DRC-2017-008785 - 0901a0688077868b

GARY R. HERBERT
Govemor
SPENCER J. COX
Lieutenant Govemor
Department of
Environmental Quality
Alan Matheson
Executive Director
DTVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director
November I5,20I7
Honorable Harold Cuthair, Chair
Ute Mountain Ute Tribe
P.O. Box 248
Towaoc, CO 81334-0248
RE: White Mesa Uranium Mill
San Juan County, Utah
Archeological Review
Dear Chairman Cuthair:
On July 3I,2017 the Ute Mountain Ute Tribe submitted comments to the Division of Waste
Management and Radiation Control regarding the renewal of the White Mesa Uranium Mill's
Radioactive Materials License.
In Part I of the Tribe's comments, the following comments were made:
I-III-D Regarding Sec. 9.7 Cultural Resources Protections, the Tribe requests that procedures be
implemented by the State of Utah at the White Mesa MiII for repatriation of human remains and related
artifacts in the same manner as the Native American Graves Repatriation Act (NAGPRA).
Due to the sensitive and sacred nature of the lands the WMM sits up, they are already subiect to the
Archaeological Protection Act of 1979 (ARPA) and the National Historic Preservation Act (NHPA).
The Tribe believes that the Native American Grave and Repatriation Act (NAGPP#.) should also be
complied with in order to return to their ancestors any human remains, funerary objects, and sacred
objects found when the ground is disturbed.
I-III-E The Tribe would tike the Tribal Historical Preservation Officer to be added to the Memorandum
of Agreement and have the Tribe provide comments and amendments to the curuent MOA.
Long historical documented connection between the Ute Mountain Tribe and the sites at the mill. The
ancestors of some Tribal Members may be located at the site, and the desecration of these causes
cultural and spiritual damage to Tribal Members.
195 North 1950 West. Salt lake City, UT
Mailing Address: P.O. Box 144880'Salt t:ke City' UT 84114-4880
Telephone [phone]'Fax [phone] 'T.D.D. (801) 5364284
unnn'deq'utah.goa
Printed on 1007o recYcled PaPer
DRC-2017-008785
Based on the Tribe's comments on License Condition 9.7, the Division would like to initiate acollaboration process between the Tribe, the Division, the Utah State Historic preservation Office(SHPO) and Energy Fuels Resources Inc. The purpose of this collaboration process would be to reviewthe Memorandum of Understanding (MOU) referenced in License Condition 9 .j and,determine if anupdate is needed to reflect current Lws, rules and practices. In connection with this process, theDivision would also like to evaluate whether it would be appropriate for the Division to enter into a newMOU with SHPO.
The Division would like to involve the other parties listed above in connection with the re-evaluation ofCondition 9.7 as outlined in the Tribe's comments. The Division proposes sending out the enclosedletter to the other parties outlining the background, the Tribe's current comments ind a proposed processthrough which these comments can be addressed. We would appreciate your commentJ on this pioposaland the draft letter by January 2,2018.
Please provide Ryan Johnson with the contact information of the person that will represent the Tribe inthis collaboration. Ryan can be reached at [e-mail] or [phone].
Scott T. Anderson, Director
Division of Waste Management and Radiation Control
STA/RMJlka
Enclosure: Draft Joint lrtter to other parties (DRC-2017-00g7g7)
c: Kirk Benge, Health officer, San Juan public Health Department
Rick Meyer, Environmental Health Director, San Juan public Health
Scott Hacking, P.E., DEe District Engineer
Department