ML18362A439

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OEDO-18-00278 Ticket - Status of Recommendations: Audit of the U.S. Nuclear Regulatory Commission'S Consultation Practices with Federally Recognized Native American Tribal Governments (OIG-18-A-10)
ML18362A439
Person / Time
Issue date: 01/17/2019
From: Dapas M
Office of Nuclear Material Safety and Safeguards
To: Baker B
NRC/OIG/AIGA
J. Firth
Shared Package
ML18158A574 List:
References
OEDO-18-00278, OIG-18-A-10
Download: ML18362A439 (5)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 17, 2019 MEMORANDUM TO: Dr. Brett M. Baker Assistant Inspector General for Audits Office of the Inspector General FROM: Marc L. Dapas, Director Office of Nuclear Material Safety /RA/

and Safeguards

SUBJECT:

STATUS OF RECOMMENDATIONS: AUDIT OF THE U. S. NUCLEAR REGULATORY COMMISSIONS CONSULTATION PRACTICES WITH FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBAL GOVERNMENTS (OIG-18-A-10)

In its June 4, 2018, memorandum to the Executive Director for Operations (EDO) (Agencywide Document Access and Management System [ADAMS] Accession No. ML18155A563), the Office of the Inspector General (OIG) provided its analysis of the staffs response to the recommendations in the OIGs Audit of NRCs Consultation Practices With Federally Recognized Native American Tribal Governments (OIG-18-A-10) (ADAMS Accession No. ML18094A267). Consistent with your request in that memorandum, a status for the four resolved recommendations are provided as follows:

Recommendation 1:

Update MD [Management Directive] 5.1 to include FSTB [Federal, State, and Tribal Liaison Branch] when working with Tribes. The guidance should also clearly define FSTBs role and responsibilities with regard to Tribal outreach and consultation.

The OIG indicated that this recommendation would be closed after it verified that the NRC staff has revised MD 5.1 to include FSTB and developed a new TL-series procedure to provide additional detail on the roles and responsibilities for FSTB and the FSTB Tribal liaisons.

Status The staff updated MD 5.1, Coordination and Consultation with States and Indian Tribes, to include the responsibilities of the FSTB Tribal liaisons. The EDO provided MD 5.1 to the NRC Chairman on August 29, 2018.

The Office of Nuclear Material Safety and Safeguards (NMSS) staff developed a new procedure, TR-100 Tribal Liaison Roles and Responsibilities ADAMS Accession No.

CONTACT: James Firth, NMSS/MSST/FSTB 301-415-6628

B. Baker ML18275A329), which provides detailed, specific information on the roles and responsibilities of the Tribal liaisons. TR-100 was approved on December 19, 2018.

Contact:

James Firth james.firth@nrc.gov 301-415-6628 Recommendation 2:

Update NRC office procedures to include more specific direction on how to coordinate with FSTB and how to work with Tribes.

The OIG indicated that this recommendation would be closed after it verified that the NRC staff has developed the new TL-series procedure to include instructions on coordinating with FSTB and working with the Tribal liaisons; provided training to staff who interact with Tribes; and finished updating office-specific procedures/guidance documents.

Status The staff developed a new procedure, NMSS TR-100 Tribal Liaison Roles and Responsibilities (ADAMS Accession No. ML18275A329), which provides detailed, specific information on the roles and responsibilities of the Tribal liaisons and how the NRC program staff can coordinate with the Tribal liaison staff. TR-100 was approved on December 19, 2018.

The staff provided two training sessions for NRC project managers and other NRC staff who interact with Tribes (Interactions with Tribal Governments: Staff Support & Other Resources iLearn Course ID_413163). This training occurred on September 25, 2018, and September 27, 2018. The training included how to coordinate with the FSTB Tribal liaisons and discussed available resources. An announcement for the training and the iLearn course description are enclosed.

The updates to office procedures and guidance are in progress. The target date for completing these updates remains March 2020.

Contact:

James Firth james.firth@nrc.gov 301-415-6628 Recommendation 3:

Require all staff and management that may interact with Tribes to take Tribal relations training, as well as any other relevant training courses related to Tribes.

The OIG indicated that this recommendation would be closed after it verified that the NRC staff has obtained approval to require employees to complete the cultural sensitivity training and the identified pool of NRC employees has completed the training.

Status On June 21, 2018, the staff obtained approval from the Human Capital Council to require staff and management who interact with Tribes to complete cultural sensitivity training. The Human Capital Council approved assigning the training to NRC staff and managers that were identified in consultation with the offices and regions. The Tribal Cultural Sensitivity

B. Baker Training was assigned to 310 managers and staff. As of January 7, 2019, 98.4 percent of the staff and managers who were assigned the training had completed it.

Contact:

James Firth james.firth@nrc.gov 301-415-6628 Recommendation 4:

Develop and implement a qualification program that assures the minimum level of skills and knowledge required for each FSTB staff member to effectively interact with Tribes and other NRC staff.

The OIG indicated that this recommendation would be closed after it verified that the NRC staff has defined and documented the minimum level of knowledge and necessary skills for the FSTB Tribal liaison staff, identified skill gaps of the existing FSTB Tribal liaison staff, and ensured that current staff have completed the necessary training.

Status The NRC staff informed the OIG that it would take the following actions:

1. Define and document the minimum level of knowledge and skills necessary to fulfill FSTBs roles and responsibilities for Tribal outreach and consultation.
2. Identify skill gaps of existing FSTB Tribal liaison staff.
3. Current staff will complete the identified training that is necessary to close any gaps in knowledge or skills.

On July 31, 2018, the set of minimum knowledge and skills that would enable the Tribal liaisons to fulfill their roles and responsibilities for Tribal outreach and consultation was defined, documented, and conveyed to the Director of the Division of Materials Safety, Security, State, and Tribal Programs, NMSS. The FSTB Branch Chief also identified skill gaps for the existing FSTB Tribal liaison staff.

The two Tribal liaisons that were onboard during the audit have completed the training necessary to acquire the minimum knowledge, skills, and experience using the available guidance, and hence, the gaps identified in the FSTB Branch Chiefs analysis for these two Tribal liaisons have been addressed. There is one new Tribal liaison staff member that has joined FSTB subsequent to the completion of the OIG audit. The required minimum level of knowledge, skills, and experience is being acquired by this new Tribal liaison member using the available guidance.

The staff plans to develop additional guidance as part of the infrastructure for the Tribal liaison program to ensure the consistent and effective implementation of the advance notification program. This forthcoming guidance would formally document the staffs current practices for allowing Federally recognized Indian Tribes to participate in the advance notification program. The Tribal liaisons who were onboard during the audit have the required knowledge of the advance notification program requirements for Tribes to participate in the advance notification program. Once the guidance is developed, the Tribal liaisons will be required to read it to ensure their understanding. The absence of the

B. Baker approved guidance is not considered to adversely affect the ability of the current Tribal liaisons to fulfill their responsibilities for Tribal outreach and consultation.

Contact:

James Firth james.firth@nrc.gov 301-415-6628

Enclosures:

1. Interactions with Tribal Governments:

Staff Support & Other Resources (Announcement)

2. Interactions with Tribal Governments:

Staff Support & Other Resources (iLearn course description)

ML18158A574 (Package) Memo ML18362A439 OFFICE NMSS/MSST NMSS/MSST NMSS/MSST Tech Ed NMSS NAME JFirth DMarcano AKock CGoode MDapas DATE 12/31/18 01/02/19 1/8/19 1/11/19 1/17/19