71136 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 

Document 

ADAMS Accession No./ 

Web link/Federal 

Register citation 

Tribal Protocol Manual: Guidance for NRC Staff, Revision 1. ........................................................................................... ML14274A014 

Tribal Protocol Manual: Guidance for NRC Staff — Comment Responses ....................................................................... ML14297A280 

Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments,’’ November 9, 2000 ............. 65 FR 67249 

Presidential Memorandum for the Heads Executive Departments and Agencies, ‘‘Tribal Consultation,’’ November 5, 

2009.

74 FR 57881 

SECY–09–0180, U.S. Nuclear Regulatory Commission Interaction with Native American Tribes .................................... ML092800263 

SRM–M081211, Staff Requirements—Briefing on Uranium Recovery, 9:30 a.m. and 1:30 p.m., Thursday, December 

11, 2008, Commissioners’ Conference Room, One White Flint North, Rockville, Maryland (Open to Public Attendance).

ML090080206 

STAFF REQUIREMENTS—SECY–14–0006—TRIBAL CONSULTATION POLICY STATEMENT AND PROTOCOL .... ML14240A083 

Tribal Protocol Manual: Guidance for NRC Staff (October 2012) ...................................................................................... ML12261A423 

Dated at Rockville, Maryland, this 3rd day 

of November 2014. 

For the Nuclear Regulatory Commission. 

Laura A. Dudes, 

Director, Division of Material Safety, States, 

Tribal, and Rulemaking, Office of Nuclear 

Material Safety and Safeguards. 

[FR Doc. 2014–27324 Filed 11–28–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2012–0235] 

Tribal Policy Statement 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed policy statement; 

request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is making available 

for public comment the proposed Policy 

Statement, ‘‘NRC Tribal Policy 

Statement.’’ The proposed policy 

statement establishes principles to be 

followed by the NRC to ensure effective 

government-to-government interactions 

with American Indian and Alaska 

Native Tribes, and to encourage and 

facilitate Tribal involvement in the areas 

over which the Commission has 

jurisdiction. The NRC is committed to 

an open and collaborative regulatory 

environment in the development and 

implementation of activities that have 

Tribal implications and welcomes 

comments as a means of fostering 

meaningful consultation and 

coordination with Indian Tribes. 

DATES: Submit comments on the 

proposed Tribal Policy Statement by 

March 31, 2015. Comments received 

after this date will be considered if it is 

practical to do so, but the NRC is able 

to assure consideration only for 

comments received on or before this 

date. 

ADDRESSES: You may access information 

and submit comments related to this 

document by any of the following 

methods (unless this document 

describes a different method for 

submitting comments on a specific 

subject): 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID: NRC–2012–0235. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3442; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch, Office of 

Administration, Mail Stop: 3WFN–06– 

44M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

For additional direction on accessing 

information and submitting comments, 

see ‘‘Accessing Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Ryan, telephone: 630–829– 

9724, email: Michelle.Ryan@nrc.gov; or 

Haimanot Yilma, telephone: 301–415– 

8029, email: Haimanot.Yilma@nrc.gov; 

both of the Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting 

Comments 

II. Background 

III. Discussion 

IV. Summary of Public Comments on the 

Proposed Policy Statement and NRC 

Staff Responses to the Comments 

V. Proposed Tribal Policy Statement 

I. Accessing Information and 

Submitting Comments 

A. Accessing Information 

Please refer to Docket ID: NRC–2012– 

0235 when contacting the NRC about 

the availability of information regarding 

this document. You may access 

publicly-available information related to 

this document by any of the following 

methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID: NRC–2012–0235. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at: http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. NRC’s PDR: 

You may examine and purchase copies 

of public documents at the NRC’s PDR, 

Room O1–F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. 

B. Submitting Comments 

Please include Docket ID: NRC–2012– 

0235 in the subject line of your 

comment submission in order to ensure 

that the NRC is able to make your 

comment submission available to the 

public in this docket. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 


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1The NRC’s proposed policy statement is 

intended only to improve the internal management 

of the Commission, and 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. This Tribal 

Policy Statement does not alter, amend, repeal, 

interpret, or modify Tribal sovereignty, any treaty 

rights of any Indian Tribes, or preempt, modify, or 

limit the exercise of such rights. Nothing herein 

shall be interpreted as amending or changing the 

Commission’s regulations. 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment submissions into 

ADAMS. 

