Attachment 1 TRMTC SOO 2021 FINAL.pdf

June 15, 2021

Statement of Objective (SOO)

DE-FOA-0002522

Staff Support to Tribal Radioactive Materials Transportation Committee for Engagement with U.S. Department of Energy on Radioactive Materials Transportation Planning

1. PURPOSE

The purpose of this Cooperative Agreement between the U.S. Department of Energy (DOE) and the TBD hereafter referred to as the “Recipient” is to facilitate engagement among Tribal government officials from federally recognized Native American Tribes with DOE’s Office of Nuclear Energy, Office of Integrated Waste Management (DOE-IWM), DOE’s Office of Environmental Management (DOE-EM), and Office of Packaging and Transportation (DOE-OPT) in planning and coordination for Departmental radioactive materials shipments, both ongoing and for future large-scale DOE transportation of commercial spent nuclear fuel (SNF), high-level radioactive waste (HLW), and other radioactive materials. This facilitation is an essential component of developing and implementing successful DOE radioactive materials transportation programs that are safe, secure, and merit public trust and confidence.

2. BACKGROUND

Under the Nuclear Waste Policy Act of 1982, as amended (NWPA), DOE is responsible for disposal of SNF and HLW, including associated transportation. In addition, DOE has a mission to address the nation’s Cold War environmental legacy resulting from five decades of nuclear weapons production and government-sponsored nuclear energy research. This legacy includes some of the world’s most dangerous radioactive sites with large amounts of radioactive wastes, SNF, excess plutonium and uranium, thousands of contaminated facilities, and contaminated soil and groundwater.

DOE’s Office of Nuclear Energy, Office of Integrated Waste Management (DOE-IWM) is planning for an integrated waste management system to transport, store, and dispose of our nation's SNF and HLW. An integrated waste management system consists of siting facilities and other key infrastructure needed to safely and securely manage both SNF and HLW from nuclear power plants, as well as national defense activities.

DOE’s Office of Environmental Management (DOE-EM) has the responsibility for completing the cleanup of this Cold War legacy and managing the remaining nuclear materials, including transportation. DOE’s Office of Packaging and Transportation (DOE-OPT) has primary responsibility to support field sites in achieving safe transportation through development and management of policy, oversight programs, automated tools, and collaborative forums.

DOE transportation of these radioactive materials occurs in the public domain, on public roadways, waterways, and on commercial railways. For more than 30 years, DOE has engaged with Tribal governments alongside State governments to cooperatively develop plans and procedures for radioactive materials shipments. Based on the successful operation of these transportation campaigns, DOE is taking a similar approach to planning for ongoing low-level radioactive waste shipments from DOE-EM’s facility decommissioning activities, and future large-scale transportation of SNF stored at nuclear reactors to consolidated storage and/or disposal facilities, by coordinating and engaging with federally recognized Tribes and State governments.

Both DOE-IWM and DOE-OPT currently engage with Tribes on topics related to radioactive materials transportation planning through the Tribal Radioactive Materials Transportation Committee (TRMTC, or the Committee), a self-organized committee of representatives from about 20 federally recognized Tribes that are affected by current and expected future DOE radioactive materials shipments and associated activities. TRMTC conducts their own activities, engages with DOE alongside committees from four State Regional Groups1 (SRGs), and actively participates in DOE’s National Transportation Stakeholders Forum (NTSF), its planning committee, and topical ad hoc working groups. DOE interactions with Tribes are conducted in accordance with DOE Order 144.1, Department of Energy American Indian Tribal Government Interactions and Policy2.

3. COMMON AND PROGRAM-SPECIFIC WORK SCOPES

This Statement of Objectives (SOO) outlines activities to be conducted by the Recipient to assist TRMTC in engaging with DOE in planning and coordination for DOE radioactive materials shipments. Engagement between TRMTC and DOE involves many activities that are common to both DOE-IWM and DOE-OPT, such as Department-wide procedures and requirements for radioactive materials transportation, general updates on DOE leadership and organization, TRMTC committee meetings, NTSF informational webinars, and Planning for the NTSF Annual Meeting content and presentations.

Other engagement activities between TRMTC and DOE will be specific to individual programs, and appropriate funding resources should be allocated accordingly (DOE will provide the Recipient with information on funding amounts from each program office, DOE-IWM and DOE-OPT). Examples of activities specific to each program office are given below.

A. DOE-IWM

DOE-IWM is pursuing an integrated waste management system with storage, transportation, and disposal capabilities in order to safely and effectively manage our nation's SNF and

HLW.

