_____________

POLICY ISSUE

(Notation Vote)

December 29, 2014 SECY-14-0146

FOR: The Commissioners

FROM: Mark A. Satorius

Executive Director for Operations

SUBJECT: TRIBAL POLICY IMPLEMENTATION PLAN

PURPOSE:

The staff requests Commission approval of the Tribal Policy Statement Implementation Plan 

that includes activities and resources through fiscal year (FY) 16.

BACKGROUND:

Staff Requirements Memorandum (SRM)-SECY-14-0006, “Tribal Consultation Policy 

Statement and Protocol,” directed the staff to submit an Implementation Plan for the 

Commission’s review and approval. The Commission specified that the revised 

Implementation Plan include improvements, consistent with the intent in prior Commission 

direction, SRM-COMWDM-12-0001, “Tribal Consultation Policy Statement, and Protocol,” to:

1. Advance communication between the U.S. Nuclear Regulatory Commission (NRC) 

and Tribal governments;

2. Allow focused, consistent and enhanced consultation activities with the tribes; and

3. Reflect resources needed to implement the Tribal Policy Statement through FY16.

CONTACT: Stuart Easson, NMSS/MSTR

(301) 415-5134
The Commissioners - 2 -

In SRM-SECY-14-0006, the Commission directed the staff to consider a set of ongoing and 

planned activities as it develops the Implementation Plan. These activities include:

1. Development of an annual report to capture lessons learned; 

2. Training of all necessary NRC staff and Tribal liaisons on Tribal protocol;

3. Approaches to assure consistency in communication with Tribal governments 

through appropriate use of staff (potential models include the Regional State Liaison 

Officers);

4. Development and maintenance of a Web portal (public page) to capture upcoming 

Tribal meetings and planned schedules;

5. Development and support for 2-day training sessions on basic radiation to be offered 

at community colleges on reservations for Tribes. This effort should be conducted in 

coordination with the Office of Small Business and Civil Rights to identify the 

appropriate means of selecting host Tribes and funding this initiative; and

6. Development of methods to conduct cultural surveys in a more efficient manner 

(based on the outcome of the project launched by the Commission in the FY15 

budget) and methods to enhance improvements by Tribal representatives in cultural 

surveys performed by license applicants.

DISCUSSION:

The Commission approved a draft Tribal Policy Statement and staff guidance (i.e., Tribal 

Protocol Manual). The draft Tribal Policy Statement and Tribal Protocol Manual were published

in the Federal Register on December 1, 2014. The draft Policy Statement includes six 

principles that are to guide the NRC’s interaction with Indian Tribes. These six guiding 

principles are:

1. The NRC recognizes the Federal trust relationship and will uphold its trust 

relationship with Indian Tribes.

2. The NRC recognizes and is committed to a government-to-government relationship 

with Indian Tribes.

3. The NRC will conduct outreach to Indian Tribes.

4. The NRC will engage in timely consultation.

5. The NRC will coordinate with other Federal agencies.

6. The NRC will encourage participation by State-recognized Tribes.

The staff has now developed a Tribal Policy Statement Implementation Plan (Enclosure) that 

considers the six aforementioned policy principles. The Implementation Plan identifies activities 

staff will conduct to implement the direction received in SRM-SECY-14-0006 to ensure that the 

NRC’s actions will conform to the six guiding principles. Each of the activities in the plan 

implements the NRC’s efforts in two or more of the principles. Also, the activities mentioned in 

SRM-SECY-14-0006 are incorporated into the Implementation Plan.
The Commissioners - 3 -

COMMITMENTS:

As the staff prepares a draft final Tribal Policy Statement for Commission consideration, it 

will undertake the following: 

1. Evaluate the existing staff guidance (i.e., Tribal Protocol Manual) to identify changes 

that are necessary to align with the final Tribal Policy Statement and determine if

additional agency-level guidance and/or procedures will be required as described in 

SECY-14-0006, “Tribal Consultation Policy Statement and Protocol,”

2. Implement the activities in the approved Implementation Plan,

3. Engage industry associations, Tribal governments, State governments, and other 

stakeholders to consider developing guidance similar to NEI 10-07, Industry 

Guidelines for Effective Pre-application Interactions with Agencies Other than NRC 

During the Early Site Permit Process, and

4. Work with interested Indian Tribes to develop formal agreements in anticipation of 

future NRC licensing activities with the objective of facilitating subsequent 

consultations and encouraging early Tribal participation in conducting cultural 

surveys to make the National Historic Preservation Act (NHPA) Section 106 process 

more efficient.

RECOMMENDATION: 

The staff recommends that the Commission approve the draft Tribal Policy Statement 

Implementation Plan.

RESOURCES:

The Nuclear Materials Users business line has budgeted FY15 resources to fund activities 

identified in the Implementation Plan. Federal, State, and Tribal Liaison Branch staff in the 

Office of Nuclear Material Safety and Safeguards will continue to lead liaison efforts related to 

the draft Tribal Policy Statement development and implementation, with support from other 

Offices and Regions.

Staff anticipates that successful implementation and outcomes from FY15 activities will result in 

opportunities in the following areas: (1) Development and maintenance of internal/external 

training; (2) Development and maintenance of infrastructure; (3) Expanded outreach; and (4) 

Enhanced coordination with other Federal agencies. 

FY16 resources will be addressed through the Planning, Budgeting, and Performance 

Management process. Estimated resources (travel and FTE) for FY16 are included in the Tribal 

Policy Implementation Plan. 

Over the next few years, implementation activities that support the NRC Tribal Policy Statement 

will be evolving and staff will adjust plans to satisfy changing demands and continuous 

improvements.
The Commissioners - 4 -

COORDINATION:

The Office of the General Counsel (OGC) has reviewed this paper and has no legal objection. 

The Office of the Chief Financial Officer has reviewed this paper for resource implications and 

has no objection.

The enclosure to this paper is marked sensitive because it contains budget estimates which 

have not been made publically available.

/RA Darren B. Ash for/

Mark A. Satorius

Executive Director 

 for Operations

Enclosure:

1. NRC Tribal Policy Statement 

Implementation Plan
The Commissioners - 4 -

COORDINATION:

The Office of the General Counsel (OGC) has reviewed this paper and has no legal objection. 

The Office of the Chief Financial Officer has reviewed this paper for resource implications and 

has no objection.

The enclosure to this paper is marked sensitive because it contains budget estimates which 

have not been made publically available.

 /RA Darren B. Ash for/

Mark A. Satorius

Executive Director 

 for Operations

Enclosure:

1. NRC Tribal Policy Statement 

Implementation Plan

ADAMS Accession No.: ML14288A381 SRM-S14-0006-5

OFC MSTR/FSTB MSTR/FSTB NMSS/MST

R RGN-III NSIR

NAME SEasson PMichalak LDudes DRoberts for 

CPederson JWiggins

DATE 11/05/14 11/05/14 11/05/14 11/08/14 11/17/14

OFC OIS NRO NRR OCHCO OCFO

NAME JFlanagan GTracy WDean MCohen TGrancorvitz 

for MWylie

DATE 11/14/14 11/14/14 11/12/14 11/06/14 11/19/14

OFC OGC NMSS/MSTR Tech Ed NMSS EDO

NAME BJones PHenderson 

for LDudes PTressler CHaney MSatorius /RA by DAsh for/

DATE 11/23/14 11/26/14 12/9/14 12/19/14 12/29/14

OFFICIAL RECORD COPY