U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

For updates or revisions to policies contained in this MD that were published after the MD was signed, 

please see the Yellow Announcement to Management Directive index (YA-to-MD index).

MD 5.1 CONSULTATION AND COORDINATION

WITH GOVERNMENTS AND INDIAN 

TRIBES

DT-20-07

Volume 5: Governmental Relations and Public Affairs 

Approved By: Kristine L. Svinicki, Chairman

Date Approved: July 6, 2020

Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the 

online MD Catalog.

Issuing Office: Office of Nuclear Material Safety and Safeguards

Division of Materials Safety, Security, State, and Tribal Programs

Contact Name: Sarah Lopas Intergovernmental Consultation Contacts

(names and phone numbers are available here)

EXECUTIVE SUMMARY 

Management Directive (MD) 5.1, “Consultation and Coordination with Governments and 

Indian Tribes,” is revised to—

• Add delegations of authority and responsibilities on Tribal issues for the Deputy 

Executive Director for Operations for Materials, Waste, Research, State, Tribal, 

Compliance, Administration, and Human Capital Programs; 

• More effectively integrate consultation and coordination with Indian Tribes into the 

MD; 

• Include responsibilities arising from the Tribal Policy Statement; and 

• Clarify office directors’ and regional administrators’ roles to increase the efficiency 

of the agency’s intergovernmental consultation.

The MD is retitled from “Intergovernmental Consultation” to “Consultation and Coordination 

with Governments and Indian Tribes,” reflecting the expanded scope of activities described in 

this MD. The MD addresses general responsibilities for consultation and coordination with 

governments and federally recognized Indian Tribes and is not intended to exhaustively 

capture all consultation responsibilities. In addition, this revision updates references to 

Executive Orders, laws, and the agency’s regulations, delegations of authority, and guidance.

Directive Handbook 5.1 is eliminated because it was determined to be unnecessary because 

it was limited to excerpts of public laws. The reference section of MD 5.1 includes the Federal 

laws from which the excerpts were taken and adds additional references that indicate where 

consultation and coordination with States, federally recognized Indian Tribes, and Federal 

agencies are required. 
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TABLE OF CONTENTS

I. POLICY..............................................................................................................................2

A. States and Federal Agencies........................................................................................2

B. Indian Tribes.................................................................................................................3

C. Consultation and Coordination......................................................................................4

II. OBJECTIVES ....................................................................................................................5

III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY...........6

A. Chairman......................................................................................................................6

B. Commission..................................................................................................................6

C. Executive Director for Operations (EDO) ......................................................................6

D. Deputy Executive Director for Materials, Waste, Research, State, Tribal, 

Compliance, Administration, and Human Capital Programs (DEDM)............................8

E. General Counsel...........................................................................................................8

F. Director, Office of Nuclear Material Safety and Safeguards (NMSS).............................9

G. Director, Office of Nuclear Security and Incident Response (NSIR)............................10

H. Office Directors and Regional Administrators .............................................................10

I. NMSS Tribal Liaisons .................................................................................................11

J. Regional State Liaison Officers...................................................................................11

K. Regional State Agreements Officers...........................................................................12

IV. APPLICABILITY ..............................................................................................................12

V. DEFINITIONS ..................................................................................................................12

VI. DIRECTIVE HANDBOOK ................................................................................................16

VII. REFERENCES.................................................................................................................16

I. POLICY

A. States and Federal Agencies

1. The U.S. Nuclear Regulatory Commission (NRC) will provide appropriate and 

meaningful consultation and coordination that begins as soon as practicable between 

the NRC and States, other Federal agencies, interstate governmental agencies, and 

national or regional organizations of States, when imposing regulatory requirements 

that might significantly or uniquely affect these entities or when consultation is 

required by Federal law or Federal regulation. References throughout this directive to 

“State” or “States” include the State government for any State, as defined in Section 

274n of the Atomic Energy Act of 1954 (42 U.S.C. 2021); local governments; and 

other political subdivisions established by a State.
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2. The NRC, as authorized and directed by the Atomic Energy Act of 1954 (42 U.S.C. 

2011), will cooperate with the States in the formulation of standards for protection 

against hazards of radiation and to ensure that the Agreement State programs for 

protection against hazards of radiation will be adequate and compatible. Except 

where it is otherwise indicated, all objectives that apply to States apply to 

non-Agreement States and Agreement States. Actions for which the NRC may 

consult with, or seek the views of, States and national or regional organizations of 

States include, but are not limited to the following: licensing actions, major 

interagency agreements, rules and regulations, guides and standards, and major 

studies that (1) may have a significant impact on States or (2) involve the 

development of standards for protection against hazards of radiation.

B. Indian Tribes

1. The NRC published its Tribal Policy Statement in the Federal Register on 

January 9, 2017 (82 Federal Register (FR) 2402). The Tribal Policy Statement 

establishes policy principles to be followed by the NRC to promote effective 

government-to-government interactions with Indian Tribes and to encourage and 

facilitate Tribal involvement in the areas over which the NRC has jurisdiction.

1

Consistent with the Tribal Policy Statement, the NRC will provide appropriate, timely,

and meaningful consultation and coordination that begins as soon as practicable 

between the NRC and federally recognized Indian Tribes for NRC regulatory actions

that have substantial direct effects on one or more of these tribes, as well as those 

regulatory actions for which Tribal consultation is required under Federal law. 

Further, when the NRC receives a request from a Tribe to consult that goes beyond 

the scope of the consultations contemplated in the Tribal Policy Statement, the NRC 

will make a reasonable effort to grant the request, taking into consideration the 

nature of the activity at issue, past consultation efforts, available resources, timing 

issues, and other relevant factors. 

