Tribal Protocol Manual

Ab s trac t

The U.S. Nuclear Regulatory Commission’s (NRC’s) Tribal Protocol Manual 

provides guidance to foster effective interaction between NRC staff and tribal 

governments and instructional background information to NRC staff on the 

historic relationship between the Federal government and Native Americans.

Draf t

I ntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

C hapter 1. Historical Perspective O n U. S. And Tribal Relations . . . 3

Section 1.A.: Shaping The Relationship Between Tribes And The Federal Government . . . . . 3

Section 1.B.: “Government-To-Government”—What Does It Mean? . . . . . . . . . . 5 

Section 1.C.: Federal Government’s Trust Responsibility To Tribes . . . . . . . . . . . 6

Section 1.D.: NRC’s Case-By-Case Approach To Interactions With Native American Tribes . . . 7

C hapter 2: Guidance O n Tribal Protocols And I nteractions . . . . . 1 0

Section 2.A.: Differences In Tribal And Non-Native American Cultures . . . . . . . . . 10

Section 2.B.: The Meaning Of Tribal Consultation . . . . . . . . . . . . . . . . 10 

Section 2.C.: Protecting Tribal Lands . . . . . . . . . . . . . . . . . . . . .11 

Section 2.D.: Generic Guide To Arranging Meetings With Tribal Representatives . . . . . . 11

Section 2.E.: Tribal Meeting Etiquette . . . . . . . . . . . . . . . . . . . . . 13

Section 2.F.: Reservation Etiquette . . . . . . . . . . . . . . . . . . . . . . 14 

Section 2.G.: Recommended Behaviors And Other Communication Considerations . . . . . 14

C hapter 3. NRC ’s Tribal C ontacts: Reference Tools . . . . . . . . . 16

Section 3.A.: Nrc’s Tribal Liaison Point Of Contact . . . . . . . . . . . . . . . 16 

Section 3.B: Federal Agency Tribal Website Links . . . . . . . . . . . . . . . . .17 

Section 3.C: Tribes Located Within A Fifty Mile Radius Of Nuclear Plants . . . . . . . . 18

Section 3. D: Instructional Guide To NRC’s FSME Phone Book 

 (State Contact Database Containing Tribal Listings) . . . . . . . . . . . . . . .19

Section 3. E: Miscellaneous Tribal Information . . . . . . . . . . . . . . . . . .19

Table of C o n t e n t s

Guidance for NRC E mployees—D RAF T 1

The Tribal Protocol Manual is a reference tool, produced 

as a result of information collected from multiple sources 

including interviews with NRC staff and management 

with tribal experience, interviews with personnel at other 

Federal agencies with established tribal outreach and 

communication programs and interviews with tribal 

representatives. NRC management and staff can use this 

manual to develop and maintain government-to-government 

relationships with tribal governments affected by NRC 

activities. The authors of this manual acknowledge that 

NRC staff have a wide breadth of experience working 

with Native American Tribes. This manual is intended 

to supplement that experience and will be particularly 

useful to those NRC staff who have had only limited 

interactions with Native American Tribes.

In this manual, various names are used when describing 

Native American peoples. As a point of reference, in a 

speech, given November 5, 2009, before roughly 400 

Federally recognized tribes, President Obama 

addressed his audience using such terms as “Native 

Americans,” “First Americans,” “Tribal Nations,” and 

“Alaska Natives.1

” In President Clinton’s November 6, 

2000 Executive Order 131752, the terminology 

“Indian Tribe” and “Tribal officials” is utilized. The 

Department of the Interior, Bureau of Indian Affairs, uses 

the term “American Indian,” while the National 

Congress of American Indians prefers “Native American.” 

Accordingly, there is no official determination of the 

proper vernacular to be used by staff in its communication with, and its reporting about, Federally recognized 

tribes and tribal governments.

Some Native American nations and tribes have a 

regulatory relationship with the NRC; i.e., they are NRC 

licensees. This manual is not intended to recommend or 

suggest that the NRC adopt a regulatory relationship 

with license holding Native American nations or tribes 

that is different from relationships conducted with other 

NRC licensees.

One of the more important messages to take away 

from this manual is that tribes are unique governmental 

entities and are not extensions of State or local 

governments. Each of the 566 Federally-recognized 

tribes is a sovereign nation and has its own customs, 

cultures, concerns, interests and needs. NRC’s Tribal 

Protocol Manual is intended to help NRC staff in recognizing these distinctions and creating a more open and 

productive working relationship between NRC staff 

and Native American tribes in their government-togovernment interactions. 

IN T RO D UC T ION

1. http://www.whitehouse.gov/the-press-office/remarks-president-during-opening-tribal-nations-conference-interactive-discussion-w

2. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr09no00-167.pdf
2 NRC Tribal Protocol Manual—D RAF T
Guidance for NRC E mployees—D RAF T 3

S e c t ion 1.A

Shaping The Relationship Between 

Tribes And The Federal Government

The relationship that exists today between the Federal 

Government and Native American tribes developed over 

hundreds of years. It spans the arrival of Europeans in the 

15th and 16th centuries, evolved through the American 

Revolution and the War of 1812, and continues through 

various eras defined by Federal actions, legal decisions by 

the courts, wars, and other watershed events throughout 

the 19th and 20th centuries. This complicated relationship evolved as the Federal government enacted treaties, 

laws and policies to clarify the relationship between the 

Federal government and the various Indian nations, often 

reflecting the national interests of particular time periods. 

The following chronology is intended to trace at least 

seven distinct eras, as viewed by historians, of the United 

States and Native American relations. These are:

◗ Treaties (1608-1870)

◗ Removal (1830-1850)

◗ Reservations (1850-1871)

◗ Assimilation (1871-1928)

◗ Reorganization (1928-1942)

◗ Termination (1943-1968)

◗ Self-Determination (1968-present)

This outline provides a framework to discuss the 

evolving relationship between Native American tribes 

and the Federal government, and identifies important 

events that have shaped this centuries-old relationship.

Treaties (1608-1870). A treaty is a formal, 

written contract that spells out the terms of an agreement between two sovereign nations. Treaties were the 

legal instrument of choice of the British and Colonial 

governments that defined United States-Indian relations. Between 1607 and 1776, at least 175 treaties 

were signed with the British and colonial governments. 

The United States Constitution included a provision 

that implied Federal authority over the conduct of 

Indian relations. Thereafter, the Federal government— 

not State governments—was empowered to deal 

directly with Indian nations. From 1787 to 1868, 371 

treaties were ratified by the United States government. 

While treaty provisions varied widely, it was common 

to include a guarantee of peace, a clarification of 

boundaries and an understanding of any specific lands 

ceded to the Federal government, a guarantee of Indian 

hunting and fishing rights (sometimes on ceded lands), 

a statement that the tribe recognized the authority or 

protection of the United States government, and an 

agreement about trade regulation and travel of nonIndians in Indian territory. As a result of a treaty, many 

Native American populations were required to move 

from their historic land.

Five examples of historically significant treaties include:

1778 - Treaty with the Delaware Indians. While 

this predates the U.S. Constitution, this treaty is 

generally considered to be the first official treaty 

between the United States and an American tribe. 

The treaty memorialized the parties’ agreement to 

grant forgiveness of all previous offenses and hostilities, perpetual friendship, allegiance by the Delaware 

during time of war, and free passage for United States 

troops through Delaware lands. In exchange, the 

Federal government promised “articles of clothing, 

utensils and implements of war,” and to build a fort 

in Delaware country “for the better security of the 

old men, women and children, whilst their warriors 

are engaged against the common enemy.” The treaty 

also recognized the Delawares as a sovereign nation 

and guaranteed their territorial rights.

