ML23159A048 (2) Request to Tribes

FINAL SUPPORTING STATEMENT
FOR
REQUESTS TO FEDERALLY RECOGNIZED INDIAN TRIBES FOR INFORMATION
3150-0245
RENEWAL
Description of the Information Collection
U.S. Nuclear Regulatory Commission (NRC) actions and NRC-regulated activities may affect
both federally and State recognized Indian Tribes (Indian Tribes) and their current or ancestral
Tribal lands. On January 9, 2017, the NRC published a Tribal Policy Statement (82 FR 2402).
In its Tribal Policy Statement, the NRC indicted that it recognizes the Federal Trust Relationship
with federally recognized Indian Tribes and will uphold its Trust Responsibility to Indian Tribes.
Additionally, the Tribal Policy Statement states that the NRC encourages participation by Staterecognized Tribes and is committed to a government-to-government relationship with Indian
Tribes. The NRC also indicated that it would engage in timely consultations with Indian Tribes.
The NRC is seeking approval for renewal of a plan for a generic collection of information. The
need and practicality of the collection can be evaluated, but the details of the specific individual
collections will not be known until a later time. Requests to Indian Tribes for information will be
uncontroversial and low burden. All surveys and requests for information will be submitted to the
Office of Management and Budget for review prior to being sent to Indian Tribes. These
requests would help the NRC to understand the concerns and perspectives of Indian Tribes and
to consider the effects of NRC’s regulatory activities on Indian Tribes. The NRC’s policy is to
consult with Indian Tribes on NRC regulatory actions with Tribal implications. In its policy
statement, the NRC defined “Regulatory Actions with Tribal Implications” as referring to
regulations, legislative comments or proposed legislation, and other policy statements or actions
that have substantial direct effect on one or more Indian Tribes, on the relationship between the
Federal Government and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
The information collection would include providing Indian Tribes with 1) the opportunity to review
and provide input on documents related to the NRC’s regulatory actions with Tribal implications
and 2) the opportunity to review and comment on guidance documents, draft rules, white
papers, policy documents, etc. that would affect Indian Tribes or that may be of interest to
Indian Tribes. The information collection also includes information about Tribal lands, Tribal
resources, and Tribal governance that would enable the NRC to understand the effects that the
NRC’s regulatory actions with Tribal implications would have on Indian Tribes. The information
collected would also include feedback from Indian Tribes related to the effectiveness of the
NRC’s Tribal outreach and consultation and the NRC’s Tribal liaison program.
JUSTIFICATION
1.

Need For and Practical Utility of the Collection of Information
The NRC’s regulatory actions with Tribal implications will affect Indian Tribes. Other
NRC activities may affect Indian Tribes or would be of interest to Indian Tribes. The
information collected will help the NRC to know and understand the views of Indian

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Tribes, which will enable the NRC to consider the views and concerns of Indian Tribes in
the NRC’s decision-making and in the implementation of the NRC’s Tribal liaison
program. The information collected will enable the NRC to better understand the effects
of its activities on Indian Tribes. The information collected will assist the NRC in fulfilling
its Trust Responsibility to Indian Tribes. The information collected pertaining to the
NRC’s Tribal liaison program will allow the NRC to make changes and to plan activities
that will enable the NRC to adhere to the principles of the NRC’s Tribal Policy Statement
more effectively.
Most requests would provide Indian Tribes the opportunity to review and provide
comments on documents or NRC’s activities or a set of topics. The documents provided
to Indian Tribes for review would include, but not be limited to, the following: guidance
documents, draft rules, white papers, policy documents, regulatory basis documents,
draft environmental assessments, and draft international standards. Some requests may
seek information responding to a set of standard questions. The information requests
pertaining to the NRC’s Tribal outreach and consultation efforts and the NRC’s Tribal
liaison program may include a set of standard questions.
2.

Agency Use of Information
The information collected will be used to allow the NRC to consider and address the
views and concerns of Indian Tribes for those activities that would affect Indian Tribes,
including regulatory actions with Tribal implications, or that are of interest to Indian
Tribes. The information collected will enable the NRC to evaluate and consider the
effects on Tribes from the NRC’s regulatory actions with Tribal implications. The
information collected pertaining to the effectiveness of the NRC’s Tribal outreach and
consultation efforts and the NRC’s Tribal liaison program will allow the NRC to adjust its
Tribal liaison program and to plan future outreach and consultation efforts involving
Indian Tribes.

3.