2. Consultation and coordination with federally recognized Indian Tribes may also 

include outreach to and interaction with relevant intertribal agencies and Indian Tribal 

organizations. Further, the NRC recognizes the distinction between Indian Tribes 

that are federally recognized, and those that are not. Consistent with the Tribal Policy 

Statement, the NRC will reach out to States to identify the appropriate Staterecognized Tribes to invite the Tribes to participate in its regulatory process, 

including opportunities related to rulemaking, licensing, and decommissioning.

 

1 The Tribal Policy Statement is not intended to, and does not, grant, expand, create, or diminish any rights, 

benefits, or trust responsibilities, substantive or procedural, enforceable at law or in equity in any cause of 

action by any party against the United States, the Commission, or any person. The Tribal Policy Statement 

does not alter, amend, repeal, interpret, or modify Tribal sovereignty or any treaty rights of any Indian Tribes, 

or preempt, modify, or limit the exercise of such rights. Nothing therein shall be interpreted as amending or 

changing the Commission’s regulations.
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C. Consultation and Coordination

1. This management directive (MD) addresses consultation and coordination with 

States, federally recognized Indian Tribes, other Federal agencies, interstate 

governmental agencies, and national or regional organizations of States. The NRC 

will seek the views of and ensure appropriate consultation and coordination as soon 

as practicable with these entities, and the NRC will consider Federal laws,

regulations, and treaties with Tribes when consulting or coordinating with Tribes. The 

NRC’s consultation and coordination will depend on the entity’s relationship to the 

United States and the particular circumstances of the activity at issue. Two examples 

of the NRC’s unique relationship with government entities are provided below.

(a) The NRC shares the Federal Government’s unique Trust Relationship with and 

Trust Responsibility to federally recognized Indian Tribes. Under the Federal 

Trust Doctrine, the United States—and the individual agencies of the Federal 

Government—owe a fiduciary duty to federally recognized Indian Tribes. As an 

independent regulatory agency that does not hold in trust Tribal lands or assets,

or provide services to federally recognized Tribes, the NRC fulfills its Trust 

Responsibility through implementation of principles of the Tribal Policy Statement 

(82 FR 2402; January 9, 2017), by providing protections under its implementing 

regulations, and through recognition of additional obligations consistent with 

other applicable treaties and statutory authorities.

(b) The NRC and the Agreement States are co-regulators for the National Materials 

Program. The NRC and the Agreement States cooperate to ensure that the NRC 

and Agreement State programs for protection against hazards of radiation are 

coordinated. Consequently, Agreement States may, in some instances, be 

treated differently than non-Agreement States. For example, the NRC will involve 

the Agreement States in regulatory efforts that affect facilities licensed by an 

Agreement State.

2. This MD addresses the general responsibilities for government-to-government 

consultation and coordination with governments and federally recognized Indian 

Tribes. It is not intended to exhaustively capture all consultation responsibilities other 

requirements for consultation and coordination may apply (such as consultation 

required under the National Historic Preservation Act (54 U.S.C. 300101) and the 

implementation of the National Environmental Policy Act (42 U.S.C. 4332)). 

References to Federal laws, Federal regulations, Executive Orders, NRC policy, 

NRC guidance, and NRC correspondence associated with the NRC’s policy or 

practice for consulting with States, federally recognized Indian Tribes, and other 

Federal agencies are provided in Section VII, “References,” of this directive.2

 

2 The NRC may have additional responsibilities to consult pursuant to Federal laws and Federal regulations that 

are not covered by this Management Directive.
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Additionally, the NRC may have signed agreements with these entities (e.g., 

programmatic agreements, memorandums of agreement) that include provisions for 

cooperation, consultation, training, information exchange, or observation of or 

participation in certain NRC activities, such as inspections.

3

3. The appropriate scope and extent of consultation may be influenced by case-specific 

considerations, including—

(a) The activity’s significance; 

(b) The activity’s effects on States and federally recognized Indian Tribes; 

(c) The degree that the activity could affect the relationship between the Federal 

government and States and federally recognized Indian Tribes;

(d) The activity’s potential to be disruptive to States and federally recognized Indian 

Tribes; 

(e) The activity’s cost to States and federally recognized Indian Tribes; 

(f) The extent that the activity is either broadly applicable to or disproportionately 

affects States and federally recognized Indian Tribes; 

(g) The amount of interest by States and federally recognized Indian Tribes, and 

whether the activity is controversial; and 

(h) Guidance provided in the agency’s Tribal Policy Statement.

II. OBJECTIVES

— Provide appropriate and meaningful consultation and coordination with States, federally 

recognized Indian Tribes, Federal agencies, and national or regional organizations of 

States occurs for the NRC’s consulting activities.

— Achieve a better understanding within the NRC of the interests of States, federally 

recognized Indian Tribes, and certain Federal agencies.

— Improve the understanding that States, federally recognized Indian Tribes, and Federal 

agencies have of the NRC's policies and procedures.

— Provide for appropriate cooperation with the States in the formulation of standards for

protection against hazards of radiation.

 

3 When the NRC discontinues its regulatory authority over certain radioactive materials in a State, the State 

becomes an Agreement State upon the effective date of the agreement. In these circumstances, the NRC may 

not be bound by some or all provisions of a programmatic agreement or memorandum of agreement because 

the NRC would no longer have the requisite authority to enter into or remain party to an agreement related to 

the regulation of materials now under the Agreement State’s jurisdiction.
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— Provide for early and substantial involvement of the Agreement States in rulemakings 

and other NRC regulatory efforts that affect facilities licensed by Agreement States.