1795 - The Treaty of Greenville. This treaty marked 

the end of an undeclared and multi-tribal war begun 

in the late 1770s and led by the Shawnees who fought 

to resist American expansion into Ohio. In 1795, 

over a thousand Indian delegates ceded two-thirds of 

present-day Ohio, part of Indiana, and the sites where 

the modern cities of Detroit, Toledo, and Chicago 

are currently situated. The tribes, in return, were 

promised a permanent boundary between their lands 

and American territory. 

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Historical Perspective On U.S. And Tribal Relations
4 NRC Tribal Protocol Manual—D RAF T

1810 – Treaty of Fort Wayne. This treaty contained 

the Delawares, Potawatomi, Miami, and Eel River 

Miami nations’ agreement to cede 3 million acres 

of their land along the Wabash River to the United 

States. 

1814 – Treaty of Fort Jackson. This treaty followed 

the Creek War. The Creeks agreed to cede 23 

million acres (or two-thirds of their tribal lands), 

which represents half of present day Alabama and 

part of southern Georgia. This was the single largest 

cession of territory ever made in the southeast. 

1835 – Treaty of New Echota (Georgia). This treaty 

established terms under which the entire Cherokee 

Nation was expected to move to westward Indian 

Territories. Although it was not approved by the 

Cherokee National Council, it was ratified by the 

U.S. Senate and became the legal basis for the 

forcible removal known as the “Trail of Tears.” 

Removal (1830-1850) The Indian Removal Act 

was passed by Congress in 1830. Its passage created an 

official policy removing Southeastern tribes from their 

lands. Removal was considered necessary by the United 

States government because great tracts of southeastern 

land were essential for expansion. Members of the 

Chickasaw, Choctaw, Creek, Seminole and Cherokee 

tribes living in the South, were ordered to move to the 

Oklahoma territory. The Indian Removal Act provided 

funds for the government to facilitate removal. President 

Andrew Jackson, the 7th United States President and a 

staunch advocate of Indian Removal policy, was the first 

United States President to implement removal of Native 

Americans. With the passage of the Indian Removal Act 

of 1830, the Choctaw were the first to be removed in 

1831, and they became the model for all other removals. After the Choctaw, the Seminole were removed in 

1832, the Creek in 1834, the Chickasaw in 1837, and 

finally the Cherokee in 1838. The Cherokee called this 

journey the “Trail of Tears,” because of its devastating 

effects: Many Native Americans suffered from exposure, 

disease, and starvation while en route to their destinations, and 4,000 of the 15,000 relocated Cherokee died 

on their way west to Oklahoma.

Reservations (1850-1871) Reservations were 

parcels of land, often sections of Indian land that had 

previously been reserved by tribes themselves during 

treaty signing and removal actions that were then 

allocated to the tribes for habitation. In 1851, Congress 

signed the Indian Appropriations Act, which allocated 

Federal money to move tribes onto reservations.

Assimilation (1871-1928) The Federal 

government dramatically changed its policy towards 

Native Americans to encourage their assimilation into 

“mainstream” American society. This effort was facilitated 

by passage of the Dawes Act of 1887, which provided 

for the granting of landholdings to individual Native 

Americans, replacing communal tribal holdings, and thus 

subdividing reservations into smaller parcels for farming 

(160 acres for families and 80 acres for single parties). 

The Dawes Act sought to break up the Indian tribes and 

their reservations, providing each Indian family a plot 

of land for farming. As a result, the Federal government 

no longer dealt with Native American tribes as sovereign nations. Other policies included removing Native 

American children from their families and educating 

them in government run boarding schools. The Federally 

run schools forbid Native American language, customs, 

religious ceremonies and family visits. 

The Assimilation era ended after the “Meriam Report” 

of 1928 (entitled The Problem of Indian Administration) 

investigated the living conditions on Indian reservations 

in 26 States and concluded the assimilation policy 

was a failure. The report, which found that conditions 

on the reservations could no longer be ignored by 

Congress, led to the implementation of new Federal 

policies governing the Federal government’s relationship 

with Native Americans.

Reorganization (1928-1942) Congress 

implemented a new covenant with Native Americans 

through passage of the Indian Reorganization Act (also 

known as the “Wheeler-Howard Act”) of 1934. The Act 

worked to implement reforms springing directly from 

the “Meriam Report.” The Act called for conservation 

and development of tribal lands and resources, the 

right of tribes to establish businesses and other orgaC H A P T ER 1 

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Guidance for NRC E mployees—D RAF T 5

nizations, to establish a tribal credit system, to grant 

certain rights of home rule to tribes and to provide 

vocational education and training to tribes. The 

Indian Reorganization Act was the basis for later 

tribal legislation and is considered a cornerstone for 

achieving independence and self-determination by 

Native American tribes.

Termination (1943-1968) This policy dismantled 

tribal governments and took the official government 

position that Native Americans were subject to 

the same laws as applied to all American citizens. 

Under House Concurrent Resolution 108, the trust 

relationship with many Indian tribes was terminated. 

Terminated tribes were then subject to State laws and 

their lands were sold to non-Indians. Termination 

severed the government-to-government policy that had 

been and in effect, and reversed many of the reforms 

that had been implemented during Reorganization. 

Termination greatly undermined the trust relationship 

between the Federal government and Native Americans.

Self-Determination (1968-present) President 

Richard Nixon stressed the importance of Tribal self rule 

after the failure of the Termination policy. During his 

July 8, 1970 “Special Message on Indian Affairs” speech, 

President Nixon stated that any and all U.S. policies 

concerning Indians should serve “to strengthen the Indian 

sense of autonomy without threatening his community.” 

The trust relationship between Native Americans and the 

United States government was reaffirmed and financial 

support for tribes guaranteed. The passage of the 1975 

“Indian Self-Determination Act” was a milestone 

moment in U.S. Indian relations. The Act allowed 

Indians the power to contract with the government on 

their own and it also allowed tribes to determine how 

Federal monies were to be spent on Indian matters.

Today, Native American tribes are achieving greater 

assertion of their sovereign rights and experiencing greater 

political and economic potential through tribal selfdetermination. Much of this has occurred through heightened tribal cultural awareness, cultural assertiveness and 

supportive Federal Executive Orders and Court rulings.

SEC T ION 1. B

Government-To-Government —

What Does It Mean?

The U.S. Federal government has unique legal and 

political relationships with Native American tribes that 

stem from Article I of the United States Constitution 

and are reinforced by Federal treaties, judicial decisions, 

executive orders and Federal statutes. The U.S. government 

recognizes tribes as sovereign nations, which refers to the 

inherent authority of indigenous tribes to govern themselves. 

Absent Congressional action, tribes retain the inherent right 

to self-government; with only certain exceptions, no state 

may impose its laws on tribal reservation lands. The Federal 

government recognizes tribal sovereignty and demonstrates 

a commitment to government-to-government relations 

with Federally-recognized Native American tribes. 

The relationship between NRC staff and Native American 

tribes, particularly with members of tribal governments, 

should follow this government-to-government protocol. 

Federal government representatives should not view tribal 

governments as special interest groups, “stakeholders,” 

members of the general public, or offshoots of State and 

local government. 