These activities include, but are not limited to:

1 Council of State Governments Eastern Regional Conference (NE High-level Radioactive Waste Transportation Task Force), Council of State Governments Midwest (Midwestern Radioactive Materials Transportation Committee), Southern States Energy Board (High Level Radioactive Waste Transportation Committee), and Western Interstate Energy Board (High Level Radioactive Waste Committee) 2 DOE Order 144.1, Department of Energy American Indian Tribal Government Interactions and Policy, https://www.energy.gov/sites/prod/files/DOE%20O%20144.1.pdf

• evaluation of transportation infrastructure and site preparation activities around nuclear power plants and SNF storage sites

• transportation coordination efforts as part of an integrated waste management system

• efforts to complete the policy and procedures for a DOE emergency response training and technical assistance funding program for SNF shipments

• addressing outstanding questions related to a rail, highway, or waterway based SNF transportation system

• developing a framework for DOE rail, highway, and waterway safety inspections

• information sharing on DOE development of specialty railcars

• assisting in developing general plans and procedures for DOE SNF shipping campaigns, including providing regional or Tribe-specific data and information

• supporting Tribal participation in meetings and technical conferences including DOE’s

National Transportation Stakeholders Forum, as appropriate and

• other activities specific to the NWPA and/or management of commercial SNF by DOE

B. DOE-OPT

DOE-OPT supports DOE field sites in achieving safe transportation through development and management of policy, oversight programs, automated tools, and collaborative forums.

Detailed information can be found at https://www.energy.gov/em/services/waste-management/packaging-and-transportation.

Elements of the program include:

• Stakeholder engagement through the National Transportation Stakeholders Forum and

Transportation Emergency Preparedness Program

• The Packaging Certification program, which reviews and approves packaging designs, issues, and reviews Certificates of Compliance, and reviews and approves quality assurance programs for Type B and fissile materials radioactive materials packaging

• Oversight and Support programs through the Motor Carrier Evaluation Program and the Transportation Compliance Assessment Program

• Automated Tools such as The Automated Transportation Logistics and Analysis System (ATLAS), RADCALC, TRAGIS, and TRANSCOM

4. PERFORMANCE PERIOD

DOE anticipates making an award for a project base period of one year and four one year budget periods, with an anticipated start date of approximately October 1, 2021. The anticipated period of performance is October 1, 2021 through September 30, 2026.

https://www.energy.gov/em/services/waste-management/packaging-and-transportation https://www.energy.gov/em/services/waste-management/packaging-and-transportation

5. STATEMENT FOR CONDUCTING THE PROJECT

The Recipient shall complete the tasks and deliverables described below in this SOO under this Cooperative Agreement in cooperation with the following TRMTC member Tribes (hereinafter referred to as “TRMTC”)

• Agua Caliente Band of Cahuilla Indians

• Catawba Indian Nation

• Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

• Little Traverse Bay Bands of Odawa Indians

• Mashpee Wampanoag Tribe

• Morongo Band of Mission Indians

• Navajo Nation

• Nez Perce Tribe

• Omaha Tribe of Nebraska

• Oneida Nation of Wisconsin

• Pahrump Paiute Tribe / Consolidated Group of Tribes and Organizations (CGTO)

• Prairie Island Indian Community

• Pueblo of Tesuque

• Pueblo de San Ildefonso

• Pueblo of Jemez

• Pueblo of Laguna

• Pueblo of Pojoaque

• Santa Clara Pueblo

• Seneca Nation of Indians

• Shoshone-Bannock Tribes

• Timbisha Shoshone Tribe

The Recipient shall identify and maintain a roster of TRMTC Tribal members, including the TRMTC Executive Committee, that ensures adequate and balanced representation from the Tribes, with a primary purpose of discussing and addressing issues relevant to this SOO. In consultation with TRMTC members, the Recipient will identify when it may be appropriate to seek new representatives to fill vacant seats or consider adding new Tribes. DOE-IWM and DOE-OPT shall also be consulted on the addition of new Tribes to ensure some reasonable expectation of impact from current or future DOE shipments.

Under this SOO, the Recipient agrees to:

• As appropriate, serve as an interface for DOE-IWM and DOE-OPT on matters pertaining to planning for DOE shipments of radioactive materials and SNF in proximity to Tribal lands

• Coordinate all other tasks related to the common concerns and information needs of TRMTC, Recipient, DOE-IWM, and DOE-OPT (e.g., policy guidance, technical research and information - as related to SNF, HLW, and other radioactive materials; historical documentation, and lessons learned)

• Provide funding made available under this Cooperative Agreement for TRMTC member travel to technical conferences, meetings, training, and site visits that are directly related to the overall purpose of these Cooperative Agreements

• All travel under this Cooperative Agreement, other than what is included in the Recipient’s initial budget plan, annual Supplemental Program Proposal, or requested by either DOE-IWM or DOE-OPT, must be pre-approved by DOE-IWM using the travel request format provided in Appendix A

6. STATEMENT OF OBJECTIVES

The Statement of Objectives (SOO) is divided into two parts; the first part consists of Principle Program Tasks and Principle Deliverables which will be conducted throughout the performance period of the agreement and are described below. DOE-IWM considers the Principle Program Tasks and Principle Deliverables to be priorities which are comparable across all DOE-IWM Cooperative Agreement Recipients. The second part is Supplemental Program Tasks that may be proposed each year by the Recipient and entail specific objectives, work products, and schedules of activities to be conducted during the ensuing funding year. Supplemental Program Tasks will be proposed by the Recipient to DOE-IWM for approval prior to the start of each federal fiscal year in the performance period. Activities proposed as Supplemental Program Tasks should be consistent with DOE-IWM’s current program direction, planning and analysis activities, and other DOE policies, and include initiatives intended to meet informational, technical, and other needs of Tribal representatives within the overall scope of the SOO.