— Incorporate the Tribal Policy Statement, organizational responsibilities arising from the 

Tribal Policy Statement, and associated delegations of authority, into this MD.

III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY

A. Chairman

As NRC’s official spokesperson, signs outgoing correspondence to State, Tribal, and 

Federal officials that involves major new policy questions and all correspondence to the 

President and Chairpersons of the NRC’s Congressional Oversight Committees. Such 

correspondence is reviewed and approved by the full Commission (see Section III.B.2 of 

this directive).

B. Commission

1. Resolves significant questions of policy related to the NRC's program of cooperation

and liaison with States, federally recognized Indian Tribes, and Federal agencies.

2. Reviews and approves outgoing correspondence to State, Tribal, and Federal 

officials that involves major new policy questions, and all correspondence to the 

President and Chairpersons of the NRC’s Congressional Oversight Committees.

C. Executive Director for Operations (EDO)

1. Presents significant questions of policy related to the NRC’s program of cooperation and 

liaison with States, federally recognized Indian Tribes, and Federal agencies to the 

Commission for resolution.

2. Delegates to the Deputy Executive Director for Materials, Waste, Research, State, 

Tribal, Compliance, Administration, and Human Capital Programs (DEDM) the following 

authority (see the delegation of authority in the Agencywide Documents and Access 

Management System (ADAMS) ML15357A341):

(a) Assist and act for the EDO in executing the EDO’s responsibilities related to Tribal 

issues and to serve as the point-of-contact in the OEDO on all Tribal issues.

(b) Act as the designated official for the NRC for consultation with federally recognized

Indian Tribes.

(c) Take action, as necessary, to ensure that the NRC implements the Tribal Policy

Statement and associated commitments.

(d) Take action, as necessary, to ensure that the NRC staff has considered the effects 

of regulatory actions with Tribal implications and to ensure that the Commission is 

fully informed about Tribal concerns for matters that require Commission

deliberation.
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(e) Take action, as necessary, to facilitate the NRC’s meaningful and timely consultation 

and coordination with federally recognized Indian Tribes on (1) the NRC’s 

regulatory actions that have substantial direct effects on one or more Indian Tribes,

(2) the NRC’s regulatory actions for which Tribal consultation is required under 

Federal law or Federal regulation, and (3) other matters requested by Tribal officials.

3. Delegates to the Director, Office of Nuclear Material Safety and Safeguards (NMSS), the

authority to (see the delegation of authority in ADAMS ML15321A170)—

(a) Plan and direct the NRC’s program of cooperation and liaison with States,

federally recognized Indian Tribes, Indian Tribes as defined in 25 U.S.C. 5304 

(formerly cited as 25 U.S.C. 450b), State-recognized Tribes, Indian Tribal 

organizations, intertribal agencies, local governments and other political 

subdivisions of a State; interstate governmental agencies, quasi-governmental 

agencies, and other Federal agencies and their national or regional

organizations.

(b) Take action, including consulting and coordinating, for activities in NMSS’s area of 

responsibility or as deemed necessary to maintain the NRC’s communications with 

States, federally recognized Indian Tribes, intertribal agencies, local governments 

and other political subdivisions of a State, interstate governmental agencies, quasigovernmental agencies, and other Federal agencies and their national or regional 

organizations.

(c) Provide policy and program guidance in order for NRC regional management to 

direct the regulatory activities of the NRC’s Regional State Liaison Officers.

(d) Identify and take action, as necessary, to conduct consultation and coordination with 

federally recognized Indian Tribes as well as to implement the Tribal Policy 

Statement and any associated commitments made by the NRC for activities in 

NMSS’s area of responsibility.

(e) Conduct consultation and coordination with States, local governments and other 

political subdivisions of a State, interstate governmental agencies, quasigovernmental agencies, and other Federal agencies and their national or regional 

organizations for activities in NMSS’s area of responsibility.

(f) Promote the visibility of the NRC at other Federal agencies and conduct liaison 

activities with other Federal agencies.

(g) Act as the NRC liaison to the Conference of Radiation Control Program Directors, 

Incorporated.

4. Delegates to office directors (apart from the Director, NMSS), and regional

administrators the authority to (see the delegation of authority in ADAMS 

ML15321A104)—

(a) Conduct consultation and coordination with States; local governments and other 

political subdivisions of a State; interstate governmental agencies; intertribal 
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agencies; quasi-governmental agencies; and other Federal agencies and their 

national or regional organizations for activities in the area of responsibility for each

position.

(b) Identify and take action, as necessary, to conduct consultation and coordination with 

federally recognized Indian Tribes and implement the Tribal Policy Statement and 

any associated commitments made by the NRC for activities in the area of 

responsibility for each position.

D. Deputy Executive Director for Materials, Waste, Research, State, Tribal, 

Compliance, Administration, and Human Capital Programs (DEDM)

1. Authorities delegated by the EDO (See Section III.C.2).

2. Ensures that the NRC staff makes efforts to grant requests for consultation from 

Tribal officials, after considering the nature of the request, past consultations, 

available resources, timing, and other factors.

3. Conducts outreach activities with federally recognized Indian Tribes on matters 

where the federally recognized Indian Tribes may have an interest.

4. Coordinates with NMSS on responses to requests for consultation or other 

requests received from Tribal officials, and provides direction to the Director,

NMSS, on Tribal liaison activities that are to be conducted by the NMSS Tribal 

liaisons.

