ML20055E915
| ML20055E915 | |
| Person / Time | |
|---|---|
| Issue date: | 04/03/2020 |
| From: | Robert Lewis, John Lubinski Office of Nuclear Material Safety and Safeguards |
| To: | Baker B NRC/OIG |
| James Firth, NRC/NMSS, 415-6628 | |
| Shared Package | |
| ML19255F080 | List: |
| References | |
| OEDO-19-00436, OIG-18-A-10 | |
| Download: ML20055E915 (3) | |
Text
April 3, 2020 MEMORANDUM TO: Dr. Brett M. Baker Assistant Inspector General for Audits Office of the Inspector General FROM: John W. Lubinski, Director Office of Nuclear Material Safety Robert Digitally signed by Robert Lewis and Safeguards Lewis Date: 2020.04.03 15:14:16 -04'00'
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 September 10, 2019, memorandum to the Executive Director for Operations (Agencywide Document Access and Management System [ADAMS]Accession No. ML19253D308), the Office of the Inspector General (OIG) provided its analysis and status 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). In that memorandum, the OIG indicated that recommendations 1 and 2 are open: resolved. Consistent with your request in that memorandum, a status for the two resolved recommendations are provided as follows:
Recommendation 1:
Update Management Directive (MD) 5.1 to include Federal, State, and Tribal Liaison Branch (FSTB) 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 the proposed actions meet the intent of the recommendation and the recommendation would be closed after verifying that the Chairman has approved the revisions to MD 5.1 to include FSTB roles and responsibilities with regard to Tribal outreach and consultation for FSTB and the FSTB Tribal liaisons.
CONTACT: James Firth, NMSS/MSST 301-415-6628
B. Baker Status The staff updated MD 5.1. MD 5.1 is with the U.S. Nuclear Regulatory Commission (NRC)
Chairman for approval.
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 verifying that the NRC staff has finished updating office-specific procedures/guidance documents that coincide with TR-100 and include more specific direction on how to coordinate with FSTB and how to work with Tribes.
Status Updates are being made to office procedures and guidance to include more specific information on how to coordinate with the Materials Safety and Tribal Liaison Branch, where the Tribal liaison function is now located, and how to work with Indian Tribes. Interim Staff Guidance (NMSS-ISG-02), Guidance for Conducting the Section 106 Process of the National Historic Preservation Act for Uranium Recovery Licensing Actions (ADAMS Accession No. ML19212A753) have been completed. Although not an office procedure or guidance, the changes to MD 6.3, The Rulemaking Process (ADAMS Accession No. ML19211D136) are responsive to the OIG recommendations. LIC-203, Revision 4, Procedural Guidance for Categorical Exclusions, Environmental Assessments, and Considering Environmental Issues, is nearing completion. The revisions to NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, and NUREG-1555, Environmental Standard Review PlanStandard Review Plans for Environmental Reviews for Nuclear Power Plants, need to be completed.
As part of the change to the procedures, it is expected that the update to MD 8.2, NRC Incident Response Program, would include changes responsive to the OIGs recommendation.
Subsequently, a new target date of January 2023 for completing these updates has been established. This new target date corresponds to the update of MD 8.2. Although MD 8.2 is not an office procedure or guidance, it has been determined that the next revision to MD 8.2 is expected to include changes responsive to the OIG recommendation.
ML19255F080 (PKG) ML20055E915
- via email NMSS/PMDA/
OFFICE NMSS/MSST NMSS/MSST NMSS/MSST Tech Ed NMSS RLewis* for NAME JFirth DAlley* MLayton* CGoode*
JLubinski DATE 3/6/20 3/13/20 3/23/20 04/02/20 04/03/20