II. Background 

The purpose of this proposed Tribal 

Policy Statement is to establish 

principles to be followed by the NRC to 

ensure effective government-togovernment interactions with Indian 

Tribes and to encourage and facilitate 

Tribal involvement in the areas over 

which the Commission has jurisdiction. 

The NRC licenses and regulates the 

Nation’s civilian use of radioactive 

materials to protect public health and 

safety, common defense and security, 

and the environment under the Atomic 

Energy Act of 1954, as amended (AEA) 

(42 U.S.C. 2011). Other statutory 

provisions, such as the National Historic 

Preservation Act (NHPA) (16 U.S.C. 470) 

and National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321), require Tribal 

consultation as part of the NRC’s 

evaluation of agency activities during 

licensing actions, rulemaking, or policy 

development. The NRC complies with 

statutory provisions that require Tribal 

consultation, and interacts with Tribal 

governments on a case-by-case basis. 

• In November of 2000, President 

Clinton issued Executive Order (E.O.) 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ (65 

FR 67249). The Order established the 

legal principles below to guide agencies 

when forming and implementing 

policies with potential Tribal 

implications. 

• The United States has a unique 

legal relationship with Indian Tribal 

governments as set forth in the 

Constitution of the United States, 

treaties, statutes, E.O.s, and court 

decisions. The Federal Government 

recognizes Indian Tribes as domestic 

dependent nations under its protection 

and has enacted statutes and 

promulgated regulations that establish 

and define a trust relationship with 

Indian Tribes. 

• The Federal Government has 

recognized the right of Indian Tribes to 

self-government with inherent sovereign 

powers over their members and territory 

and supports Tribal sovereignty and 

self-determination. The United States 

continues to work with Indian Tribes on 

a government-to-government basis to 

address issues concerning Tribal selfgovernment, Tribal trust resources, and 

Indian Tribal treaty and other rights. 

E.O. 13175 states that ‘‘ ‘Policies that 

have tribal implications’ refers to 

regulations, legislative comments, or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes.’’ 

As an independent regulatory agency, 

the NRC is exempt from the 

requirements of EO 13175. However, in 

January 2001, the Commission sent 

correspondence to the Office of 

Management and Budget stating that ‘‘in 

exercising its regulatory authority, this 

agency acts in a manner consistent with 

the fundamental precepts expressed in 

the Order [(EO 13175)].’’ To that end, 

the Commission has adopted agency 

practices that ensure consultation and 

cooperation with Indian Tribal 

governments fully consistent with both 

President Clinton’s 1994 guidance and 

with EO 13175’’ (ADAMS Accession No. 

ML010260297). 

In January of 2009, the Commission 

directed the staff to develop and 

implement an internal protocol for 

interaction with Native American Tribal 

Governments that would allow for 

custom tailored approaches to address 

both the NRC and Tribal interests on a 

case-by-case basis in a Staff 

Requirements Memorandum (SRM) for 

the December 2008 ‘‘Briefing on 

Uranium Recovery,’’ SRM–M081211 

(ADAMS Accession No. ML090080206). 

The Commission also tasked the staff 

with preparing an assessment of the 

policies that other Federal agencies have 

developed for interactions with Tribal 

governments. The staff responded to 

this Commission direction in SECY–09– 

0180, ‘‘U.S. Nuclear Regulatory 

Commission Interaction with Native 

American Tribes’’ (ADAMS Accession 

No. ML092920384). In this document, 

the staff provided a protocol for NRC 

Tribal interaction, assessed other 

Federal agency Tribal policies, and 

examined the effectiveness of the NRC’s 

case-by-case approach to Tribal 

interaction. The staff also developed the 

NRC Tribal Protocol Manual as an 

internal protocol for interacting with 

Tribal governments (ADAMS Accession 

No. ML092990559). At that time, the 

staff concluded that formalizing the 

NRC’s practices would not enhance its 

interactions with Tribal governments. 

Current NRC Practices for Interactions 

With Tribes 

Numerous Federally recognized 

Tribes have an interest in public health 

and safety and environmental protection 

associated with NRC regulatory 

activities that include uranium recovery 

and nuclear power plant licensing, and 

radioactive material transportation and 

disposal, and spent fuel storage. The 

NRC exercises its trust relationship or 

fiduciary duty in the context of its 

authorizing statutes, including the AEA, 

and implements its responsibilities 

through assuring that Tribal members 

receive the same protections under 

regulations that are available to other 

persons. Under the NRC’s case-by-case 

approach to Tribal interaction, the NRC 

or Tribal governments can request 

consultation on regulatory activities that 

have substantial direct Tribal 

implications. The NRC’s policy is to 

consult on a government-to-government 

basis with Tribal governments 

consistent with its obligations under 

law and regulation 1 at the earliest stage 

possible in NRC regulatory actions with 

Tribal implications. 