E. General Counsel

1. Provides legal opinions and advice with respect to all of the NRC’s regulatory 

activities including, but not limited to, the interpretation and application of—

(a) The Atomic Energy Act of 1954 (42 U.S.C. 2011); 

(b) The Energy Reorganization Act of 1974 (42 U.S.C. 5844); 

(c) The Reorganization Plan No. 1 of 1980 (5 U.S.C. App.1); 

(d) The Administrative Procedure Act (5 U.S.C. 500 et seq.); 

(e) The National Environmental Policy Act (42 U.S.C. 4321); 

(f) The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10161); 

(g) The Federal Advisory Committee Act (5 U.S.C. App.2); and

(h) Other relevant Federal laws, regulations, case law, treaties, and NRC policies 

and activities involving consultation, coordination, liaison, or sharing sensitive 

information with States; federally recognized Indian Tribes; Federal agencies; 

local governments, and national or regional organizations of States.

2. Provides guidance on the legal obligations of the NRC arising from treaties with 

federally recognized Indian Tribes, Federal laws, and Federal regulations, and 
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Executive Orders and Executive Memoranda, consistent with the NRC’s Trust

Responsibility and the Tribal Policy Statement.

F. Director, Office of Nuclear Material Safety and Safeguards (NMSS)

1. Authorities delegated by the EDO (See Section III.C.3).

2. Coordinates proposed recommendations on policy matters that require Commission 

involvement and that relate to the NRC’s program of cooperation and liaison with States,

federally recognized Indian Tribes, and Federal agencies at the Commission level,

through the EDO, so that the Commission may review such policies.

3. Consults with the Office of the General Counsel (OGC) to ensure compliance with 

applicable treaties, laws, Executive Orders, and NRC policies related to the NRC’s 

program of cooperation and liaison with States, federally recognized Indian Tribes,

and Federal agencies.

4. Facilitates maintenance of working relationships with elected and appointed officials 

so that—

(a) The NRC can better understand the interests and concerns of States, federally 

recognized Indian Tribes, and Federal agencies; and 

(b) States, federally recognized Indian Tribes, and Federal agencies are informed of 

the NRC’s activities and policies.

5. Arranges meetings to resolve major differences when requested by State officials or 

officials of national or regional organizations of States or by NRC offices or regions.

6. Arranges meetings to resolve major differences with federally recognized Indian 

Tribes on consulting activities when requested by Tribal officials or by NRC offices or 

regions.

7. Provides recommendations and assistance to office directors and regional 

administrators on consultation and coordination with States, federally recognized

Indian Tribes, intertribal agencies, Indian Tribal organizations, and national or 

regional organizations of States.

8. Provides recommendations and assistance to office directors and regional 

administrators on coordination with Federal agencies.

9. Assists office directors and regional administrators in determining the appropriate 

means, level of interaction, and timing of actions involving the States, federally 

recognized Indian Tribes, Federal agencies, intertribal agencies, Indian Tribal 

organizations, and national or regional organizations of States; also assists with 

performing these actions.

10. Conducts Tribal liaison activities as directed by the DEDM.

11. Informs and educates the NRC staff about topics that could contribute to improving 

the consultation and coordination with federally recognized Indian Tribes, including: 
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the Federal Trust Responsibility, the Tribal Policy Statement, known issues of 

concern for specific federally recognized Indian Tribes, and cultural considerations 

for working with federally recognized Indian Tribes.

G. Director, Office of Nuclear Security and Incident Response (NSIR)

Consults and coordinates with Federal agencies when developing any contingency plans 

for dealing with threats, thefts, and sabotage related to special nuclear materials, highlevel radioactive waste, and nuclear facilities resulting from all activities licensed under 

the Atomic Energy Act of 1954.

H. Office Directors and Regional Administrators

1. Authorities delegated by the EDO (See Section III.C.4).

2. Address the views of States and inform the Commission of the views of States in 

decision documents that involve State issues.

3. Provide NMSS with early notice of activities that may require consultation or 

coordination assistance by NMSS.

4. Inform NMSS of policy and process issues associated with consultation and 

coordination with States, federally recognized Indian Tribes, and national or regional 

organizations of States.

5. Coordinate with NMSS Tribal Liaisons for assistance in identifying federally 

recognized Indian Tribes for which consultation or coordination for NRC licensing 

and regulatory activities should be sought, and in determining the appropriate 

means, level, and timing of involvement of federally recognized Indian Tribes, 

intertribal agencies, and Indian Tribal organizations for such activities.

6. Ensure that the NRC representative for consultation with representatives of Tribal 

governments has an appropriate rank and position, and to the extent possible can 

serve as agency decisionmaker, based on—

(a) The activity involved,

(b) The level of interaction,

(c) The established agenda, and 

(d) The rank of the Tribal officials participating in the meeting.

7. Coordinate with NMSS Tribal Liaisons for assistance in identifying State-recognized 

Indian Tribes, intertribal agencies, and Indian Tribal organizations that the staff may 

wish to conduct outreach to and coordinate with for NRC licensing and regulatory 

activities, and provide State-recognized Indian Tribes, intertribal agencies, and 

Indian Tribal organizations with opportunities to participate in such activities.
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8. Maintain working relationships with regional elected and appointed officials so that—

(a) The NRC can better understand the interests and concerns of States, federally 

recognized Indian Tribes, and Federal agencies; and

(b) States, federally recognized Indian Tribes, and Federal agencies are informed of 

the NRC’s activities and policies.

I. NMSS Tribal Liaisons

1. Implement NMSS’s responsibilities related to the NRC’s program of cooperation and 

liaison with federally recognized Indian Tribes.