Initiating Dialogue With Native 

American Tribes

Before contacting tribal representatives, NRC staff should 

determine at what level of tribal government they wish to 

engage in dialogue. Often, initial “formal” contact should 

be made by an NRC employee in a leadership position, 

such as Director or Deputy Director of a Division. 

The NRC staff who interact with tribal governments 

should make contact and establish relationships with tribal 

members who hold similar levels of authority. Thus, NRC 

management-level personnel, not staff-level personnel, 

should establish communications with tribal leaders and 

tribal council members. Staff-level personnel may initiate 

such requests on behalf of their NRC management or in 

preparation for preliminary meetings or information 

sharing with a member of NRC management. After 
6 NRC Tribal Protocol Manual—D RAF T

becoming more acquainted with a tribe and tribal contacts, 

individual staff relationships may influence the expectations 

of both parties beyond the guidance provided here.

SEC T ION 1. C

Federal Government’s Trust 

Responsibility To Tribes 

In Seminole Nation v. United States (1942), the Supreme 

Court noted that the Federal government is, “charged 

with moral obligations of the highest responsibility and 

trust.3

” The Federal government has a trust responsibility to Federally-recognized tribes. Essentially, the Federal 

government acts as a trustee while the tribes serve as 

beneficiaries. The trust responsibility applies to all 

executive departments and Federal agencies that deal with 

Native Americans, including the NRC. In general, the 

trust responsibility establishes fiduciary obligations to the 

tribes, including duties to protect tribal lands and cultural 

and natural resources for the benefit of tribes and 

individual tribal members/land owners. However, the NRC 

exercises its fiduciary duty in the context of its governing 

statutes (i.e., Atomic Energy Act and National Environmental Policy Act) and implements any fiduciary responsibility through assuring that tribal members receive the 

same protections from our implementing regulations that 

are available to other persons. 

Executive Orders and Presidential Memorandums dating back to President Richard Nixon’s “Special Message 

on Indian Affairs” in 1970 have addressed legislative and 

policy-making implications in regard to the American 

Indian community.4 

In November of 2000, President Clinton sought, “...to 

establish regular and meaningful consultation and 

collaboration with tribal officials in the development 

of Federal policies that have Tribal implications, to 

strengthen the United States government-to-government 

relationships with Indian tribes, and to reduce the 

imposition of unfunded mandates upon Indian tribes” 

by issuing Executive Order 13175: Consultation and 

Coordination with Indian Tribal Governments.5

 The 

Order sets forth the fundamental principles along 

with policymaking criteria that agencies should 

adhere to when forming and implementing policies 

with tribal implications.

According to Executive Order 13175, agencies shall 

be guided by the unique trust relationship along with 

the following principles: right of Indian tribes to selfgovernance, tribal sovereignty and self-determination. 

President Clinton’s Order required each agency to have an 

accountable process for ensuring meaningful and timely 

input by Tribal officials in the development of regulatory 

policies with tribal implications. It recognized that the 

right of Tribal self-governance compels the interaction 

between tribes and the U.S. government to take place on 

a government-to-government level. 

In a memorandum, dated November 5, 2009, President 

Obama declared his commitment to fulfilling the consultation requirements of Executive Order 13175. President 

Obama supports implementation of this policy and has 

called on federal agencies to submit their 

detailed plans for implementation within 90 days 

from the issuance of his memorandum.6

As an independent regulatory agency, the NRC is not 

required to implement policies and procedures required 

by Executive Order 13175. However, the Commission has 

determined that the NRC supports the spirit of Executive 

Order 13175 and will seek to meet the underlying goals and 

objectives of the Order during its interactions with tribes.

C H A P T ER 1 

Historical Perspective On U.S. And Tribal Relations

3. Seminole Nation v. United States, 316 U.S. 286, 296 (1942).

4. In 1970, President Nixon issued a “Special Message on Indian Affairs.” Subsequently, President’s Ronald Reagan, George H.W. Bush, William J. 

Clinton and George W. Bush have issued policy statements regarding the Federal government’s relationship with Native American tribes.

5. Executive Order 13175 was issued on November 6, 2000, and was published in FR 65 218 on pages 67249-67252. It is available online at: 

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr09no00-167.pdf. 

6. http://www.whitehouse.gov/the-press-office/memorandum-tribal-consultation-signed-president
Guidance for NRC E mployees—D RAF T 7

SEC T ION 1 . D 

NRC’s Case-By-Case Approach To 

Interactions With Native American Tribes 

NRC’s case-by-case approach allows both NRC and 

the tribes to initiate outreach and communication 

with one another. NRC staff can identify and 

initiate dialogue with Federally-recognized Native 

American tribal governments during the course of 

NRC regulatory processes and activities. NRC staff 

should focus their outreach efforts on Native 

American tribes that may be affected by, or have an 

interest in, activities regulated by NRC. Additionally, 

NRC staff may expand discussions by highlighting 

opportunities for tribal involvement and consultation during the regulatory process thereby involving 

tribes in the decision making process. NRC 

staff should maintain regular channels of communication with engaged tribes and tribal organizations 

and provide general information upon request. 

Native American tribal officials sometimes initiate interactions with staff based on tribal interest in 

particular NRC-regulated activities. Tribal concerns 

often reflect issues associated with NRC licensed (or 

proposed) activities, located on or near official reservation lands, and in the vicinity of places of historical 

or cultural tribal importance located off reservation 

lands. Tribes are also interested in, and seek involvement with, NRC-regulated activities for which the 

tribe has developed a policy statement or position. 

This two-way, case-by-case approach establishes a 

foundation of government-to-government working 

relationships that respects the right of Native 

American tribal self-government and self-determination. To date, this approach has been successful, 

having contributed to productive, government-togovernment relationships in support of NRC staff’s 

limited, but significant, interactions with tribes. 

Staff and tribes have worked together in the 

following areas: uranium recovery activities, reactor 

operations and license renewal, high-level and lowlevel radioactive waste storage and disposal concerns, 

and spent fuel transportation and disposal. In each 

of these activities, NRC staff made extensive efforts 

to seek to meet the underlying goals and objectives 

of Executive Order 13175.

While NRC has limited experience interacting with 

tribal governments, the following are a few examples 

of successful government-to-government interactions 

undertaken by NRC staff and tribes regarding NRC 

regulated activities.

Power Reactor Inspections and License 

Renewal - Prairie Island Indian 

Community (PIIC)

Located within the 10-mile Emergency Planning 

Zone of the Prairie Island Nuclear Generating Plant 

(PINGP) in Welch, Minnesota, the PIIC is the tribal 

community most closely located in the vicinity of 

an operating nuclear power reactor. In 1997, after 

the PIIC expressed interest in accompanying NRC 

inspectors during inspections, the Commission 

determined that tribal representatives could observe 

NRC inspections at the plant. The PIIC was 

authorized to observe NRC radiation protection 

inspections later that year. 

In 2008, the PIIC signed a Memorandum of 

Understanding (MOU)7

 with NRC to become a 

cooperating agency for the purpose of preparing the 

Environmental Impact Statement for the proposed 

license renewal of the PINGP and to work with 

NRC to review potential environmental impacts 

of the proposed license renewal of the PINGP. 

Pursuant to the MOU, the PIIC provided expertise 

7. PIIC Memorandum of Understanding ADAMS ML081630555
8 NRC Tribal Protocol Manual—D RAF T

and assistance to the NRC staff in four discrete areas: 

archaeological and historical resources, socioeconomics, land use, and environmental justice. This was the 

first NRC MOU with a tribal government that dealt 

with a reactor license renewal environmental review.