III. Discussion 

Within the context of this discussion, 

the following definitions will apply 

unless otherwise indicated: 

Consultation refers to meaningful and 

timely discussion with Tribal 

governments on NRC regulatory actions 

that have substantial direct effects on 

one or more Indian Tribes. The 

Consultation process may include, but 

is not limited to, providing for mutually 

agreed protocols, timely 

communication, coordination, 

cooperation, and collaboration to 

provide opportunities for appropriate 

Tribal officials or representatives to 

meet with NRC management or staff. 

Indian Tribe means any American 

Indian or Alaska Native Tribe, Band, 

Nation, Pueblo or other organized group 

or community that the Secretary of the 

Interior acknowledges to exist as an 

Indian Tribe pursuant to the Federally 

Recognized Indian Tribe List Act of 

1994 (25 U.S.C. 479a). 


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Regulatory Actions with Tribal 

Implications refers to regulations, 

legislative comments or proposed 

legislation, and other policy statements 

or actions including licensing and 

permitting that have substantial direct 

effect on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Tribal Official means an elected, 

appointed, or designated official or 

employee of an Indian Tribe or 

authorized intertribal organization. 

Trust Responsibility refers to a 

fiduciary obligation 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. In several cases discussing the 

trust responsibility, the Supreme Court 

has used language suggesting that it 

entails legal duties, moral obligations, 

and the fulfillment of understandings 

and expectations that have arisen over 

the entire course of the relationship 

between the United States and the 

Federally recognized Tribes. The NRC 

exercises its fiduciary duty in the 

context of its authorizing statutes 

including AEA, the Energy 

Reorganization Act of 1974, as 

amended, the Nuclear Waste Policy Act 

of 1982, as amended, the Low-Level 

Radioactive Waste Policy Act of 1985, 

the Uranium Mill Tailings Radiation 

Control Act of 1978, as amended, and 

the Energy Policy Act of 2005, as 

amended, and implements its 

responsibility by assuring that Tribal 

members receive the same protections 

under its implementing regulations that 

are available to other persons. 

In May 2012, the Commission issued 

SRM–COMWDM–12–0001, ‘‘Tribal 

Consultation Policy Statement and 

Protocol’’ (ADAMS Accession No. 

ML121430233), directing the NRC staff 

to provide a proposed Policy Statement 

and protocol on consultation with 

Tribal governments. The Commission 

also directed staff to do the following: 

(1) Use the existing, ‘‘Tribal Protocol 

Manual: Guidance for NRC Employees,’’ 

and the staff’s ongoing efforts outlined 

in SECY–09–0180 as a starting point; (2) 

seek input on how to improve the 

existing manual from the Tribes and the 

public; (3) ensure that the policy 

statement clearly articulates that the 

NRC’s actions must be in accordance 

with its governing statutes and 

regulations; (4) ensure that the policy 

statement and protocol respect and 

reflect sensitivity between Indian Tribes 

who are Federally recognized and those 

who are not; (5) ensure that the policy 

statement and protocol indicate that the 

NRC will outreach to State-recognized 

Tribes on a case-by-case basis; (6) 

explore additional opportunities for 

State-recognized Tribes to participate in 

the NRC regulatory process; and (7) 

make the protocol prominently available 

on the NRC’s public Web site. The 

Commission also specified that the 

proposed policy statement should serve 

as a high-level foundation for the 

protocol and should echo the language 

and spirit of the relevant Presidential 

Memoranda and EOs. 

On October 12, 2012 (77 FR 62269), 

the NRC solicited public comment on its 

existing revised Tribal Protocol Manual 

and requested suggestions for the 

development of a proposed Policy 

Statement that will establish principles 

to be followed by the NRC to ensure 

effective government-to-government 

interactions with Indian Tribes and to 

encourage and facilitate involvement by 

Indian Tribes in the areas over which 

the Commission has jurisdiction. The 

public comment period was open for 

180 days; and the NRC received six 

comment letters from two Tribal 

governments, two mining associations, 

one inter-Tribal organization, and a 

Tribal college. The staff has developed 

a proposed Tribal Policy Statement and 

revised the NRC Tribal Protocol Manual 

considering those comments. The 

Commission is currently seeking public 

comments on the proposed Tribal Policy 

Statement. The NRC is also seeking 

public comment on the Tribal Protocol 

Manual in a separate notice published 

concurrently in this issue of the Federal 

Register. 