2. Serve as the primary points-of-contact for federally recognized Indian Tribes. 

Separate from the government-to-government consultation activities described in this 

MD also serve as the point-of-contact for coordination with State-recognized Tribes, 

intertribal agencies, and Indian Tribal organizations.

3. Conduct Tribal liaison activities as directed by the DEDM.

4. When requested, assist NRC staff in identifying federally recognized Indian Tribes.

Separate from the government-to-government interactions described in this MD also 

assist NRC staff in identifying State-recognized Tribes, intertribal agencies, and 

Indian Tribal organizations that staff may wish to conduct outreach to or coordinate 

with for NRC licensing or regulatory activities. Assist the NRC staff in determining the 

appropriate means, level, and timing of involvement of federally recognized Indian

Tribes, State-recognized Tribes, intertribal agencies, and Indian Tribal organizations 

for such activities.

5. Inform and educate the NRC staff about topics that could contribute to improving the 

consultation and coordination with federally recognized Indian Tribes, including the 

following: the Federal Trust Responsibility, the Tribal Policy Statement, known issues

of concern for specific federally recognized Indian Tribes, and cultural considerations 

for working with federally recognized Indian Tribes.

6. Coordinate Tribal consultation, to the extent possible, with other Federal agencies.

J. Regional State Liaison Officers

1. Serve as the primary points-of-contact for States, regional offices of Federal 

agencies, and, as needed, local elected and appointed officials.

2. Conduct State liaison and outreach activities as directed by regional management.

3. Conduct liaison and outreach activities with federally recognized Indian Tribes as 

directed by regional management and in coordination with the NMSS Tribal Liaisons.

4. Inform and educate NRC staff about political, regulatory, and public interest issues 

within applicable States and local jurisdictions.
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K. Regional State Agreements Officers

1. Serve as the primary points-of-contact for Agreement State regulatory agencies.

2. Monitor and evaluate Agreement State regulatory programs in accordance with 

NMSS policies and procedures.

3. Conduct outreach and coordination with Agreement State regulatory agencies, as 

directed by regional divisional management and in coordination with NMSS.

IV. APPLICABILITY

The policy and guidance in this directive apply to all NRC staff.

V. DEFINITIONS

Agreement State

Any State with which the Commission or the Atomic Energy Commission has entered 

into an effective agreement under subsection 274b of the Atomic Energy Act.

Consulting Activities

Actions for which the NRC is required to consult and actions for which the NRC consults 

as a matter of policy.

Consultation

For States and other Federal agencies, consultation includes, but is not limited to, efforts 

through which the NRC confers with, seeks the views of, or arranges the opportunity for 

States and other Federal agencies to provide input to the NRC. These efforts may 

include, but are not limited to: 

• Timely communication;

• Circulating draft documents for comment, when appropriate;

• Issuing letters inviting comments or an expression of interest; 

• Participating in meetings or workshops; and 

• Issuing invitations to establish committees to work with the NRC on a specific 

program. 

For federally recognized Indian Tribes, consultation means the NRC’s efforts to conduct 

meaningful and timely discussions between the NRC and Tribal governments on the 

NRC’s regulatory actions that have substantial direct effects on one or more federally 

recognized Indian Tribes and those regulatory actions for which Tribal consultation is 

required under Federal law. The NRC’s Tribal consultation allows federally recognized

Indian Tribes the opportunity to provide input on regulatory actions with Tribal 

implications and in which Tribal consultation is required, and is different from the 
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outreach and public comment periods. The consultation process may include, but is not 

limited to, providing for mutually-agreed protocols, timely communication, coordination, 

cooperation, and collaboration. The consultation process provides opportunities for 

appropriate Tribal officials or representatives to meet with NRC management or staff to 

achieve a mutual understanding between the NRC and the federally recognized Indian 

Tribes of their respective interests and perspectives.

Coordination

Includes cooperating with and working collaboratively with States, federally recognized

Indian Tribes, and Federal agencies. Coordination includes, but is not limited to, the 

participation of States, federally recognized Indian Tribes, and Federal agencies (1) in 

meetings or workshops, (2) in the coordination of agency reviews, such as those 

required for the National Environmental Policy Act and the National Historic Preservation 

Act; and (3) on committees working with the NRC on a specific program. Coordination 

also includes taking independent or interdependent action towards a defined objective 

(e.g., the programs of cooperation for the control of radiation hazards associated with 

byproduct, source, and special nuclear materials and the orderly regulatory program 

development for the use and regulation of byproduct, source, and special nuclear 

materials).

Federal, State, and Tribal liaison program

Consists of the activities of NMSS, the NRC regions, and the Regional State Liaison 

Officers that enable the NRC to work in cooperation with Federal agencies, States, local 

governments, Federally recognized Indian Tribes, State-recognized Indian Tribes, quasigovernmental agencies, intertribal agencies, Indian Tribal organizations, interstate 

governmental agencies, and national or regional organizations of States. The program 

ensures that the NRC maintains effective relations and communications with these 

entities and to promote greater awareness and mutual understanding of the policies, 

activities, and concerns of all parties as they relate to radiological safety at NRClicensed facilities. The program also includes the efforts to maintain communication with 

State Liaison Officers and maintain effective communication at the policy level between 

the NRC and other Federal agencies.

Indian Tribe

An Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the 

Secretary of the Interior acknowledges to exist as an Indian Tribe under the Indian Tribe 

List Act of 1994, 25 U.S.C. 5130 (formerly cited as 25 U.S.C. 479a).