In 2009, the Prairie Island Indian Community 

Tribal Council President participated, as an observer, 

during the Prairie Island Regional Lead License 

Renewal Program Inspection.

Proposed Waste Repository – Timbisha 

Shoshone Nation

From 2001-2008, the NRC conducted ongoing tribal 

outreach related to the proposed Yucca Mountain 

high-level waste repository site in Nevada. In 2001 

and 2003, the Commission hosted workshops for 

Native American Tribes with ties to Yucca Mountain. 

During that time, NRC staff learned of the Timbisha 

Shoshone Nation’s pursuit of “affected status,” under 

the Nuclear Waste Policy Act (NWPA), from the 

Department of the Interior (DOI) with regard to 

proceedings associated with the proposed waste 

repository. Under NWPA, Affected Tribes are 

afforded special rights of notice, participation, 

consultation and financial assistance. NRC later met 

with DOI representatives, providing information 

on NRC regulations and hearing procedures and 

conveying the NRC’s interest in a timely decision 

on the Tribe’s request. In 2006, NRC staff visited 

the Timbisha Shoshone in Death Valley, California. In 2007, NRC staff met separately with DOI 

representatives at DOI headquarters in the District 

of Columbia regarding the Tribe’s renewed efforts 

to petition to DOI for “affected status.” The Tribe 

had applied for “affected status” in 2001, and absent 

any official reply from DOI, applied again in 2006. 

In 2008, after DOI granted their petition, NRC 

staff again visited the Timbisha Shoshone to provide 

them with detailed information on the NRC’s 

licensing and hearing process, and how the tribe 

could participate. In 2009, the Timbisha Shoshone 

Tribe was admitted as a party to the Yucca Mountain 

hearings, with eight admitted contentions.

Uranium Recovery and Legacy Waste 

Associated with Uranium Mining and 

Milling - Various Tribes located in Indian 

Country in the Vicinity of Southwestern 

U.S. and in South Dakota 

In 2007 and 2008, NRC met with several Native 

American Tribal governments in New Mexico and 

Arizona, specifically the Navajo Nation, the Hopi 

Tribe, the Pueblo of Acoma, and the Pueblo of 

Laguna, on regulatory issues related to uranium 

milling operations and environmental restoration. 

Beginning in late 2007, staff participated with the 

U.S. Environmental Protection Agency, the U.S. 

Department of Energy, the Bureau of Indian Affairs, 

and the Indian Health Service in multiple briefings 

and roundtable discussions with the Navajo Nation 

in the development of a 5 year plan to address legacy 

uranium mine and mill waste in Navajo Country. 

The agencies drafted a plan to address uranium 

contamination on Navajo lands and proposed solutions, issues raised by U.S. House Representative 

Henry A. Waxman at an October 23, 2007, hearing 

on Capitol Hill. In addition to numerous meetings 

with Senior Navajo Government officials as part 

of this effort, NRC staff briefed the Navajo Nation 

Resources Committee in Window Rock, AZ, on the 

NRC portion of the plan in April 2008. Also present 

were representatives of the Navajo Nation EPA and 

the Navajo Nation Department of Justice. 

In February and April of 2009, NRC staff coordinated 

individual government-to-government meetings 

with representatives of the Navajo Nation, Pueblo of 

Zuni, All Indian Pueblo Council, Pueblo of Laguna, 

and Pueblo of Acoma, to share information related 

to the licensing of uranium recovery facilities. The 

C H A P T ER 1 

Historical Perspective On U.S. And Tribal Relations
Guidance for NRC E mployees—D RAF T 9

meetings were structured to explain the licensing 

process, to address Native American concerns 

related to the licensing process, and to identify 

opportunities for Native American tribal 

governments to participate in the licensing process.

Potential Small Nuclear Power Reactor 

Proposed for Galena, AK – Various 

Alaskan tribes as represented by the 

Yukon River Inter-Tribal Watershed 

Council (YRITWC)

In February 2005, staff met with representatives 

of the YRITWC, an organization that currently 

represents 53 Federally recognized tribes in Alaska 

and 17 First Nations (Native tribes in Canada) 

located in the Yukon River Watershed. Staff met to 

discuss and answer questions on opportunities for 

communication with tribal Governments with 

concerns about the potential siting of a nuclear 

reactor in Galena, Alaska, as initiated by the City of 

Galena in talks with Toshiba Corporation in 2003. 

Since its first meeting, NRC established a tribal 

Consultative Team to address issues arising from 

YRITWC concerns about the possible siting of a 

reactor at Galena, and has maintained regular 

communications with the YRITWC. In August 

2009, the YRITWC held its 2009 Bi-Annual 

Summit at which NRC staff participated by speaking 

with the Executive Directors of the YRITWC 

and with tribal leaders about the development of 

NRC tribal protocols and the current status of the 

potential nuclear power reactor proposal.
10 NRC Tribal Protocol Manual—D RAF T

SEC T ION 2.A

Differences In Tribal And Non-Native 

American Cultures

Recognizing important and significant differences between 

tribal cultures and non-native American cultures will assist 

NRC staff in their interactions with tribal governments. 

Examples of Cultural Differences:

◗ Some Tribal government representatives may place 

less priority than federal employees on the timelines, schedules and agendas established by U.S. 

government agencies. NRC activities and staffs’ 

approach to task management tend to be schedule 

driven because of imminent deadlines, which may 

conflict with the expectations of tribal representatives.

◗ Some tribes may place greater value than federal 

agency personnel in face-to-face interactions, and 

request meetings in their offices in order to reach 

conclusions and consensus with all tribal members. 

Like other groups with whom staff interact, tribal 

representatives may have limited resources for travel. 

◗ In general, tribal elders are treated with great respect, 

whether or not they hold elected office or are in an 

official position.

◗ In many tribes, group harmony and cohesiveness is 

valued more than individual accomplishments. In some 

tribes, dependence on the group, not independent 

thought, may be the desired priority.

◗ As with the many ethnically and religiously diverse 

groups within the United States, religious and spiritual 

beliefs among Native Americans vary widely. 

◗ Many tribes place great emphasis on spirituality, and 

many Native Americans place great importance and 

spiritual value on the relationship between them and 

the environment. Staff should be aware that many 

Native Americans feel a strong commitment to 

respecting the earth and that many tribes are cautious 

when considering actions that may harm the earth. 

Some Native Americans believe that all living things 

are interconnected and that the spiritual worlds and 

natural worlds are one. Because of this, perceived threats 

to their environment may be viewed as direct threats 

to their health, culture and spiritual well-being. Plants 

and animals may possess spiritual significance and serve 

ceremonial purposes in addition to being a source of food. 

Accordingly, sites for gathering food or medicinal plants 

may also be historically and culturally significant for a 

particular tribe. 

For many Native Americans, spirituality is also woven 

into tribal lifestyles through ancestral teachings and beliefs 

that are handed down from generation to generation. 

In some tribal cultures, celebrations, stories, songs and 

dances teach skills as well as entertain. Additionally, some 

tribes use subsistence activities, such as hunting, fishing 

and foraging, to help teach the children respect for these 

activities and for the past.

Because of cultural differences, NRC employees may 

misunderstand, or be misunderstood by, members of Native 

American tribes. By practicing open communication, adaptability, and open-mindedness in your interactions, staff can 

develop positive working relationships with tribal members. 