In 2014, the NRC intends to publish 

the revised Tribal Protocol Manual 

along with the public comments 

received on the prior version of that 

document. Once the Commission 

approves the final Tribal Policy 

Statement, the NRC will make 

conforming changes to the Tribal 

Protocol Manual, as appropriate, and 

reissue the Manual concurrently with 

the final Policy Statement. The 

summary of public comments to the 

proposed Tribal Policy Statement and 

the NRC responses to those comments 

are provided below. 

IV. Summary of Public Comments and 

Responses to Comments 

The NRC solicited suggestions 

regarding the development of the 

proposed Tribal Policy Statement by 

posing the following questions: (1) How 

can the NRC strengthen government-togovernment relationships with Native 

American Tribes? (2) What practices 

have the NRC or other Federal agencies 

employed that have been effective in 

identifying Tribal interests and 

resolving Tribal concerns about 

proposed agency actions? (3) Are there 

specific Tribal Policy Statements from 

other Federal agencies that could serve 

as a starting point for the NRC’s efforts? 

(4) What unique Tribal issues should 

the NRC be aware of as a nonlandholding, regulatory agency that 

issues licenses under the Atomic Energy 

Act? Comments and responses related to 

these questions are listed below. 

Comments submitted that related to the 

Tribal Protocol Manual, but were useful 

to the development of the proposed 

Tribal Policy Statement, were also 

considered. 

1. How can NRC strengthen governmentto-government relationships with Native 

American Tribes? 

Comment 1.1. Commenters suggested 

that the NRC may improve its 

government-to-government relationship 

with Tribes by developing a Tribal 

policy statement and engaging in regular 

dialogue with Tribes. 

Response 1.1. The NRC agrees with 

this comment. Current staff efforts have 

centered on revising the NRC’s Tribal 

Protocol Manual and developing an 

agency-wide Tribal Policy Statement for 

Commission approval. 

The proposed Tribal Policy Statement 

recognizes the need for the NRC to seek 

out opportunities to engage Tribal 

officials regarding specific regulatory 

actions. The Policy Statement also 

recognizes that general outreach may be 

accomplished through NRC 

participation in Tribal meetings that are 

held by the NRC’s governmental 

partners and through other fora. The 

proposed Tribal Policy Statement also 

underscores the NRC’s commitment to 

its government-to-government 

relationship with Indian Tribes and 

reinforces the commitment through 

outreach and consultation. The 

proposed Tribal Policy Statement 

further underscores the NRC’s 

commitment to its relationship with 

Indian Tribes by identifying NRC 

management and staff members 

responsible for overseeing Tribal 

consultation efforts. 

Comment 1.2. Multiple comments 

centered on the importance of 

recognizing Tribal sovereignty and the 

unique legal status of Tribes as well as 

the Federal Trust relationship during 

the NRC’s interaction with Tribes. 

Commenters noted that Tribes retain 

inherent sovereignty and should be 

considered to be governmental partners 

rather than ‘‘stakeholders.’’ Commenters 

suggested that the NRC should 

recognize that Tribal governments have 


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primary authority and responsibility for 

the protection of the health, safety, and 

welfare of their citizens and should be 

part of the government-to-government 

consultation process with respect to 

agency actions that may impact the 

citizens or lands of Indian Tribes. 

Response 1.2. The NRC agrees with 

this comment. The Commission 

recognizes Tribal sovereignty and 

demonstrates a commitment to 

government-to-government relations 

with Federally recognized Tribes, 

upholding the spirit of EO 13175. 

Congress authorized the Federal 

government to regulate specified 

radioactive materials to protect public 

health and safety and common defense 

and security in the Atomic Energy Act 

of 1954. The NRC has regulatory 

authority over these radioactive 

materials in areas of exclusive Federal 

jurisdiction including Tribal 

reservations. However, the NRC 

exercises this regulatory authority in a 

manner consistent with the fundamental 

precepts expressed in EO 13175 and 

supports establishing regular and 

meaningful consultation and 

collaboration with Tribal officials in the 

development of Federal policies that 

have substantial direct effects on one or 

more Indian Tribes. 

Comment 1.3. One comment 

suggested that the NRC should formally 

define the Federal Trust responsibility 

in detail. 

