r-· f r.V-

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UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

OSP WASHINGTON, D.C. 2055~0001 

November 13, 1996 

S6 P.OV 15 Pl"i 4: 59 

Cys: 

/.- - Taylor 

Milhoan 

Thompson 

Blaha 

Paperiello, NMSS 

Miraglia, NRR 

Scroggins, OC 

Droggitis, SP 

Lickus, RIII 

MEMORANDUM TO: James M. Taylor 

FROM: 

E~e9utive Directpr for Operations 

~~Jtt.~ _William M. Hill, Acting Secretary 

SUBJECT: STAFF REQUIREMENTS - SECY-96-18? - POLICY 

ISSUES RAISED IN MEETING WITH PRAIRIE ISLAND 

INDIAN.REPRESENTATIVES . ' 

The Commission has approved the staff recommendations that the 

Commission direct the staff to: {SP) 9600174 

{1) inform the Prairie Island Dakota Indian Community {the 

Community) that the Commission does not desire to negotiate 

a two-party general Memorandum of Understanding (MOU) with 

the Community at this time; 

(2) allow the Community, similar to an adjacent State, to 

observe NRC inspections at the Prairie Island Nuclear Power 

Plant if the Community meets the same NRC requirements which 

an adjacent State must meet; 

(3) not develop a formal policy on cooperation with Federallyrecognized Native American Tribal Governments at this time 

and continue to address Native American issues on a case-bycase basis, operating with Tribal Governments on a 

government-to-government basis; 

(4) inform the Bureau of Indian Affairs of the Corronission's 

decision. 

The staff should ascertain the resources that will be required to 

negotiate and implement a cooperative agreement with the Prairie 

Island Dakota Indian Community for observation of inspections in 

a manner similar to adjacent States and report this information 

to the Corranission. 

(-EOOt (SP) (SECY Suspense: 12/27 /96) 9600175 
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In the staff's correspondence with.the Prairie Island Dakota 

Indian Community, the staff should infonn the community that the 

Chairman is available to meet with the Community to discuss the 

Commission's decision. (-B&e~ (SP) (SECY Suspense: 12/27 /96) 9600174 

The staff should readdress the issue of developing a formal 

.policy on cooperation with Federally-recognized Native American 

Tribal Governments in a report to the Commission in the future, 

when NRC resources· are more available to develop and implement such a policy without impact on other Commission priorities and 

when the staff identifies a clear need for interactions with a 

larger number of Native American Tribal Governments. 

(SP) . 9600176 

The staff should continue to implement the spirit and letter of 

the President's 1994 guidance to ensure that the rights of 

sovereign Tribal governments are fully respected and to operate 

within a government-to-government relationship with Federally- recognized Native American Tr~bes. (SP) 

Commissioner Dicus did not approve the staff recommendation to 

not develop a formal policy regarding relations with Native 

American Tribal Governments and would have preferred that the 

staff proceed with development of a formal policy on this issue. 

cc: Chairman Jackson 

Commissioner Rogers 

Commissioner Dicus 

Commissioner Diaz 

Commissioner McGaffigan 

OGC 

OCA 

OIG 

Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)