SEC T ION 2. B

The Meaning Of Tribal Consultation

Tribal governments usually place great importance 

and meaning on “consultation” on a government-togovernment basis when dealing with Federal government 

representatives. Staff should be cognizant when using the 

term, both in writing and orally, so that tribal representatives do not misunderstand the objective of a meeting, 

presentation, or conversation. While consultation typically denotes a formal process, useful information sharing 

meetings, background information presentations, 

preliminary discussions, introductory briefings, 

information gathering sessions, and other such venues for 

communication can achieve multiple objectives without 

parties entering into consultation. Staff should take steps 

to ensure they correctly “consult” with tribes at the 

appropriate time and with the understanding of all 

parties that the formal process of “consultation” has been 

entered into.

C H A P T ER 2 

Guidance On Tribal Protocols And Interactions
Guidance for NRC E mployees—D RAF T 11

SEC T ION 2. C

Protecting Tribal Lands

A number of Federal statutes require Federal agencies to 

consult or coordinate with Native American Indian tribes. 

This section will address only those applicable in the areas of 

historic preservation, natural resource protection, and cultural 

resource protection. It is useful to be familiar with these 

various statutory requirements not only to ensure compliance, 

but also to explore opportunities to maximize consultation 

opportunities. Section 106 of the National Historic Preservation Act of 1966 as amended (NHPA), 16 U.S.C. Section 

470f, requires federal agencies to take into account the effects 

of their undertakings on historic properties. The NHPA 

requires that, in carrying out the requirements of Section 106, 

each federal agency must consult with any Indian tribe that 

attaches religious and cultural significance to historic properties that may be affected by the agency’s undertakings. 

NHPA’s 1992 amendments include provisions for Indian 

tribes to assume the responsibilities of the State Historic 

Preservation Officer (SHPO) on tribal lands, and establish the position of a Tribal Historic Preservation Officer 

(THPO). Tribal lands are defined in the NHPA as, 1) all 

lands within the exterior boundaries of any Indian reservation; and 2) all dependent Indian communities. As the 

Tribal counterpart to the SHPO, the THPO may assume 

some or all of the duties for historic preservation on tribal 

lands that the SHPO performs on private, state, or federal 

lands. These responsibilities may include maintaining an 

inventory of historic properties under its jurisdiction and 

assisting federal agencies in the review of Federal undertakings. The NRC meets its Section 106 requirements in 

conjunction with its NEPA responsibilities. 

There are multiple places in the United States Federal 

law that require consultation between at least one Federal 

agency and tribal governments. The following are some 

statutes requiring consultation that may apply to NRC licensing activities at a particular site: the National Historic 

Preservation Act (NHPA), the American Indian Religious 

Freedom Act, and the Archeological Resources Protection 

Act of 1979 and the Native American Graves Protection 

and Repatriation Act (NAGPRA). 

SEC T ION 2 . D 

Generic Guide To Arranging Meetings 

With Tribal Representatives

Face-to-face meetings are an important part of 

government-to-government communications between 

tribal governments and Federal agencies. Meetings serve 

to address issues of mutual concern, resolve issues in 

dispute, avoid conflicts and future litigation, and most 

importantly, strengthen communication between Federal 

agencies and tribal governments. The following guidelines 

supply meeting options and possible meeting scenarios to 

assist in planning and developing specific meeting strategies.

Pre-meeting Planning:

Staff will benefit by first holding internal NRC meetings 

prior to scheduling meetings with tribal participants. 

The purpose of these pre-meetings is to:

a) Identify the tribal participant(s) and their role, position 

and status within the tribal community;

b) Identify the issue(s), evaluate the information to be 

presented and decide what level of meeting should be 

held and the purpose of the meeting. When meeting 

with Tribal leaders, expect that there will be two 

different agendas: the NRC’s and the tribe’s. Both 

agendas must be aired, and; 

c) Identify the desired outcome: Consider why NRC is 

meeting with the tribe and determine the expected 

outcome of the meeting.

Identifying and Planning:

Identify the type of meeting - Is the meeting going to be 

an informal meeting between specified NRC staff and 

Tribal technical representatives? Is the meeting going to 

be a more formal one between senior NRC staff and the 

tribal Chairperson or tribal Council? Give thought to the 

type of meeting and determine if there is an established 

relationship with the tribe. Possible meeting formats 

might include: Presentations followed by discussions, 

listening sessions, small “breakout” groups, question and 

answer sessions, or a combination of all of the above.
12 NRC Tribal Protocol Manual—D RAF T

Remember that many NRC meetings include not only 

tribes but other vested third parties such as:

• State or Local government representatives

• Representatives of local public interest groups

• Contractors and/or Consultants

• Other Federal Agency employees

Staff should try to familiarize themselves with, and 

address each participant’s motivation for attending the 

meeting and their particular concerns. 

Meeting Logistics:

Select meeting sites or locations that are reasonably 

accessible to all parties from both a logistic and 

economic perspective.

Visual Aids:

Visual aids are very useful and greatly appreciated by nontechnical audiences. Maps, facility plans, and Power-Point 

presentations can assist in illustrating and punctuating 

NRC’s verbal presentations. Advanced technical data may 

be difficult to comprehend depending on the expertise 

and experience of your audience. Accordingly, seek to 

know your audience and use plain language. Strive to 

ensure that your presentation is easy to understand so that 

your audience fully understands what is being presented. 

Refreshments:

The Standards of Ethical Conduct for Employees of the 

Executive Branch regulations in 5 CFR Part 2635 allow 

NRC employees to accept modest items of food and 

refreshments that are not part of a meal. NRC employees 

may also accept food and drink offered as part of a meal 

as long as it does not exceed twenty dollars ($20.00) in 

value. NRC staff should inform tribal government 

representatives of these restrictions when arranging 

meetings to avoid potentially awkward situations. NRC 

staff should also contact the Office of General Counsel to 

check if there are restrictions on providing refreshments 

when NRC is hosting a meeting and using NRC funds.

Press or Media Involvement:

If staff anticipates media presence at a scheduled meeting, 

NRC personnel should work with the Office of Public 

Affairs to issue a press release or a handout prior to the 

start of the meeting. 

Meeting Outcomes or Conclusions:

During meetings with Native American Tribal 

representatives, staff should seek to:

a) Exchange all information and ideas with the 

appropriate tribal attendees;

b) Obtain reactions to proposed NRC plans or actions 

with the appropriate tribal attendees;

c) Reach agreement on processes or procedures for 

maintaining communication and solving disputes; and

d) Seek to develop communication and understanding, 

along with concurrence.

NRC staff should hesitate assessing a meeting’s outcome 

immediately following the meeting. Although it may 

appear that parties have reached consensus or are in 

concurrence, tribes, like other sovereign governments, 

may have additional meetings and may need to follow 

additional processes independent of the meeting with 

NRC, in order to develop and incorporate final thoughts, 

opinions, and plans of action. 

When preparing notes or summaries of the meeting, 

staff should make efforts to hold follow-up meetings or 

communications in which designated parties from the 

tribes, the NRC and other stakeholders present, have a 

chance to review the “draft” summary. This will ensure an 

accurate accounting of the views and intents of all parties.

Whenever possible, staff should consider including in 

the summary an informal assessment of the meeting 

from a tribal member (if a previous relationship has been 

formed).

If a dispute or difference of opinion arises regarding the 

meeting summary, consider oral inquiries or discussions, 

in order to clarify issues and to resolve differences. Most 

tribes prefer face-to-face and, to a lesser degree, telephone 

exchanges as the preferred means of information 

exchanges.