Response 1.3. The NRC agrees with 

this comment with respect to defining 

the NRC’s Federal Trust responsibility 

towards Indian Tribes. The proposed 

Tribal Policy Statement reflects the 

NRC’s recognition of the Federal Trust 

relationship and the NRC’s commitment 

to a government-to-government 

relationship with Federally recognized 

Tribes with respect to agency actions 

that have substantial direct effects on 

one or more Indian Tribes. 

The NRC exercises its fiduciary duty 

in the context of its authorizing statutes, 

including the AEA, and implements any 

fiduciary responsibility by assuring that 

Tribal members receive the same 

protections under regulations 

implemented by the NRC that are 

available to other persons. The NRC will 

seek to consult with Indian Tribes on 

agency actions that have substantial 

direct effects on one or more Indian 

Tribes. Related staff guidance can be 

found in NRC Management Directive 

5.1, ‘‘Intergovernmental Consultation,’’ 

which ensures that major interagency 

agreements, major organizational 

changes, significant rules and 

regulations, statements of policy, guides 

and standards, and major studies 

developed by the NRC that significantly 

impact Indian Tribes are prepared with 

appropriate involvement and 

meaningful consultation with Indian 

Tribes at the earliest possible stage 

(ADAMS Accession No. ML041770442). 

Comment 1.4. One comment noted 

that the NRC should provide 

refreshments during meetings with 

Tribes. 

Response 1.4. The NRC recognizes 

that providing refreshments during 

gatherings or meetings may be 

customary in some Native American 

cultures. Under Federal law, however, 

food and refreshments are generally 

considered to be personal expenses that 

cannot be purchased using Federal 

funds. The Commission must comply 

with Federal law pertaining to the 

provision of food or refreshments at 

meetings. 

2. What practices have the NRC or other 

Federal agencies employed that have 

been effective in identifying Tribal 

interests and resolving Tribal concerns 

about proposed agency actions? 

Comment 2.1. One commenter 

suggested that the NRC should utilize 

other Federal agencies in developing 

shared information tools to better 

communicate with Indian Tribes. 

Response 2.1. The NRC agrees with 

this comment and works closely with 

other Federal agencies and interagency 

working groups on Tribal initiatives. 

The NRC routinely collaborates with 

other Federal agencies regarding Tribal 

consultations and has a related 

Memorandum of Understanding with 

the U.S. Bureau of Land Management. 

Additionally, NRC staff examined Tribal 

policies in place at other Federal 

agencies during the development of the 

proposed Tribal Policy Statement. The 

proposed Tribal Policy Statement 

recognizes the importance of 

coordinating our Tribal consultation 

efforts with other Federal partners. 

3. Are there specific Tribal Policy 

Statements in other Federal agencies 

that could serve as a starting point for 

the NRC’s efforts? 

No commenters identified specific 

Federal agency policy statements that 

should serve as a starting point for the 

NRC Policy Statement. However, the 

NRC staff examined 15 other Federal 

agencies’ Tribal policies and used them 

as a basis for developing the proposed 

NRC Tribal Policy Statement. 

4. What unique Tribal issues should the 

NRC be aware of as a non-landholding, 

regulatory agency that issues licenses 

under the Atomic Energy Act? 

Comment 4.1. Commenters submitted 

suggestions related to unique Tribal 

issues that the NRC should consider 

during the development of the proposed 

Tribal Policy Statement. Commenters 

indicated that the NRC should recognize 

the distinction between Federally 

recognized and non-Federally 

recognized State Tribes and noted that 

the NRC should consider State Tribes 

and other means for identifying Tribes 

that ratified treaties. Additionally, 

commenters noted that the NRC should 

consider the dynamics of the State and 

Tribal relationship, including the 

application of State regulations and 

policies to Tribal communities. 

Response 4.1. The NRC agrees with 

this comment in part, acknowledges the 

unique relationship that exists between 

the Federal government and Federally 

recognized Tribes, and recognizes that 

this relationship is independent of any 

State recognition of Tribal sovereignty. 

The proposed Policy Statement 

identifies the distinction between 

Federal and State-recognized Tribes. 

This distinction is also reflected in the 

revised NRC Tribal Protocol Manual. 

However, the NRC cannot confer 

Federal recognition on non-Federally 

recognized State Tribes and defers to the 

Department of the Interior for such 

actions. With regard to State regulation 

and policies, typically land within the 

boundaries of Federally recognized 

Indian Tribe’s Reservations is an area of 

exclusive Federal jurisdiction for NRC 

regulatory purposes. 

Comment 4.2. Several comments 

stated the need for the NRC to 

understand the distinction between 

Tribal and Non-Tribal cultures, 

especially as they relate to energy 

development in Indian Country. 

