ML20279A743

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OIG-18-A-10-Status of Recommendations: Audit of the U.S. Nuclear Regulatory Commission'S Consultation Practices with Federally Recognized Native American Tribal Governments Dated October 5, 2020
ML20279A743
Person / Time
Issue date: 10/05/2020
From: Baker B
NRC/OIG/AIGA
To: Margaret Doane
NRC/EDO
References
OIG-18-A-10
Download: ML20279A743 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 OFFICE OF THE INSPECTOR GENERAL October 5, 2020 MEMORANDUM TO: Margaret M. Doane Executive Director for Operations FROM: Dr. Brett M. Baker /RA/

Assistant Inspector General for Audits

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)

REFERENCE:

DIRECTOR, OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS, MEMORANDUM DATED SEPTEMBER 30, 2020 Attached is the Office of the Inspector Generals (OIG) analysis and status of recommendations as discussed in the agencys response dated September 30, 2020.

Based on this response, recommendation 2 remains open and resolved; however, recommendation 1 is now closed. Recommendations 3, 4, and 5 were previously closed. Please provide an updated status of the open and resolved recommendation by May 1, 2021.

If you have any questions or concerns, please call me at (301) 415-5915, or Mike Blair, Team Leader, at (301) 415-8339.

Attachment:

As stated cc: C. Haney, OEDO J. Jolicoeur, OEDO C. Cook, OEDO S. Miotla, OEDO RidsEdoMailCenter Resource OIG Liaison Resource EDO_ACS Distribution

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

Status of Recommendations 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.

Agency Response Dated September 30, 2020: Status In the Office of Nuclear Material Safety and Safeguards (NMSS) response memorandum to the OIG dated May 1, 2018 (ADAMS Accession No. ML18100B301), NMSS proposed to address Recommendation 1 by modifying MD 5.1 to provide guidance to include FSTB when working with Tribes and to clearly define FSTBs role and responsibilities with regard to Tribal outreach and consultation. FSTBs response also stated that the agency would develop a new TL-series procedure to provide additional detail on the FTSBs roles and responsibilities with respect to its Tribal Liaison function.

By memorandum dated June 4, 2018 (ADAMS Accession No. ML18155A563), OIG agreed to close Recommendation 1 after verifying that NRC 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.

By memorandum dated January 17, 2019 (ADAMS Accession No. ML18362A439), NMSS informed OIG that on August 29, 2018, the EDO provided the Nuclear Regulatory Commission (NRC) Chairman a revision to MD 5.1. In this memorandum NMSS also provided a link to TR-100 Tribal Liaisons Roles and Responsibilities (ADAMS Accession No. ML18275A329). The link to TR-100 was provided to fulfill NMSSs commitment to develop a new TL-series procedure.

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

Status of Recommendations Recommendation 1 (cont.):

In the most recent OIG response memorandum of April 6, 2020 (ADAMS Accession No. ML20097E940), the OIG indicated that the proposed actions meet the intent of Recommendation 1 and the recommendation would be closed after verifying that the Chairman has approved the revisions to MD 5.1.

On July 6, 2020, the NRCs Chairman approved MD 5.1 Consultation and Coordination with Governments and Indian Tribes (2020) (ADAMS Accession No. ML112351312).

Based on the above information, we request that Recommendation 1 be closed.

OIG Analysis: OIG confirmed the Chairmans approval of the revisions made to MD 5.1 on July 6, 2020. Though FSTB was formally dissolved, the updated MD 5.1 defines the roles and responsibilities of the NMSS Tribal Liaisons. It also states that the tribal liaisons are to implement NMSSs responsibilities related to the NRCs program of cooperation and liaison with federally recognized Indian Tribes; serve as the primary points-of-contact for federally recognized Indian Tribes; and Conduct Tribal liaison activities as directed by the DEDM. OIG agrees that the updated MD meets the intent of the recommendation; therefore, this recommendation is now closed.

Status: Closed.

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

Status of Recommendations Recommendation 2: Update NRC office procedures to include more specific direction on how to coordinate with FSTB and how to work with Tribes.

Agency Response Dated September 30, 2020: We are continuing to work with our internal stakeholder offices to update office-specific procedures and guidance documents to address Recommendation 2.

OIG Analysis: The proposed actions meet the intent of the recommendation. OIG will close the recommendation after verifying that NRC has finished updating office-specific procedures/guidance documents, including applicable Management Directives, that coincide with TR-100, and include more specific direction on how to coordinate with FSTB and how to work with Tribes.

Status: Open: Resolved.