C H A P T ER 2 

Guidance On Tribal Protocols And Interactions
Guidance for NRC E mployees—D RAF T 13

After such conversations, staff should send a letter 

recapping NRC’s understanding of the meeting. 

Reminder–As with correspondence with other parties, 

all correspondence written to a tribal representative 

should be followed up by a telephone call to the tribal 

contact if a reply is not received within a reasonable 

amount of time.

SEC T ION 2. E

Tribal Meeting Etiquette

Clear and respectful communication is paramount in 

Tribal meetings. When people from different cultural 

backgrounds meet, problems can occur and are often 

manifested in differences in body language, response or 

lack of response to specific issues, cultural interpretations, 

and unexpressed expectations.

These communication challenges can be met through 

various means, such as cross-cultural awareness training, 

recognition of possible personal bias or preconceived 

notions, and cultivation of a responsible tribal contact, 

who can instruct NRC staff on customary and acceptable 

behaviors of the tribe.

Tribes place great value in listening to their guests and 

to other tribal members, and often reserve comments 

until all pertinent tribal members have been informed. 

Accordingly, it is important that NRC staff acknowledge 

this approach to communication, and practice respect 

and patience when meeting with and discussing issues 

with tribal representatives. Likewise, many tribal members 

appreciate reciprocal treatment when they are speaking, 

preferring not to be interrupted until they have completed 

communicating their ideas and concerns. 

In addition, although most tribes will be comfortable 

participating in meetings being conducted in English, 

certain tribal members, such as elders, might be more 

comfortable and receptive when presented with the 

option of having an interpreter present at the meetings. 

The staff should contact FSME’s Intergovernmental 

Liaison Branch for assistance in arranging for translators.

Because meetings with tribes are official meetings with 

another government entity, staff should seek to respect 

tribal leaders and address them by their proper titles and 

names. Tribal participants should always be introduced 

first and allowed to address the meeting participants first, 

if desired.

Often, a tribal representative, including an elder or 

spiritual leader, will open a meeting with a prayer, a song 

or an invocation. While Staff need not participate in such, 

staff should display respect for the tribes’ customs and 

beliefs in this tradition.

Tribal members often will not start a meeting until 

everyone is present, and NRC staff should recognize 

that some tribes may delay meetings and pace agendas 

accordingly. This means that although a meeting may be 

set for a certain time (start, duration, and end), the 

meeting may start fifteen, twenty, or thirty minutes 

later than the stated opening time. Awareness that other 

cultures may have a different approach to time constraints 

and scheduling should help put at ease those with a more 

structured approach to these considerations, and will help 

staff demonstrate patience, understanding and acceptance.

Staff and management should promise only what can be 

delivered. Views, opinions, materials and ideas must be 

presented honestly and openly. Statements made by 

NRC staff and management to tribal leaders should be 

expected to be taken on face value and will often be 

viewed as representing the position of the NRC. As in 

communications with all others, staff and management 

should offer, discuss and promise only what can 

realistically be delivered.
14 NRC Tribal Protocol Manual—D RAF T

SEC T ION 2. F

Reservation Etiquette

Tribes differ significantly in their willingness to allow 

visitors on parts of the reservation away from official 

buildings or tourist attractions. It is advisable to inquire in 

advance about specific tribal rules, attitudes, and customs 

before visiting parts of the reservation away from “public” 

areas. Above all, the reservation is the home of the 

tribe and its people and the privacy of the people 

should be respected.

Some things to know about visiting reservations include:

◗ Do not assume that you are free to wander the reservation 

or ask tribal members direct questions about their lives. 

This may be considered particularly rude in most Indian 

cultures.

◗ Some tribes consider pointing to be offensive and some 

tribes may attach cultural, religious, and metaphysical 

significance to pointing that makes it even more so.

◗ NRC staff may find it useful to develop personal working 

relationships with members of the Tribe who can help with 

communication and protocol information.

◗ Photography may be restricted. Ask permission to photograph individuals, ceremonies, or meetings. Do not assume 

that it is permissible or appropriate to take photographs.

◗ When visiting cultural or sacred sites, ask the tribes how 

you should behave at the site. Be respectful of all artifacts. 

Refrain from handling or otherwise disturbing these 

artifacts. 

SEC T ION 2 . G 

Recommended Behaviors And Other 

Communication Considerations

◗ Before you meet with the tribe, learn to pronounce the 

tribe’s name. Always pronounce it properly.

◗ Be conscious of your conduct. Many Tribal cultures place 

great emphasis on judging character by one’s action, 

conduct, and response. The appropriate conduct is to be 

conservative and considerate. Often credibility and 

integrity will be judged during the first 5 minutes of 

conversation or introduction. As a representative of the 

Federal government and NRC, your actions are indicative 

of your awareness of the government-to-government 

relationship with tribal nations.

◗ Try not to be judgmental about how tribal meetings are 

run. Tribal sovereignty includes the tribe’s rights to reach 

decisions and conduct meetings however they wish.

◗ Keep your voice at a moderate or reasonable level. Speaking loudly may be interpreted as arrogant or disrespectful.

◗ Elders are highly respected in tribal communities, 

whether or not they hold any official position. They are 

the repository for the continuity of tribal culture and are 

often the source of considerable intuitive wisdom.

◗ When speaking with and listening to tribal elders and 

other tribal representatives, practice patience. Some tribal 

members allow for greater pause time between speakers, 

even in their own language; a pause indicates the other 

person is considering what you said. Some Indian elders 

may respond by telling a story or an analogy to illustrate 

a point. A hurried follow-up question may disrupt their 

response to your initial questions. Therefore, if you are in a 

hurry, you may get no answer at all.

◗ Staff should give their undivided attention to the person 

who is speaking. By practicing impatience, staff may 

display culturally inappropriate behavior. If an issue is 

important to discuss, it is important that all parties give 

the time necessary to adequately discuss and ultimately 

resolve the issue. It is considered especially rude to look at 

your watch, yawn, walk out, raise your hand, or shake your 

head while a tribal elder is talking.

◗ Sometimes prolonged eye contact is inappropriate. Not 

making or holding eye contact is respectful behavior. While 

in meetings, maintaining direct eye contact for extended 

amounts of time with tribal elders, leaders, and members is 

considered inappropriate in many tribal cultures.

◗ When beginning an important discussion, or when 

responding to questions by tribal elders or officials, inappropriate laughter may be considered a lack of respect or 

seriousness, or as belittling the subject of the questioner.

◗ The NRC staff should dress respectfully as for any business 

meeting with a high elected official or a distinguished 

representative of another government. Some tribal 

leaders are sensitive to unprofessional, overly casual 

attire when meetings are held with representatives of 

the Federal government, especially at meetings held in 

the Washington, D.C., area, such as at NRC headquarters’ 

offices. More casual attire may be appropriate when meetings are held at locations outside of the D.C. Metropolitan 

C H A P T ER 2 

Guidance On Tribal Protocols And Interactions
Guidance for NRC E mployees—D RAF T 15

area, such as those held in states located in the West, and 

particularly for attendees who meet regularly with tribal 

officials, and/or go directly from their work place to attend 

such meetings. 

◗ Tribal representatives may not be familiar with NRC terms, 

vocabulary, acronyms, vernacular and standard operating 

procedures. NRC staff should seek to develop an understanding of prior involvement, education and training 

of the tribe as these relate to the technical or licensing 

matter at hand. Some tribes may be better served by NRC 

staff limiting use of, or providing greater explanations 

for, certain technical or licensing terms or phraseology, 

while other tribes may have greater experience with, and 

understanding for, the subject matter. Staff should respect, 

and not underestimate, the knowledge of tribal officials, 

while being conscious of the use of terms and concepts 

presented to ensure that both Tribal officials and NRC staff 

communicate effectively.