Commenters suggested that the NRC 

should recognize that Tribal cultures 

vary from Tribe to Tribe and that some 

may place more emphasis than others 

on natural resources. Comments also 

suggested that the NRC should account 

for differences in culture related to the 

decision-making process on energy 

development issues, allowing for 

flexibility in scheduling and input from 

members of Indian Tribes. Commenters 

noted that the NRC should not only 

recognize Tribal laws and spiritual 

beliefs pertaining to the environment 

and natural resources but should also 

include discussions of risk assessment. 

Commenters suggested that the NRC 

should respect Tribal moratoriums and 

explicit concerns related to natural 

resource extraction on reservations or 

lands nearby. Commenters also 

suggested that the NRC should work 

with other local agencies and 

institutions to gain a better 

understanding of the complexities and 

uniqueness of each Indian Tribe. 


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2This Tribal Policy Statement is intended only to 

improve the internal management of the 

Commission, and 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. This Tribal 

Policy Statement does not alter, amend, repeal, 

interpret, or modify Tribal sovereignty, any treaty 

rights of any Indian Tribes, or preempt, modify, or 

limit the exercise of such rights. Nothing herein 

shall be interpreted as amending or changing the 

Commission’s regulations. 

Response 4.2. The NRC agrees with 

this comment and acknowledges that 

significant cultural differences may 

exist between Tribal and non-Tribal 

cultures and between the different 

Tribal cultures. This is reflected in staff 

guidance provided in the Tribal 

Protocol Manual, which identifies 

examples of cultural differences 

between Tribal and non-Tribal cultures 

and considerations for the NRC staff, 

including a recommendation to research 

Tribal history and current Tribal issues 

and concerns. 

The NRC recognizes the importance 

that some Indian Tribes may place on 

natural resources. This is reinforced in 

the proposed Policy Statement, which 

notes that the NRC will engage in 

consultation with Indian Tribes on NRC 

regulatory actions that have substantial 

direct effects on one or more Indian 

Tribes. 

The NRC recognizes that there may be 

differences in how the NRC staff and 

Tribes approach time and schedules 

during the decision-making process. 

The revised Tribal Protocol Manual has 

been updated to better reflect potential 

cultural differences with respect to 

agenda planning and scheduling. The 

NRC recognizes that Tribal elders and 

others knowledgeable about religious 

and cultural traditions can play an 

important role in the Tribal community 

during the decision-making process 

related to energy development and other 

important decisions. Chapter 2 of the 

Tribal Protocol Manual recognizes, 

‘‘Tribal sovereignty includes the Tribe’s 

right to reach decisions and conduct 

meetings however they wish,’’ and 

notes, ‘‘Elders are highly respected in 

Tribal communities, whether or not they 

hold an official position.’’ When the 

NRC engages in government-togovernment consultations, it does so 

with designated representatives of the 

Tribal government, but the NRC’s 

regulatory process allows additional 

opportunities for members of the Tribal 

community at large, along with other 

members of the public, to contribute 

comments and attend meetings. 

The NRC recognizes the Tribal views 

of natural resources and land impact 

decision-making related to energy 

development. Chapter 3 of the revised 

Tribal Protocol Manual notes that, 

‘‘Some Native Americans believe that all 

living things are interconnected and that 

the spiritual 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.’’ The Manual 

encourages the NRC staff to practice 

open communications, adaptability, and 

open-mindedness during interactions 

with Tribal members, including during 

risk assessment activities. With regard 

to Tribal moratoriums or concerns 

related to natural resource extraction, 

the NRC respects Tribal sovereignty and 

the Tribe’s right to control the lands that 

are within their regulatory jurisdiction. 

The NRC licensees must obtain 

necessary permits or licenses from 

Federal, State, local or Tribal 

governments, as applicable, before 

operating under a NRC license. It is the 

NRC’s practice to work closely with the 

Tribes, other Federal agencies and 

interagency working groups on Tribal 

initiatives to gain knowledge of Tribal 

cultures, beliefs, and environmental 

concerns. 

V. Proposed Tribal Policy Statement 

This section includes the proposed 

language in its entirety for the proposed 

Tribal Policy Statement, as follows. 

The purpose of this proposed Tribal 

Policy Statement is to set forth 

principles to be followed by the U.S. 

