ML23184A123

NRC Tribal Liaison Program

ML23184A123
Person / Time
Issue date:	06/07/2023
From:	Vechioli-Feliciano L NRC/NMSS/DMSST
To:
References
Download: ML23184A123 (1)

Text

NRC Tribal Liaison Program Lucieann Vechioli Feliciano 2023 National State Liaison Officer Conference June 7, 2023

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Background===

• In 2017, the NRC published the Tribal Policy Statement, which is centered on the following principles:

• The NRC recognizes the Federal trust relationship with and will uphold its trust responsibility to Tribal Nations

• The NRC recognizes and is committed to a government-to-government relationship with Tribal Nations

• The NRC will conduct outreach to Tribal Nations

• The NRC will engage in timely consultation, as applicable

• The NRC will coordinate with other Federal agencies, as applicable

• The NRC will encourage participation by State-recognized Tribes

• These principles guide the NRCs government to government interactions with the Tribal Nations

• The NRC does its part in implementing this duty in the context of our jurisdiction and in honoring treaties

Trust Responsibility to Tribes

• U.S. has a Trust Responsibility to protect Tribal treaty rights, lands, Tribal assets, and resources

• The U.S. Constitution recognizes four Sovereign governmental entities.

U.S.

Foreign State

• NRC fulfills its Trust Responsibility

• through implementation of the principles of the Tribal Policy Statement

• by providing protections under its implementing regulations, and

• through recognition of additional obligations consistent with other applicable treaties and statutory authorities

NRC Tribal Liaison Program The Office of Nuclear Material Safety and Safeguards (NMSS) manages the NRC Tribal Liaison Program Existing guidance:

• Tribal Protocol Manual

• Manage Directive 5.1 Consultation and Coordination with Governments and Indian Tribes

• TR-100 Tribal Liaison Roles and Responsibilities Tribal Liaisons Regional State Liaison Officers (RSLO)

The importance of this program and relationship comes with the fact that many Tribal Nations are impacted by the NRCs regulatory activities.

Tribal Nations & Reactor Facilities But Tribal Lands are vast and wide.as are NRC licensed activities!

How does the NRC interact with Tribes?

• Interaction with Tribes can take many different forms. Interactions may be verbal or written, and meetings can be remote. Examples:

• Outreach

• Consultation

• Coordination

• Training

• Information Exchanges

• Examples of NRC Tribal engagements

• Agreement States

• Rulemaking

• Low Level Waste Disposal

• Operating Reactors and New Reactors

• License Renewal

Consultation

• Required by NHPA National

• NRC consults with Tribes for regulatory Historic activities that meet the definition of a Preservation federal undertaking that has potential to Act Section affect historic properties.

106

• NEPA - NUREG 1555, NUREG 1748

• Flexibility to engage in consultation on issues that have direct effect on a Tribe but would not trigger a requirement for Tribal Policy consultation under the NHPA as a federal Statement undertaking.

• Tribes can request consultation under TPS.

• Consultation guidance is in the planning.

NRCs Tribal Consultation Information Tool ( ML23019A328)

NRC Tribal Program Contacts NRC Website

• Regional State/Government https://tribal.nrc.gov/ Liaison Officers

• Doug Tifft, Region I

• Kevin Williams, Director Kevin.Williams@nrc.gov

• John Pelchat, Region II (301) 415-3340

• Allan Barker & Harral Logaras, Region III

• Booma Venkataraman, Chief

• Ryan Alexander, Region Booma.Venkataraman@nrc.gov IV (301) 415-2934

• NRCs Tribal Program Team Tribal_Outreach.Resource@nrc.gov

Background slides Additional References

• Tribal Toolbox Website

• https://tribal.nrc.gov/

• Tribal Policy Statement (82 FR 2402)

• https://www.nrc.gov/about-nrc/state-tribal/tps.html

• Tribal Protocol Manual

• https://www.nrc.gov/about-nrc/state-tribal/tpm.html

• Key Difference in Tribal Consultation between the National Historic Preservation Act Section 106 and the NRCs Tribal Policy Statement

• NRCs Tribal Consultation Information Tool ( ML23019A328)

• Tribal Advance Notification (of Spent Nuclear Fuel Shipments)

• https://www.nrc.gov/about-nrc/state-tribal/tribal-advance-notification.html

License Reviews

• The NRC also upholds the statutory obligation to consult with Federally recognized Tribes under Section 106 of the National Historic Preservation Act, which is intended to protect historic properties that may be affected by a Federal undertaking.