In summary, strong relationships are built on trust and 

honesty. As representatives of a professional government 

agency, consider:

◗ Respect...For tribal interests, cultural diversity, customs, 

agendas.

◗ Respect...For tribal Council leaders as officials of another 

government.

◗ Listen...Carefully; ask questions for clarification.

◗ Consider...What you say; do not promise what you may 

be unable to deliver.

◗ Communication...Is key to successful relationships. 

Communication established early and often in the process 

results in more effective communication throughout the 

process. 

◗ Staff Familiarization...With tribe-specific information. 

Get smart, understand the tribal history and current tribal 

issues, concerns, and expertise of the tribe or tribes you 

may find yourself working with. 

◗ Face-to-face Meetings...Get to know the tribe and 

its technical resource staff and council representatives. 

Meetings are the most effective method for achieving 

this important goal, followed by phone calls. Letters are 

essential, but can be bureaucratic and inefficient methods 

of communication. 

◗ Familiarity and Continuity...Is essential for 

establishing and maintaining effective relationships.

◗ Visibility...Tribes and their concerns should be highlighted 

during introductions and at the meeting table.

◗ Adaptability...Exhibit flexibility, sensitivity and empathy 

in tribal relations.

◗ Patience...Take time to understand, communicate with, 

and work with the tribes who have an interest in NRC 

activities
16 NRC Tribal Protocol Manual—D RAF T

SEC T ION 3.A

NRC’s Tribal Liaison Point Of Contact

The Intergovernmental Liaison Branch (ILB) of the 

Division of Intergovernmental Liaison and Rulemaking, 

Office of Federal and State Materials and Environmental 

Management Programs (FSME), maintains the day-to-day 

experience and knowledge management necessary to perform 

Tribal liaison. ILB works in close coordination with the 

Deputy Executive Director for Materials, Waste, Research, 

State, Tribal and Compliance Programs and NRC Program 

Offices and Regions, to fully implement NRC’s Tribal 

Protocol. Staff is encouraged to contact ILB with any 

questions regarding outreach and communication with 

Native American Tribal communities and Tribal representatives.

tribal_outreach.resource@nrc.gov

Division of Intergovernmental Liaison & Rulemaking

Office of Federal and State Materials and

 Environmental Management Programs

C H A P T ER 3 

NRC’s Tribal Contacts: Reference Tools 

T ribal L ia I son

Intergovernmental Liaison Branch
SEC T ION 3. B

Federal Agency Tribal Website Links 

1. U.S. Department Of The Interior, 

Bureau Of Indian Affairs

www.bia.gov

2. U.S. Department Of Homeland Security

www.dhs.gov/ynews/releases/pr_1236118838765.shtm

3. U.S. Department Of Transportation

www.fhwa.dot.gov/tribal/index.htm 

4. U.S. Department Of Energy

http://energy.gov/congressional/congress/tribal

5. U.S. Federal Emergency Management Agency

http://www.fema.gov/tribal

6. U.S. Department Of Health And Human Services

www.itmatrustfunds.org

7. U.S. Federal Energy Regulatory Commission

www.ferc.gov/legal/maj-ord-reg/policy-statements.asp

8. U.S. Federal Communications Commission

www.fcc.gov/indians

9. U.S. Environmental Protection Agency

www.epa.gov/tribal/

Guidance for NRC E mployees—D RAF T 17
18 NRC Tribal Protocol Manual—D RAF T

SEC T ION 3. C

Native American Reservations and Trust Land within a 50-Mile Radius 

of a Nuclear Power Plant

Dated September 1, 2012

Note: This table uses NRC-abbreviated reactor names and Native American Reservation and Trust land names.

PA

NY

ME

IN

WA

OR

CA

NV

MT

ID

UT

AZ NM 

CO

WY

TX

OK

KS

NE

SD

ND MN

IA

MO

AR

LA

MS AL GA

FL

SC

NC

VA

TN

KY

IL

OH

MI WI

WV

MD

DE

NJ

CT

RI

NH

VT

MA

Figure 50. map_native_american

ARIZONA

 Palo Verde

 Ak-Chin Indian Community

 Tohono O’odham 

 Trust Land

 Gila River Reservation 

 Maricopa Reserve

CALIFORNIA

 San Onofre

 Pechanga Reservation

 of Luiseño Indians

 Pala Reservation

 Pauma & Yuima Reserve

 Rincon Reservation

 San Pasqual Reservation

 La Jolla Reservation

 Cahuilla Reservation

 Soboba Reservation

 Santa Ysabel

 Mesa Grande Reservation

 Barona Reservation

CONNECTICUT

 Millstone

 Mohegan Reservation

 Mashantucket Pequot 

 Reservation 

 Narragansett 

 Reservation

 FLORIDA

 St. Lucie

 Brighton Reservation

 (Seminole Tribes 

 of Florida)

 Fort Pierce Reservation

 Turkey Point

 Miccosukee 

 Reservation

 Hollywood Reservation 

 (Seminole Tribes 

 of Florida)

IOWA

 Duane Arnold

 Sac & Fox Trust Land

 Sac & Fox Reserve

LOUISIANA

 River Bend

 Tunica-Biloxi Reservation

MASSACHUSETTS

 Pilgrim

 Wampanoag 

 Tribe of Grey Head

 (Aquinnah) 

 Trust Land

MINNESOTA

 Monticello

 Shakopee Community

 Shakopee Trust Land

 Mille Lacs Reservation

 Prairie Island 

 Prairie Island Community

 Prairie Island Trust Land

 Shakopee Community

 Shakopee Trust Land

NEBRASKA

 Cooper

 Sac & Fox Trust Land

 Sac & Fox Reservation

 Kickapoo

 Fort Calhoun

 Winnebago Trust Land

 Omaha Reservation

 Winnebago Reservation

NEW YORK

 FitzPatrick

 Onondaga Reservation

 Oneida Reservation

 Nine Mile Point 

 Onondaga Reservation

 Oneida Reservation

NORTH CAROLINA

 McGuire 

 Catawba Reservation

SOUTH CAROLINA

 Catawba 

 Catawba Reservation

 Oconee

 Eastern Cherokee 

 Reservation

 Summer

 Catawba Reservation

WASHINGTON

 Columbia 

 Yakama Reservation

 Yakama Trust 

WISCONSIN

 Kewaunee

 Oneida Trust Land

 Oneida Reservation

 Point Beach

 Oneida Trust Land

 Oneida Reservation
SEC T ION 3 . D 

Instructional Guide To Nrc’s Fsme

Phone Book

(State Contact Database Containing Tribal Listings)

Purpose:

The Federal And State Materials And Environmental 

Management Programs (FSME) Phone Book is a single 

source of up-to-date intergovernmental communication 

information which provides NRC staff with up-to-date 

contact information for State government and tribal 

contacts.

This Microsoft Access Phone Book contains the names 

and addresses of State and tribal personnel including 

Governors, Governor-appointed State Liaison Officers, 

Radiation Control Program Directors, 10 CFR Part 71/

Part 73 State Transportation contacts, Native American 

tribal contacts and State Emergency Management 

Directors. 

Access:

NRC staff can access the FSME Phone Book by left 

clicking on the Windows Start button in the lower, left 

hand corner of the PC monitor screen. Selecting Agency 

Wide provides a drop down box with a U.S. yellow 

map icon. Select the map icon to open the application, 

allowing for the selection of custom report parameters.

