[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42944-42945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18277]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0235]
Tribal Protocol Manual
AGENCY: Nuclear Regulatory Commission.
ACTION: NUREG; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-
2173, ``Tribal Protocol Manual,'' which: Facilitates effective
consultations and interactions between the NRC and Native American
Tribes related to activities within the scope of the NRC's
jurisdiction; explains that Tribes are unique governmental entities and
are not extensions of State or local governments; assists NRC
management and staff in recognizing these distinctions and creates a
more open and productive working relationship with Native American
Tribal governments; and supplements the NRC staff's working knowledge
by providing Tribal outreach, experience, and practical guidance to NRC
personnel who have had limited interactions with Native American
Tribes.
DATES: This NUREG is effective on August 24, 2018.
ADDRESSES: Please refer to Docket ID NRC-2012-0235 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0235. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the
[[Page 42945]]
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. In addition, for the
convenience of the reader, the ADAMS accession numbers are provided in
a table in the ``Availability of Documents'' section of this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: James Firth, telephone: 301-415-6628,
email: [email protected]; or Jeffery Lynch, telephone: 301-415-5041,
email: [email protected]; U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
On October 12, 2012, the NRC published a notice in the Federal
Register requesting comment on both the draft ``Tribal Protocol
Manual'' and the proposed ``Tribal Policy Statement'' (77 FR 62269).
The NRC received six comment letters on the ``Tribal Policy Statement''
and the ``Tribal Protocol Manual.'' The commenters included two Tribal
governments, two mining associations, one inter-Tribal organization,
and a Tribal college. The comments were grouped into seven topical
areas: (1) NRC Tribal communication; (2) NRC Tribal consultation; (3)
NRC Tribal resources; (4) terminology; (5) NRC map of Tribal
reservations near nuclear reactors; (6) Federal-Tribal history; and (7)
contemporary Tribal conditions. The NRC's responses to these comments
are available in ``Tribal Protocol Manual: Guidance for NRC Staff--
Comment Responses,'' which is cited below.
On January 9, 2017 (82 FR 2402), the NRC issued its ``Tribal Policy
Statement.'' The ``Tribal Protocol Manual'' has been revised to be
consistent with the ``Tribal Policy Statement'' and to reflect changes
made in response to public comments.
In response to public comments and the NRC's work on the ``Tribal
Policy Statement,'' the agency is revising the definition of
``consultation.'' In the ``Tribal Protocol Manual'' (p. 16),
``consultation'' is now defined as ``meaningful and timely discussion
with Tribal governments on NRC regulatory actions that have substantial
direct effects on one or more Indian Tribes and those regulatory
actions for which Tribal consultation is required under Federal
statute. The NRC's Tribal consultation allows Indian Tribes the
opportunity to provide input on regulatory actions with Tribal
implications and those where Tribal consultation is required, and is
different from the outreach and public comment periods.''
The NRC revised the ``Tribal Protocol Manual'' to better address
the unique relationship between the United States Government and Tribes
and how the NRC exercises its trust responsibility. The NRC also made
changes to the historical account of the Federal-Tribal relationship;
specifically, the ``Tribal Protocol Manual'' now includes a general
discussion that addresses the contributions of Treaties, policy, law,
court decisions, and Executive Orders to Federal Indian law.
II. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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ADAMS Accession No./
Document Federal Register
Citation
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Tribal Protocol Manual Guidance for NRC Staff ML18214A663
(July 2018).
Comment Resolution Table..................... ML18180A371
Tribal Policy Statement, Issuance............ ML16334A483
Tribal Protocol Manual: Guidance for NRC ML14274A014
Staff (December 2014).
Tribal Protocol Manual: Guidance for NRC ML14297A280
Staff -- Comment Responses.
Executive Order 13175, ``Consultation and 65 FR 67249
Coordination with Indian Tribal
Governments,'' November 9, 2000.
Presidential Memorandum for the Heads 74 FR 57881
Executive Departments and Agencies, ``Tribal
Consultation,'' November 5, 2009.
SECY-09-0180, U.S. Nuclear Regulatory ML092800263
Commission Interaction with Native American
Tribes.
SRM-M081211, Staff Requirements--Briefing on ML090080206
Uranium Recovery, 9:30 a.m. and 1:30 p.m.,
Thursday, December 11, 2008, Commissioners'
Conference Room, One White Flint North,
Rockville, Maryland (Open to Public
Attendance).
Staff Requirements--SECY-14-0006--Tribal ML14240A083
Consultation Policy Statement And Protocol.
Tribal Protocol Manual: Guidance for NRC ML12261A423
Staff (October 2012).
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Dated at Rockville, Maryland, this 20th day of August 2018.
For the Nuclear Regulatory Commission.
Sabrina Atack,
Acting Director, Division of Materials Safety, Security, State, and
Tribal Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-18277 Filed 8-23-18; 8:45 am]
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