Indian Tribal organization

Includes national or regional organizations of federally recognized Indian Tribes or their 

representatives.
MD 5.1 CONSULTATION AND COORDINATION WITH 

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Date Approved: 7/6/2020

For the latest version of any NRC directive or handbook, see the online MD Catalog. 14

Interstate governmental agency

An agency of two or more States established by or under an agreement or compact 

approved by the Congress, or any other agency of two or more States having substantial 

powers or duties relevant to NRC licensing or regulatory activities.

Intertribal agency

An agency established by two or more federally recognized Indian Tribes that is 

authorized by the governing bodies of those Indian Tribes to consult with the NRC on 

regulatory actions with Tribal implications.

National Materials Program

The broad collective framework within which both the NRC and the Agreement States 

function in carrying out their respective radiation safety regulatory programs. The 

framework also includes the Organization of Agreement States and the Conference of 

Radiation Control Program Directors, Incorporated.

National or regional organizations of States

Includes national or regional organizations of States, local governments, or Federal 

agencies whose primary membership includes State governments; local governments; 

agencies of State governments, or local governments; Federal agencies; other political 

subdivisions established by a State; interstate governmental agencies; 

quasi-governmental agencies established by a State government or a State constitution; 

or their representatives.

NMSS Tribal liaisons

NRC staff that serve as the primary points-of-contact for federally recognized Indian 

Tribes. Separate from their involvement with government-to-government activities 

described in this MD; NMSS Tribal liaisons also serve as the primary points-of-contacts 

for State-recognized Indian Tribes, intertribal agencies, and Indian Tribal organizations.

Outreach

NRC staff efforts to inform Federal agencies, States, local governments, federally 

recognized Indian Tribes, State-recognized Indian Tribes, quasi-governmental agencies, 

intertribal agencies, Indian Tribal organizations, interstate governmental agencies, and 

national or regional organizations of States about the agency’s actions and plans. 

Outreach includes sharing information and encouraging the communication of concerns 

and interests to the NRC staff.

Program of cooperation and liaison with States, Indian Tribes, and Federal agencies

Refers to the collective efforts of the NRC staff to consult, conduct outreach, coordinate, 

cooperate, and collaborate with Federal agencies, States, local governments, federally 

recognized Indian Tribes, State-recognized Indian Tribes, quasi-governmental agencies, 
MD 5.1 CONSULTATION AND COORDINATION WITH 

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Federal agencies, intertribal agencies, Indian Tribal organizations, interstate 

governmental agencies, and national or regional organizations of States. It includes 1) 

the programs of cooperation for the control of radiation hazards associated with 

byproduct, source, and special nuclear materials; 2) the orderly regulatory program 

development for the use and regulation of byproduct, source, and special nuclear 

materials; and 3) programs where there are shared intergovernmental responsibilities or 

administration. It also includes the participation of State governments and federally 

recognized Indian Tribes in NRC license reviews.

Regional State Agreements Officers

NRC regional staff that serve as the primary points-of-contact for Agreement State 

regulatory agencies.

Regional State Liaison Officers

NRC staff that serve as the primary points-of-contact for States, regional offices of 

Federal agencies, and, as needed, local elected and appointed officials.

Regulatory actions with Tribal implication

Regulations, proposed legislation, legislative comments, and other policy statements or 

actions that have substantial direct effects on one or more federally recognized Indian 

Tribes, on the relationship between the Federal Government and federally recognized

Indian Tribes, or on the distribution of power and responsibilities between the Federal 

Government and federally recognized Indian Tribes.

State

Includes the State government for any State, as defined in Section 274n of the Atomic 

Energy Act of 1954 (42 U.S.C. 2021); local governments; and other political subdivisions 

established by a State.

State-recognized Indian Tribe

Any Tribe, band, nation, village, or community of Indians that (1) the Secretary of the 

Interior has not acknowledged to exist as an Indian Tribe, pursuant to the Federally

Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130 (formerly cited as 25 U.S.C. 

479a), and (2) either has been recognized as an Indian Tribe by any State or has been 

determined by any State to be eligible for State services and State funding for which 

Tribal organizations may apply.

Tribal official

An elected, appointed, or designated official or employee of a federally recognized

Indian Tribe or authorized intertribal organization.
MD 5.1 CONSULTATION AND COORDINATION WITH 

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For the latest version of any NRC directive or handbook, see the online MD Catalog. 16

Tribal Policy Statement

The Commission’s statement of policy (82 FR 2402; January 9, 2017) that sets forth 

principles to be followed by the NRC staff to promote effective government-togovernment interactions with American Indian and Alaska Native Tribes and to 

encourage and facilitate Tribal involvement in the areas over which the Commission has 

jurisdiction.

Trust Responsibility

A fiduciary duty, on the part of the United States to protect Tribal treaty rights, lands, 

assets, and resources, as well as a duty to carry out the mandates of Federal law with 

respect to Indian Tribes. The NRC exercises its Trust Responsibility in the context of its 

authorizing laws, which include the Atomic Energy Act of 1954, the Energy 

Reorganization Act of 1974, the Nuclear Waste Policy Act of 1982, the Low-Level 

Radioactive Waste Policy Act of 1985, and the Uranium Mill Tailings Radiation Control 

Act of 1978. As an independent regulatory agency that does not hold in trust Tribal lands 

or assets, or provide services to federally recognized Tribes, the NRC fulfills its Trust 

Responsibility through implementation of the principles of the Tribal Policy Statement, by 

providing protections under its implementing regulations and through recognition of 

additional obligations consistent with other applicable treaties and statutory authorities.