FSME maintains responsibility for the database, which 

includes ensuring the accuracy of the data, and providing 

“helpdesk” support for the application. The FSME Phone 

Book is accessible Agency-wide and allows for customization of individual information requests. Specific examples 

of Phone Book utilization include: 1) distribution of 

NRC advisories; 2) maintenance of distribution contacts 

for various Agency mailings; 3) automatic printing of 

mailing labels (including First Class and Federal Express 

addresses ) to specific individuals; 4) exportation of 

e-mail addresses via Microsoft Outlook; and 5) various 

sorting capabilities (i.e., geographical regions, facility 

types, positions). 

Contact:

For questions regarding the use of the FSME Phone 

Book, generally or specifically as it pertains to Tribal 

Contacts, or assistance to access the FSME Phone 

Book, please contact Patricia McGrady-Finneran by 

telephone at (301) 415-2326, or by e-mail at 

Patricia.McGrady-Finneran@nrc.gov.

SEC T ION 3. E

Miscellaneous Tribal Information

The NRC, through its regulatory process, deals directly 

with Federally recognized tribes. To better understand 

the distinctions and determinations of what constitutes a 

Federally recognized tribe, the Department of the Interior, 

Bureau of Indian Affairs website: 

http://www.bia.gov/FAQs/index.htm is a valuable 

resource tool.

How Is Federal Recognition Status 

Conferred?

Historically, most of today’s federally recognized tribes 

received federal recognition status through treaties, acts 

of Congress, presidential executive orders or other federal 

administrative actions, or federal court decisions.

In 1978, the Department of the Interior issued regulations governing the Federal Acknowledgment Process 

(FAP) to handle requests for federal recognition from 

Indian groups whose character and history varied widely 

in a uniform manner. These regulations – 25 CFR Part 83 

– were revised in 1994 and are still in effect.

Also in 1994, Congress enacted Public Law 103-454, 

the Federally Recognized Indian Tribe List Act (108 Stat. 

4791, 4792), which formally established three ways in 

which an Indian group may become federally recognized:

◗ By Act of Congress; 

◗ By the administrative procedures under 25 CFR Part 

83; or 

◗ By decision of a United States court. 

Guidance for NRC E mployees—D RAF T 19
20 NRC Tribal Protocol Manual—D RAF T

C H A P T ER 3 

NRC’s Tribal Contacts: Reference Tools 

However, a tribe whose relationship with the United 

States has been expressly terminated by Congress may not 

use the Federal Acknowledgment Process. Only Congress 

can restore federal recognition to a “terminated” tribe.

The Federally Recognized Indian Tribe List Act also 

requires the Bureau of Indian Affairs, Department of 

the Interior to publish annually a list of the federally 

recognized tribes in the Federal Register. The list was last 

published on August 11, 2009 (74 CFR 40218) 

at: http://www.bia.gov/WhoWeAre/BIA/OIS/Tribal

GovernmentServices/TribalDirectory/index.htm

Federally Recognized Tribe Requirements

1. The Petitioner has been identified as an American 

Indian entity since 1900;

2. A predominant portion of the petitioning group 

comprises a distinct community;

3. The petitioner has maintained political influence or 

authority over its membership;

4. The group has governing documents which include its 

membership criteria;

5. The petitioner’s membership consists of individuals 

who descend from a historical Indian tribe or from 

historical Indian tribes which combined and 

functioned as a single autonomous political entity;

6. The membership of the petitioning group is composed 

primarily of persons who are not members of an 

acknowledged North American Indian tribe;

7. Neither the petitioner nor its members are the subject 

of congressional legislation that has expressly 

terminated or forbidden the Federal relationship;

How To Contact Tribes That Are Not 

Federally Recognized 

NRC staff can contact tribes that are not federally 

recognized but are interested in a particular NRC 

regulated activity in the same manner as any other 

stakeholder or public interest group. One example of this 

group would be a “State-recognized tribe.” These tribes are 

not federally recognized, but have been acknowledged by 

state law, and sometimes reside on state-recognized 

reservations. To assist NRC staff in identifying tribes 

that are not federally recognized with regard to nuclear 

facilities located in a State, the following websites list 

Federally Non-Recognized Tribes:

◗ http://500nations.com/tribes/Tribes_State-by-State.asp

◗ www.accessgenealogy.com/native/nofed.htm;

◗ www.manataka.org/page237.html;

◗ www.kstrom.net/isk/maps/tribesnonrec.html; and

◗ www.csulb.edu/~gcampus/libarts/am-indian/tribes/ 

Tribal Historic Preservation Officers 

(THPOs)

The following website lists Tribal Historic Preservation 

Officers that are members of the National Association 

of Tribal Preservation Officers (NATHPO) at 

http://www.nathpo.org/THPO/state_list.htm.

Governors Interstate Indian Council

The Governors Interstate Indian Council (GIIC) may 

help individuals find State tribal offices. A brief description of the organization’s mission as posted on the GIIC 

website at http://w1.paulbunyan.net/~giic/ is to improve 

and promote “cooperation between the states and tribal 

governments” through the following:

◗ Promote and enhance government-to-government 

relations between the Tribes and States;

◗ Respect and recognize the individual sovereignty of 

the Tribes and the States;

◗ Support the preservation of traditional Indian culture, 

language and values; and, 

◗ Encourage socioeconomic development aimed at tribal 

self-sufficiency.

A list of State Indian Affairs Offices may be found on the 

website at “Office Directory”. 

Finally, individuals may check on State Government’s 

websites for this information.
Guidance for NRC E mployees—D RAF T 2 1

Major Tribal Culture Areas

A culture area is a region where tribes shared certain 

characteristics, such as housing and hunting practices, all 

of which were based on the climate and resources of the 

area. These are the major North American Tribal culture 

areas:

1. Arctic and Subarctic

2. Eastern Woodlands

3. Southeast

4. Plains

5. Southwest

6. Plateau and Great Basin

7. Pacific Northwest

8. California

Types Of Indian Lands

According to the U.S. Environmental Protection Agency, 

there are seven types of Indian lands in the United States:

1. Reservations: Lands set apart for the use of designated 

Tribes.

2. Trust Lands: Lands held in trust by the U.S. 

government for Indians, usually a Tribe.

3. Checkerboard Lands: Lands that are a combination of 

nonmember owned parcels and Tribal parcels, resulting 

in a checkerboard pattern.

4. Fee Lands: Lands owned by non-Indians within the 

boundaries of a reservation.

5. Dependent Indian Community: Lands set apart 

for Indian use under the superintendence of the U.S. 

government.

6. Allotments: Lands held in trust by the U.S. 

government for individual members of a tribe.

7. Ceded Territory: Lands within a reservation or 

aboriginal area that have been sold by a tribe or taken 

by the U.S. government on which tribe members retain 

certain rights, such as hunting, fishing and gathering 

plants.

The Most Populous Tribes

The following tribes make up .37% of the U.S. 

population* or 1,163,937 tribal members:

Tribe Population

1. Cherokee 284,247

2. Navajo 286,731

3. Mexican American Indian 121,221 

4. Chippewa 112,757

5. Sioux 112,176

6. Choctaw 103,910

7. Apache 63,193

8. Lumbee 62,306

9. Pueblo 49,695

10. Creek 48,352

*Based on 2010 census
United States Nuclear Regulatory Commission

Office of Federal and State Materials and Environmental Management Programs

September 2012