recovery
(ISR) of uranium at the Crow Butte Project and for construction and
operation of a satellite facility and support operations at the
Marsland Expansion Area in Crawford, Nebraska, for an additional 20
years. The NRC staff is issuing an environmental assessment (EA) and
finding of no significant impact (FONSI).
DATES: The EA and FONSI referenced in this document are available on
July 30, 2026.
ADDRESSES: Please refer to Docket ID NRC-2025-0976 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0976. 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.
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].
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.
FOR FURTHER INFORMATION CONTACT: Christine Pineda, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6789; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NRC is making available to the public the ``Environmental
Assessment for the Proposed Renewal of Crow Butte Resources, Inc.'s
License for In-Situ Uranium Recovery at the Crow Butte Project and
Marsland Expansion Area in Dawes County, Nebraska.'' The EA is
available in ADAMS under Accession No. ML26204A421.
II. Introduction
The NRC is considering the renewal of source and byproduct
materials license SUA-1534 for CBR's ISR project in Dawes County,
Nebraska at the Crow Butte Project (CBP) and Marsland Expansion Area
(MEA) sites for an additional 20 years. CBR plans to continue
recovering uranium and producing yellowcake using the ISR process. The
CBP is an operating facility that has been in standby since 2018. The
MEA has not yet been constructed. Yellowcake, the uranium oxide product
of the ISR process, is used in the production of fuel for commercially
operated nuclear power reactors.
The NRC staff has prepared an EA for this proposed licensing action
in accordance with NRC regulations in part 51 of title 10 of the Code
of Federal Regulations (10 CFR), ``Environmental Protection Regulations
for Domestic Licensing and Related Regulatory Functions,'' which
implement the National Environmental Policy Act of 1969, as amended
(NEPA). Based on the EA, the NRC has concluded that a FONSI is
appropriate. Therefore, in
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accordance with paragraph 10 CFR 51.31(a), ``Determinations based on
environmental assessment,'' the NRC has determined that preparation of
an environmental impact statement is not warranted for the proposed
action. The NRC is issuing a FONSI at this time.
III. Summary of the Environmental Assessment
Description of the Proposed Action
The proposed Federal action is approval of CBR's application for
license renewal. If the NRC does decide to renew the license, CBR would
continue ISR operations at the CBP and could construct and operate a
satellite facility and support operations at the MEA. Other licensed
activities include aquifer restoration and decommissioning activities.
The NRC will renew license SUA-1534 (ADAMS Accession No. ML25259A241),
under 10 CFR part 40, ``Domestic Licensing of Source Material,'' if the
NRC concludes that CBR has demonstrated it will continue to meet NRC
requirements for operation at the CBP and for construction and
operation at the MEA.
The CBP license area occupies approximately 2,840 acres, and the
area disturbed over the estimated life of the project is approximately
1,265 acres. The ISR project at the CBP consists of processing
facilities and 11 sequentially-developed wellfields (mine units), a
central processing facility, two nonhazardous Class I deep injection
(disposal) wells, a Class V septic disposal well, evaporation ponds,
and associated infrastructure and support facilities. Currently, only
aquifer restoration activities are ongoing at the CBP (no uranium
recovery). If Crow Butte restarts operations at the CBP, uranium would
continue to be recovered from the Basal Chadron Sandstone at a depth
that varies from 400 to 900 feet below the ground surface. The maximum
flow rate of the processing facility is 9,000 gpm, excluding
restoration flow, and total annual yellowcake production is limited to
2 million pounds.
The MEA license area encompasses approximately 4,622 acres, and
Crow Butte estimates that the area to be disturbed would be
approximately 1,754 acres. At the MEA, facilities would include
wellfields, a satellite ion exchange facility, two nonhazardous Class I
deep disposal wells, a Class V well for septic disposals, and support
facilities and infrastructure. Crow Butte has not started construction
of the ISR facilities at the MEA.
After operations at a wellfield in the CBP or the MEA cease, CBR
would begin aquifer restoration to return groundwater quality within
the production zone of wellfields to standards consistent with NRC
requirements at 10 CFR part 40, Appendix A, Criterion 5B(5) and, if
applicable, 5B(6). After groundwater restoration, CBR would proceed
with reclamation and decommissioning. CBR's goal in reclamation and
decommissioning is to return disturbed lands back to conditions that
are at least equal in quality to pre-ISR conditions.
Purpose and Need for the Proposed Action
The purpose of the proposed license renewal is to enable Crow Butte
to continue ISR operations for an additional 20 years. In regulating
uranium milling and the ISR process, the NRC is meeting its obligations
under the Atomic Energy Act of 1954, as amended, (AEA), to allow and
ensure the safe possession and use of radioactive materials. This
definition of ``purpose and need'' reflects the Commission's
recognition that, unless there are negative findings in the NRC's
safety review required by the AEA, or findings under NEPA that would
lead the NRC to reject the license renewal application, the NRC has no
role in a company's decision to construct and operate an ISR facility
at a particular location.
Environmental Impacts of the Proposed Action
The NRC staff has assessed the potential environmental impacts of
the proposed action. The results of the NRC's environmental review can
be found in the EA. The NRC staff assessed the potential impacts on
land use; visual and scenic resources; noise; air quality; geology and
soils; water resources; ecological resources; historic and cultural
resources; socioeconomics; transportation; public and occupational
health and safety; and waste management.