VI. DIRECTIVE HANDBOOK

Directive Handbook 5.1 is eliminated because it was determined to be unnecessary 

because it was limited to excerpts of public laws. The reference section of MD 5.1 includes 

the Federal laws from which the excerpts were taken and adds additional references that 

indicate where consultation and coordination with States, Federally recognized Indian 

Tribes, and Federal agencies are required.

VII. REFERENCES

Code of Federal Regulations

10 CFR, Part 2, “Agency Rules of Practice and Procedure.”

10 CFR, Part 20, “Standards for Protection Against Radiation.”

10 CFR, Part 30, “Rules of General Applicability to Domestic Licensing of Byproduct 

Material.”

10 CFR, Part 40, “Domestic Licensing of Source Material.”

10 CFR, Part 50, “Domestic Licensing of Production and Utilization Facilities.”

10 CFR, Part 51, “Environmental Protection Regulations for Domestic Licensing and 

Related Regulatory Functions.”

10 CFR, Part 60, “Disposal of High-Level Radioactive Wastes in Geologic Repositories.” 
MD 5.1 CONSULTATION AND COORDINATION WITH 

GOVERNMENTS AND INDIAN TRIBES

Date Approved: 7/6/2020

For the latest version of any NRC directive or handbook, see the online MD Catalog. 17

10 CFR, Part 61, “Licensing Requirements for Land Disposal of Radioactive Waste.”

10 CFR, Part 63, “Disposal of High-Level Radioactive Wastes in a Geologic Repository 

at Yucca Mountain.”

10 CFR, Part 72, “Licensing Requirements for the Independent Storage of Spent 

Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class 

C Waste.”

36 CFR, Part 800, “Protection of Historic Properties.”

41 CFR, Part 102-3, “Federal Management Regulation.”

Executive Orders

Executive Order 12866, “Regulatory Planning and Review,” dated September 30, 1993

(58 FR 51735).

Executive Order 13132, “Federalism,” dated August 4, 1999 (64 FR 43255).

Executive Order 13175, “Consultation and Coordination with Indian Tribal 

Governments,” dated November 6, 2000 (65 FR 67249).

Presidential Guidance

“Government-to-Government Relations with Native American Tribal Governments,” 

Memorandum from William J. Clinton, President, to the Heads of Executive Departments 

and Agencies, April 29, 1994.

Federal Register Documents

“Agreement State Program Policy Statement,” 82 FR 46840 (October 6, 2017), available 

at https://www.nrc.gov/docs/ML1726/ML17262B205.pdf.

“Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority 

and Assumption Thereof by States Through Agreement,” 46 FR 7540 (January 23, 

1981), as amended by policy statements published at 46 FR 36969, July 16, 1981, and 

48 FR 33376 (July 21, 1983), available at https://www.nrc.gov/reading-rm/doccollections/commission/policy/48fr33376.pdf.

Statement of Policy on “Cooperation with States at Commercial Nuclear Power Plants 

and Other Nuclear Production or Utilization Facilities,” 57 FR 6462 (February 25, 1992), 

available at https://www.nrc.gov/reading-rm/doccollections/commission/policy/57fr6462.pdf. 

“Tribal Policy Statement,” 82 FR 2402 (January 9, 2017).

Nuclear Regulatory Commission

AD-200, “Format for STC and RCPD Letters,” December 23, 2014 (ML14352A335).

AD-800, “Communications Between FSME/Regional Offices and the Agreement States,” 

October 15, 2009 (ML092860355).
MD 5.1 CONSULTATION AND COORDINATION WITH 

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Date Approved: 7/6/2020

For the latest version of any NRC directive or handbook, see the online MD Catalog. 18

COMIS-91-005, “Reorganization of the Office of Governmental and Public Affairs,” 

Memorandum from Ivan Selin, Chairman, to James M. Taylor, Executive Director for 

Operations, and Harold R. Denton, Director of Office of Governmental and Public Affairs, 

October 23, 1991 (ML051800034).

COMKC-91-007, “Improving Cooperation with Agreement States,” Memorandum from 

Samuel J. Chilk, Secretary, to James M. Taylor, Executive Director for Operations, and 

Harold R. Denton, Director, Office of Governmental and Public Affairs, April 11, 1991 

(ML010100091).

COMSECY-06-0046, “Recommendation on Establishing a Single, Visible, High-Level 

Point of Contact in the Office of the Executive Director for Operations for the Tribes,” 

Memorandum from Luis Reyes, Executive Director for Operations, to Chairman Klein, 

Commissioner McGaffigan, Commissioner Merrifield, Commissioner Jaczko, and 

Commissioner Lyons, September 29, 2006 (ML062690156).

Internal Commission Procedures, 

https://www.nrc.gov/about-nrc/policy-making/internal.html.

Letter to Leon E. Panetta, Director, Office of Management and Budget, from Ivan Selin, 

Chairman, NRC, November 17, 1993 (ML17068A047).

Letter to Mitchell E. Daniels, Jr., Director, Office of Management and Budget, from Paul 

H. Lohaus, Director, Office of State and Tribal Programs, NRC, February 1, 2001 

(ML010370444).

Letter to Peter Orszag, Director, Office of Management and Budget, from Gregory B. 

Jaczko, Chairman, NRC, March 10, 2010 (ML093620067).

Letter to Robert G. Damus, Esq., General Counsel, Office of Management and Budget, 

from Karen D. Cyr, General Counsel, NRC, September 7, 1999 (ML003672643).

Letter to Rosalyn Rettman, Esq., Acting General Counsel, Office of Management and 

Budget, from Karen D. Cyr, General Counsel, NRC, January 26, 2001 (ML010260297).

Management Directives—

5.2, “Cooperation with States at Commercial Nuclear Power Plants and Other 

Nuclear Production or Utilizations Facilities.”

