Tribal Consultation
Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,” issued on November 6, 2000, requires that applicable federal agencies have an accountable process to ensure meaningful and timely input by Tribal officials in the development of regulatory policies that have Tribal implications. In exercising its regulatory authority, the NRC acts in a manner consistent with the fundamental precepts expressed in the Order and has adopted agency practices that ensure consultation and cooperation with Indian Tribal governments. NRC's Management Directive (MD) 5.1, “Consultation and Coordination with Governments and Indian Tribes,” addresses consultation and coordination with States, federally recognized Indian Tribes, other Federal agencies, interstate governmental agencies, and national or regional organizations of States. MD 5.1 also addresses general organizational responsibilities and delegations of authority but is not intended to exhaustively capture all consultation responsibilities.
In accordance with its Tribal Policy Statement, the NRC will provide timely notice and consult in good faith with Tribal governments on NRC's regulatory actions that have substantial direct effects on one or more Indian Tribes as well as those regulatory actions for which Tribal consultation is required under Federal statute. The NRC establishes early communications and begin consultation as soon as practicable. The NRC also consults in good faith throughout the agency decision-making process and develop and maintain effective communication, coordination, and cooperation with Indian Tribes.
Tribal officials may request that the NRC engage in consultation with them on matters that have not been identified by the NRC to have substantial direct effects on one or more Indian Tribes as well as those regulatory actions for which Tribal consultation is not required under Federal statute. The NRC will make efforts to grant such requests, taking into consideration the nature of the activity at issue, past consultation efforts, available resources, timing issues, and other relevant factors.
Additionally, the NRC adheres to statutory and regulatory requirements for Tribal consultation and maintains interactions with Indian Tribes as mandated by other statutes, including the National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et. seq.) which requires Federal agencies, as part of their decision-making process, to consider the environmental impacts of actions under their jurisdiction. In connection with a NEPA review, an agency action may require the NRC staff to engage in interagency or Tribal consultation. The NRC also upholds the statutory obligation to consult with federally recognized Tribes under Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108).
The NRC Tribal Consultation Information Tool highlights key differences between the consultation process under NHPA Section 106 and the Tribal Policy Statement.
NRC welcomes questions, feedback, and concerns to the NRC Tribal Relations Team.