Nuclear Regulatory Commission (NRC) 

to ensure effective 

government-to-government 

interactions with American Indian and 

Alaska Native Tribes and to encourage 

and facilitate Tribal involvement in the 

areas over which the NRC has 

jurisdiction. It seeks to provide agencywide principles to achieve consistency 

but also encourage custom-tailored 

approaches to consultation and 

coordination that reflect the 

circumstances of each situation and the 

preference of each Tribal government. It 

is the NRC’s expectation that all 

program and regional office consultation 

and coordination practices will be 

consistent and adhere to the Tribal 

Policy Statement. This Tribal Policy 

Statement is based on the United States 

Constitution, treaties, statutes, 

Executive Orders (EOs), judicial 

decisions, and the unique relationship 

between Indian Tribes and the Federal 

government.2

The following principles shall guide 

the NRC’s interaction with Indian 

Tribes: 

1. The NRC Recognizes the Federal 

Trust Relationship and Will Uphold Its 

Trust Relationship With Indian Tribes 

As an independent agency of the 

Federal government, the NRC shares the 

unique trust relationship with, and 

responsibility to, Indian Tribes. At the 

same time, the NRC’s actions must be in 

accordance with its authorizing statutes 

and regulations. The NRC shall respect 

Indian Tribal self-government and 

sovereignty, will honor Tribal rights, 

and meet responsibilities that arise from 

the unique relationship between the 

Federal government and Indian Tribal 

governments. 

2. The NRC Recognizes and Is 

Committed to a Government-toGovernment Relationship With Indian 

Tribes 

The NRC recognizes the right of each 

Indian Tribe to self-governance and 

supports Tribal sovereignty and selfdetermination. The NRC recognizes 

Tribal governments as dependent 

domestic sovereign nations, 

independent from State governments, 

with separate and distinct authorities. 

3. The NRC Will Conduct Outreach to 

Indian Tribes 

The NRC will consult and coordinate 

with Indian Tribes, as appropriate, 

related to its regulatory actions with 

Tribal implications and will seek 

additional opportunities for general 

outreach. The NRC will participate in 

national and regional Tribal conferences 

and summits hosted by Federal agencies 

and Tribal organizations, and will seek 

Tribal representation in NRC meetings 

and advisory committees concerning 

NRC regulatory actions that have 

substantial direct effects on one or more 

Indian Tribes. 

4. The NRC Will Engage in Timely 

Consultation 

The NRC will provide timely notice 

to, and consult with, Tribal 

governments on NRC’s regulatory 

actions that have substantial direct 

effects on one or more Indian Tribes. 

Tribal officials may request that the 

NRC engage in government-togovernment consultation with them on 

matters that have not been identified by 

the NRC to have substantial direct 

effects on one or more Indian Tribes. 

The NRC will make efforts to honor 

such requests, taking into consideration 

the nature of the activity at issue, past 

consultation efforts, available resources, 

timing issues, and other relevant factors. 

The NRC will establish early 

communications and begin consultation 

at the earliest permissible stage, as 

appropriate. The NRC will consult in 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 71141 

3 In 2006, the Commission created the position of 

Deputy Executive Director for Materials, Waste, 

Research, State, Tribal and Compliance Programs 

(SECY–06–0125, ‘‘Proposed Reorganization of the 

Offices of Nuclear Material Safety and Safeguards 

and State and Tribal Programs’’ (ADAMS Accession 

No. ML061950452)). The position includes different 

responsibilities, including that of the Commission’s 

designated official for Tribal consultations. 

good faith throughout the agency 

decision-making process and develop 

and maintain effective communication, 

coordination, and cooperation with 

Indian Tribes. The NRC representative 

for consultations with Tribal officials or 

representatives will be of an appropriate 

rank of NRC representatives and level of 

interaction commensurate with the 

circumstances. The appropriate level of 

interaction will be determined by past 

and current practices, continuing 

dialogue between NRC and Tribal 

governments, and program office 

consultation procedures. 

5. The NRC Will Coordinate With Other 

Federal Agencies 

When the Commission’s action 

involves other Federal agencies, the 

NRC will perform its Tribal consultation 

jointly with other Federal agencies, as 

appropriate. 

6. The NRC Will Encourage 

Participation by State-Recognized 

Tribes 

The NRC recognizes the distinction 

between Indian Tribes who are 

Federally recognized and those who are 

not. The NRC will outreach to States to 

identify the appropriate Staterecognized Tribes to invite to participate 

in its regulatory process, including 

opportunities related to rulemaking, 

hearings, licensing, decommissioning, 

and enforcement. 