The proposed action would not change the current and expected land
use at the CBP. No significant changes in operations and no new
construction at the CBP site, including roads, are planned or expected.
Traffic is not expected to increase from current conditions (during
full operations). The NRC staff has determined that impacts to water
resources would not be significant, as discussed in detail in the EA.
During the 20-year term of the license renewal, CBR would continue to
operate in accordance with NRC, State, and other requirements to
minimize impacts to water resources. There would be no significant
impacts to public radiological and non-radiological health, and CBR
would continue to operate in accordance with NRC and State requirements
to minimize radiological and non-radiological impacts.
The proposed action at the MEA likewise would not result in a
significant increase in short-term or long-term radiological risk to
public health or the environment. Certain construction impacts could be
noticeable, including impacts from noise (temporary impacts to the
nearest resident to the MEA during construction) and impacts on
ecological resources (localized and temporary impacts resulting from
the loss and slow recovery of forest habitat). While potential
noticeable impacts would be expected for specific aspects of these
resource areas, the construction impacts are short-term and temporary.
Impacts from MEA operations would not be significant, as described in
section 3 of the EA. After construction, CBR would operate the MEA
during the 20-year license renewal term in accordance with NRC, State,
and other requirements to minimize impacts to water resources. The NRC
staff does not expect significant impacts from MEA operation to public
radiological and non-radiological health, and CBR would operate the MEA
in accordance with NRC and State requirements to minimize radiological
and non-radiological impacts.
In accordance with the Endangered Species Act, the NRC staff
evaluated potential impacts to federally protected ecological resources
that may result from the proposed action. As discussed in section 1.6.2
of the EA, the U.S. Fish and Wildlife Service concurred with NRC
staff's effect determinations of ``may affect but is not likely to
adversely affect'' the monarch butterfly, Suckley's cuckoo bumble bee,
and western regal fritillary.
In accordance with the National Historic Preservation Act, the NRC
staff evaluated potential impacts to historic and cultural resources at
the CBP and the MEA. The NRC staff consulted with Federally recognized
Indian Tribes, and the Nebraska State Historic Preservation Office, as
described in section 1.6.1 of the EA. Based on the staff's assessment
and the results of consultation, the NRC staff concludes that impacts
from licensed activities at the CBP and MEA during the proposed license
renewal period on unevaluated sites, sites eligible for listing in the
National Register of Historic Places (NRHP), and Federally recognized
Indian tribal sites not eligible for listing in the NRHP but
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of significance to Federally recognized Indian Tribes will not be
significant.
Environmental Impacts of the Alternative to the Proposed Action
As an alternative to the proposed license renewal for the Crow
Butte ISR project at the CBP and the MEA, the NRC considered the no-
action alternative. Under the no-action alternative, the NRC would not
renew license SUA-1534. CBR would not be able to continue operations at
the CBP, and would not be able to pursue construction and operation at
the MEA. For the CBP site, CBR would need to submit a decommissioning
plan for NRC approval. Decommissioning would commence only after the
NRC has conducted parallel safety and environmental reviews and
approved the decommissioning plan. The potential impacts of the no-
action alternative would therefore be the same as the impacts resulting
from decommissioning activities. Section 2.1.5 of the EA provides a
general description of decommissioning activities.
At the MEA site under the no-action alternative, there would be no
environmental impacts on land use, transportation, geology and soils,
air quality, water resources, ecological resources, noise, historic and
cultural resources, visual and scenic resources, waste management, and
public and occupational health and safety. Drill holes associated with
MEA preconstruction activities would be properly plugged and abandoned,
and the wells would be decommissioned.
Additionally, the uranium minerals present in the Crow Butte area
would not be made available to support the U.S. nuclear fuel supply
chain with domestically produced uranium.
Agencies and Persons Consulted
On May 26, 2026, the NRC provided the draft EA to the State of
Nebraska's Department of Water, Energy, and Environment. The NRC
received no comments on the draft EA.
Under Section 106 of the National Historic Preservation Act, the
NRC staff consulted with the Nebraska State Historic Preservation
Office, CBR, and 28 Federally recognized Indian Tribes, as described in
section 1.6.1 of the EA. Under the Endangered Species Act, the NRC
staff consulted with the U.S. Fish and Wildlife Service, as described
in section 1.6.2 of the EA.
IV. Finding of No Significant Impact
In accordance with the requirements in 10 CFR part 51, the NRC
staff has concluded that the proposed action will not significantly
affect the quality of the human environment. Therefore, the NRC staff
has determined, pursuant to 10 CFR 51.31, ``Determinations based on
environmental assessment,'' that preparation of an EIS is not required
for the proposed action, and pursuant to 10 CFR 51.32, ``Finding of no
significant impact,'' a FONSI is appropriate. Consistent with 10 CFR
51.32(a)(4), this FONSI incorporates by reference the EA described in
this notice.
Authority: 42 U.S.C. 2011 et seq.
Dated: July 24, 2026
For the Nuclear Regulatory Commission.
Robert Sun,
Chief, Environmental Review Materials Branch, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2026-15338 Filed 7-29-26; 8:45 am]
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