Daily Rules, Proposed Rules, and Notices of the Federal Government
In addition to the request for comments on the draft Tribal Protocol Manual, the NRC also seeks suggestions on the development of the proposed tribal consultation policy statement from tribal governments and organizations, the public, and other interested parties. The questions found in section II are offered for consideration. Respondents are not limited to these questions and are encouraged to submit any comments/feedback they think would benefit the NRC in developing a tribal consultation policy statement.
Please refer to Docket ID NRC-2012-0235 when contacting the NRC about the availability of information regarding this draft Tribal Protocol Manual or the proposed tribal consultation policy statement. You may access information related to these documents, which the NRC possesses and is publicly available, by any of the following methods:
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
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include 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.
In January 2009, the Commission directed the staff to develop an internal protocol for interactions with Native American tribal governments
As described in enclosure 1 to SECY-09-0180, the NRC has consulted with several tribes, including some instances of government-to-government meetings, regarding various NRC regulatory and licensing activities. The subjects of these actions have included reactor inspections of the Prairie Island Nuclear Generating Plant (PINGP) in Welsh, Minnesota, the renewal of PINGP's operating license, the proposed Yucca Mountain high-level waste repository in Nevada, uranium milling operations in New Mexico and Arizona, the potential placement of a power reactor in Galena, Alaska, and the reclamation of the Sequoyah Fuels Corporation site in Gore, Oklahoma. Recently, a heightened interest in uranium recovery development and new nuclear reactor construction has resulted in a significant increase in the number and complexity of consultations between the NRC and Native American tribes in order to address the obligations and requirements of Section 106 of the National Historic Preservation Act (NHPA).
The NHPA was enacted in 1966 to coordinate and support public and private efforts to identify, evaluate, and protect historic properties. Section 106 of the NHPA directs Federal agencies to consider the effects of their proposed actions on historic properties as a part of their decisionmaking process. Specifically, the regulations of the Advisory Council on Historic Preservation, which implement Section 106, set forth requirements for a Federal agency's consultation with Native American tribes.
In light of these increased interactions with Native American tribes and to improve communication with tribal governments, the Commission, by Staff Requirements Memorandum (COMWDM-12-0001), “Tribal Consultation Policy Statement and Protocol,” (ADAMS Accession No. ML121430233), dated May 22, 2012, directed the NRC staff to develop a proposed policy statement and protocol on consultation with Native American tribal governments. As a part of these efforts, the NRC staff identified minor revisions to the March 2010 “Tribal Protocol Manual: Guidance for NRC Employees,” and produced the draft Tribal Protocol Manual, dated September 2012. The NRC staff recognizes that additional changes to improve the draft Tribal Protocol Manual may be needed and is thus seeking public comment on the document in order to consider a broad range of experiences and perspectives on tribal interactions, including consultation and government-to-government meetings. Therefore, the NRC is requesting comments on the draft Tribal Protocol Manual and the development of a proposed tribal consultation policy statement from tribal governments and organizations, the public, and other interested parties. The questions in section III are intended to assist the NRC in developing an effective tribal consultation policy statement.
Tribal governments and organizations, the public, and other interested parties submitting comments are not limited to responding to the questions set forth below and are encouraged to submit any comments or other feedback they think would benefit the NRC in developing a tribal consultation policy statement.
• How can the NRC strengthen government-to-government relationships with Native American tribes?
• 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?
• Are there specific Tribal Policy Statements in other Federal agencies that could serve as
• A starting point for the NRC efforts?
• What unique tribal issues should the NRC be aware of as a non-landholding,
For the Nuclear Regulatory Commission.