Reduction of Burden Through Information Technology
The NRC has issued Guidance for Electronic Submissions to the NRC which provides
direction for the electronic transmission and submittal of documents to the NRC.
Electronic transmission and submittal of documents can be accomplished via the
following avenues: the Electronic Information Exchange (EIE) process, which is available
from the NRC's “Electronic Submittals” Web page, by Optical Storage Media (OSM) (e.g.
CD-ROM, DVD), by facsimile or by e-mail. It is estimated that approximately 30 percent
of the potential responses will be filed electronically.

4.

Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no duplication of requirements.
The NRC has in place an ongoing program to examine all information collections with
the goal of eliminating all duplication and/or unnecessary information collections.

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5.

Effort to Reduce Small Business Burden
It is estimated that approximately 98 percent of responding Indian Tribes are small
entities. To minimize burden on the responding Indian Tribes, responses to the
requested information will be voluntary. The NRC will seek to identify alternate sources
of information and ways to enable Indian Tribes to provide information more efficiently
and to accommodate approaches that would reduce the burden on Indian Tribes to
provide the requested information. This could include obtaining the information through
face-to-face meetings, phone calls, and webinars.

6.

Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted
or Is Conducted Less Frequently
The information collected will address policies or activities that would affect, or would be
of interest to, Indian Tribes. This information will be collected as needed, with each
collection being unique. The information collected on the NRC’s Tribal liaison program,
including the NRC’s outreach to and consultation with Indian Tribes may be collected
more than once, but would still be only as needed.
Without collecting this information, the NRC would be unable to consider and address
the views or concerns of Indian Tribes in a timely manner. This would result in delays in
the NRC’s activities and decisions. The absence of information pertaining to the potential
effects of NRC’s activities on Indian Tribes would be make the NRC’s decisions less
responsive and the NRC’s decisions may not reflect the effects on Indian Tribes. The
views and perspectives of Indian Tribes on matters of interest to the Indian Tribe may
not be included. The NRC’s Tribal liaison program and the NRC’s Tribal outreach and
consultation activities serve the interests of both the NRC and the Indian Tribes. The
NRC’s Tribal liaison program and the NRC’s Tribal outreach and consultation activities
will be less effective and efficient without the collected information or if the information is
collected less frequently.

7.

Circumstances Which Justify Variation from OMB Guidelines
There may be exigent circumstances which could affect public health and safety or
national security, which would require a response in less than 30 days. The requests for
voluntary information may be less than 30 days to allow timely input on an issue and
where 30 days may be impracticable.

8.

Consultations Outside the NRC
Opportunity for public comment on the information collection requirements for this
clearance package was published In the Federal Register on March 8, 2023 (88 FR
14399). As part of the consultation process, the NRC staff directly reached out to three
potential respondents via email. The stakeholders contacted for this renewal were the
Nuclear Energy Tribal Working Group, the Tribal Radioactive Materials Transportation
Committee, and the Intertribal Transportation Association. No comments were received
in responses to these consultations.

9.

Payment or Gift to Respondents
Not applicable.

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10.

Confidentiality of Information
Confidential and proprietary information provided to the NRC is protected in accordance
with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).

11.

Justification for Sensitive Questions
No sensitive information will be requested.

12.

Estimated Burden and Burden Hour Cost
The NRC estimates that it will make 20 requests annually. Most requests would go to
each of the 574 federally recognized Indian Tribes as well as 63 state-recognized Indian
Tribes (a total of 637 potential respondents). The responses to the requests are
voluntary. The NRC anticipates that, on average, 32 Indian Tribes will respond to a given
request for information (5 percent response rate); however, because the same Indian
Tribes may not respond to each request, the NRC staff assumes that 45 different Tribes
will respond to a request over the course of the three-year clearance period. The
average burden per requests is estimated to be 8 hours. The estimated burden is 15,360
hours (32 responses per request x 20 requests per year x 8 hours per response x 3
years = 15,360 hours) at a cost of $4,454,400 (15,360 hours x $290/hour).

13.

Estimate of Other Additional Costs
There are no additional costs.

14.

Estimated Annualized Cost to the Federal Government
The NRC professional staff will review and analyze and respond to the responses or
comments. The NRC estimates this will require 500 hours of staff time annually at a cost
of $145,000 (500 hours x $290/hour).

15.

Reasons for Change in Burden or Cost
There is no change in burden. However, the burden cost for professional fee rate
hours increased from $275 to $290 per hour.

16.

Publication for Statistical Use
This information will not be published for statistical use.

17.

Reason for Not Displaying the Expiration Date
The expiration date will be displayed. If the information is requested in person or
verbally, the OMB approval would be provided verbally.

18.

Exceptions to the Certification Statement
Not applicable.

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B.

Collections of Information Employing Statistical Methods
Not applicable.