Designated Official and Tribal Liaisons 

The Deputy Executive Director for 

Materials, Waste, Research, State, Tribal 

and Compliance Programs serves as the 

NRC’s designated official for Tribal 

consultations.3 The designated official 

shall ensure that agency program 

personnel have considered the Tribal 

implications related to their 

responsibilities within the NRC’s scope 

of jurisdiction and shall facilitate 

meaningful and timely consultation and 

coordination concerning the 

development, administration, and 

enforcement of NRC’s regulatory actions 

that have substantial direct effects on 

one or more Indian Tribes. 

The designated official shall be 

supported by staff who have functional 

responsibility to serve as 

intergovernmental liaisons to Indian 

Tribes, under NRC Management 

Directive 5.1. These NRC Tribal liaisons 

will facilitate government-togovernment consultation by serving as 

the agency’s primary points of contact 

for Indian Tribes, coordinating with the 

appropriate office or personnel 

regarding programmatic inquiries, and 

facilitating the appropriate level of 

communication and exchange of 

information between Tribal officials and 

NRC staff. The Tribal liaisons shall also 

educate NRC staff about Tribal issues 

including cultural sensitivity and the 

Federal Trust Relationship. The 

designated official shall have the 

authority to delegate tasks to NRC Tribal 

liaisons as he/she deems fit. 

VI. Procedural Requirements 

Paperwork Reduction Act Statement 

This Policy Statement does not 

contain new or amended information 

collection requirements and, therefore, 

is not subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request protocol for information or 

an information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Dated at Rockville, Maryland, this 10th day 

of November, 2014. 

For the Nuclear Regulatory Commission. 

Rochelle C. Bavol, 

Acting, Secretary of the Commission. 

[FR Doc. 2014–27325 Filed 11–28–14; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF SCIENCE AND 

TECHNOLOGY POLICY 

Microsatellite Technologies for Civil 

Earth Observations 

ACTION: Notice of Request for 

Information (RFI). 

SUMMARY: The purpose of this Request 

for Information (RFI) is to solicit input 

from interested parties on: (1) The 

current and near-term state of 

microsatellite technologies, and (2) 

whether microsatellite systems will be 

capable of meeting current and future 

civil Earth-observing needs. 

Public input provided in response to 

this RFI will inform the Office of 

Science and Technology Policy (OSTP) 

as to the state of technologies associated 

with microsatellites to meet the Nation’s 

civil Earth observational requirements. 

DATES: Responses must be received by 

30 days from publication date to be 

considered. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Downloadable form/email: To aid 

in information collection and analysis, 

OSTP encourages responders to fill out 

the downloadable form located at 

http://www.whitehouse.gov/sites/

default/files/microsites/ostp/microsat_

rfi_final.pdf and email that form, as an 

attachment, to EarthObsStudy@

OSTP.gov. Please include 

‘‘Microsatellite Technologies for Civil 

Earth Observations’’ in the subject line 

of the message. 

• Fax: (202) 456–6071. 

• Mail: Office of Science and 

Technology Policy, 1650 Pennsylvania 

Avenue NW., Washington, DC 20504. 

Information submitted by postal mail 

should allow ample time for processing. 

Response to this RFI is voluntary. 

Respondents need not respond to each 

section of the RFI; however, they should 

clearly identify those sections to which 

they are responding by listing the 

corresponding number for each point 

listed below. Respondents must mark 

their responses as ‘‘Business 

Confidential’’ if responses contain 

information that is business proprietary, 

or commercial confidential information. 

OSTP will protect such information 

consistent with applicable law. 

Please note that the U.S. Government 

will not pay for response preparation, or 

for the use of any information contained 

in the response. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Stryker, 202–419–3471, 

tstryker@ostp.eop.gov, OSTP. 

SUPPLEMENTARY INFORMATION: 

Background 

In recent decades, the United States’ 

Earth-observing capacity has grown in 

scale and complexity, with multiple 

Federal agencies collecting information 

about the state of the Earth system. 

Earth observation systems consist of 

sensing elements that directly or 

indirectly collect observations of the 

Earth, measure environmental 

parameters, or survey biological or other 

Earth resources (such as land surface, 

biosphere, solid Earth, atmosphere, and 

oceans). The platforms carrying these 

sensing elements may be mobile or 

fixed, and are space-based, airborne, 

terrestrial, freshwater, or marine-based. 

Space-based observation systems have 

been used for decades to collect critical 

information used by the civil Earth 

observation community. The high 

vantage point afforded by Earth orbit 

provides the opportunity to conduct 


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