5.3, “Agreement State Participation in Working Groups.”

5.6, “Integrated Materials Performance Evaluation Program (IMPEP).”

5.7, “Technical Assistance to Agreement States.”

5.8, “Proposed Section 274b Agreements with States.”

5.9, “Adequacy and Compatibility of Program Elements for Agreement State 

Programs.”

6.3, “The Rulemaking Process.”
MD 5.1 CONSULTATION AND COORDINATION WITH 

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For the latest version of any NRC directive or handbook, see the online MD Catalog. 19

9.17, “Organization and Functions, Office of the Executive Director for Operations.”

9.26, “Organization and Functions, Office of Nuclear Material Safety and 

Safeguards.”

Memorandum to Chairman Meserve, NRC, from Karen D. Cyr, General Counsel, 

“Executive Order No. 13132, ‘Federalism,’” December 27, 1999 (ML003672638).

Memorandum to Frederick D. Brown, Director for Materials, Waste, Research, State, 

Tribal, Compliance, Administration, and Human Capital Programs, from Victor M. 

McCree, “Delegation of Authority to Act as the Point of Contact for the U.S. Nuclear 

Regulatory Commission and the Office of the Executive Director for Operations on Tribal 

Issues and Designated Official for Tribal Consultation,” June 7, 2017 (ML15357A341).

Memorandum to Marc L. Dapas, Director, NMSS, from Victor M. McCree, “Delegation of 

Authority to Direct the U.S. Nuclear Regulatory Commission’s Liaison Program with 

States, Tribes, Local Governments, and Other Federal Agencies and to Conduct 

Intergovernmental Consultation and Coordination,” May 31, 2017 (ML15321A170).

Memorandum to Those on the Attached List, from Victor M. McCree, “Delegation of 

Authority to Conduct Intergovernmental Consultation and Coordination,” June 6, 2017 

(ML15321A104).

NUREG-2173, Revision 1, “Tribal Protocol Manual: Guidance for NRC Staff,” 

August 2017 (ML17193A424).

OIG-18-A-10, “Audit of NRC’s Consultation Practices With Federally Recognized Native 

American Tribal Governments,” April 4, 2018 (ML18094A267).

SA-10, “Joint Oversight of the National Materials Program,” May 23, 2019 

(ML19123A085).

SA-800, “Providing NRC Predecisional Documents to Agreement States, Organization of 

Agreement States, Inc., and Appropriate Working Groups of the Conference of Radiation 

Control Program Directors, Inc.,” April 25, 2007 (ML080590676).

SA-801, “Agreement State Participation in NRC Working Groups,” November 8, 2016. 

(ML16312A392).

SA-801A, “Agreement State Participation in Rulemaking Working Groups,” 

January 16, 2019 (ML18263A239).

SA-1101, “Monthly U.S. Nuclear Regulatory Commission, Organization of Agreement 

States, and Conference of Radiation Control Program Directors, Inc. Teleconference,” 

September 4, 2013 (ML13235A089).

SL-100, “Regional State Liaison Officers (RSLOs),” July 14, 2010 (ML101810461).

SECY-96-187, “Policy Issues Raised in Meeting with Prairie Island Indian 

Representatives,” November 13, 1996 (ML16293A154).
MD 5.1 CONSULTATION AND COORDINATION WITH 

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TR-100, “Tribal Liaison Roles and Responsibilities,” December 19, 2018 

(ML18275A329).

United States Code

Administrative Procedure Act (5 U.S.C. 500 et seq.).

Atomic Energy Act of 1954, Section 161 (Pub. L. 83-103) (42 U.S.C. 2201).

Atomic Energy Act of 1954, Section 188 (Pub. L. 83-103) (42 U.S.C. 2238).

Atomic Energy Act of 1954, Section 274 (Pub. L. 83-703) (42 U.S.C. 2011 et seq.).

Consolidated Appropriations Act, 2004, Div. H, (Pub. L. 108-199) (118 Stat. 452), as 

amended by Consolidated Appropriations Act, 2005, Div. H, Title V, Section 518 (Pub. L. 

108-447) (118 Stat. 3267) (25 U.S.C. 5301, formerly cited as 25 U.S.C. 450).

Federal Advisory Committee Act (FACA) (Pub. L. 92-463) (5 U.S.C. App. 2).

Federally Recognized Indian Tribe List Act of 1994 (Pub. L. 103-454) (25 U.S.C. 5130 et 

seq., formerly cited as 25 U.S.C. 479a et seq.).

Energy Policy Act of 2005, Pub. L. 109-58.

Energy Reorganization Act of 1974, Section 204 (Pub. L. 93-438) (42 U.S.C. 5844).

Low-Level Radioactive Waste Policy Act of 1985 (Pub. L. 99-240) (42 U.S.C. 2021b et 

seq.).

National Environmental Policy Act of 1969, Section 102 (Pub. L. 91-190) (42 U.S.C. 

4332).

National Historic Preservation Act, Subtitle III, Division A, “Historic Preservation” in Title

54 of the United States Code (54 U.S.C. 300101 et seq.).

Nuclear Waste Policy Act of 1982, Section 117(a) (Pub. L. 97-425) (42 U.S.C. 10101 et 

seq.).

Nuclear Waste Policy Act of 1982, Section 141(h) (Pub. L. 97-425) (42 U.S.C. 10161).

Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Section 

3116 (50 U.S.C. 2602 note).

Uranium Mill Tailings Radiation Control Act of 1978 (Pub. L. 95-604) (42 U.S.C. 7901 et 

seq.).