7. PRINCIPLE PROGRAM TASKS

A. Tribal Engagement

1. Recipient will provide primary staff support to TRMTC in accordance with their Administrative Guidance and Responsibilities document, (appendix, attachment provided with FOA package), identify topics and issues of interest to TRMTC members related to DOE transport of SNF, HLW, and other radioactive materials, lead or support TRMTC’s strategic planning, support interfacing between TRMTC and other State Regional Group committees similarly engaged with DOE-IWM and DOE-OPT, and communicate directly with DOE-IWM and DOE-OPT staff on related topics.

2. Recipient will convene two TRMTC committee meetings each year, with additional conference calls and/or web-meetings, as needed.

a. It is expected that one meeting each year will be held in conjunction with the Annual Meeting of the DOE National Transportation Stakeholders Forum

(NTSF).

b. Recipient will provide logistical support for each TRMTC meeting/call including, in consultation with TRMTC members and TRMTC Executive Committee, preparation of agendas and briefing materials; assembling meeting handouts and presentations; staffing meeting operations; sending follow-up materials including meeting summaries; and preparing reports of actions to be taken or decisions made, when warranted.

3. Recipient will participate in, and recruit TRMTC representatives to participate in, DOE-IWM and DOE-OPT efforts to identify, evaluate, and prioritize public policy issues regarding development of the transportation system to support shipments of SNF, HLW and other radioactive materials.

4. Recipient will work to increase TRMTC member participation in meetings of the four SRGs to improve Tribal-State relations.

5. Recipient will work with DOE-OPT to create and maintain lists of Tribal contacts to support DOE Order 460.2B.

B. Shipment Planning and Preparedness

1. Recipient will participate in, and recruit Tribal representatives to participate in, ad hoc working groups to address policy issues and planning activities related to DOE- program activities, such as the NTSF SNF Rail/Routing ad hoc working group, and others.

2. Recipient will coordinate participation of a few TRMTC members in DOE-IWM’s Transportation Core Group, including attendance at in-person and/or virtual meetings for the purpose of discussing DOE-IWM program progress, future plans and other issues.

3. Recipient will coordinate participation of a few TRMTC members in DOE-OPT’s Transportation Emergency Preparedness Program ad hoc working group, including attendance at in-person and/or virtual meetings for the purpose of revising training modules.

4. Recipient will support the assessment of routing and infrastructure issues related to transporting SNF, HLW, and other radioactive materials in proximity to Tribal lands, including rail, highway, bridges, and port facilities, by facilitating connections between DOE-IWM staff, DOE-OPT, and appropriate Tribal government points of contact.

5. As needed, Recipient will participate in and/or recruit Tribal representatives to participate in DOE-IWM site visits to nuclear power plant sites in their region.

C. Communications

1. Recipient will, in consultation with TRMTC members, assist DOE-IWM in developing and distributing public information and communication materials associated with the transportation of SNF and HLW.

2. Recipient will, in consultation with TRMTC members, coordinate Tribal review and comment of DOE-IWM documents, web-materials, information products, DOE Orders, and other activities, as requested by DOE-IWM.

3. Recipient will establish and maintain a website for the purpose of providing relevant information to TRMTC representatives, and other stakeholders.

4. Recipient will collaborate with the SRGs to collectively and strategically address issues impacting both Tribes and States.

5. Recipient will coordinate with DOE-IWM program staff to schedule quarterly conference calls/meetings to review the status and progress of activities under the Cooperative Agreement, and emerging issues relevant to the program. DOE-OPT staff along with two TRMTC Executive Committee representatives will participate in these quarterly calls.

D. Other

1. As requested by TRMTC member Tribes, Recipient will enter into financial assistance agreements to support Tribal engagement in activities, including but not limited to training and exercises.

8. PRINCIPLE DELIVERABLES

A. TRMTC Committee Operations

1. Within 30 days from the start of the performance period, the Recipient will provide DOE-IWM and DOE-OPT with a list of current TRMTC members with contact information, to include elected officials of participating Tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities through the Cooperative Agreement to engage with DOE-IWM and DOE-OPT on the topics covered in this SOO.

a. The Recipient will provide DOE-IWM and DOE-OPT with updated contact information within 30 days of any change in TRMTC representatives.

2. Within 45 days of each semi-annual committee meeting, Recipient will prepare meeting summaries, which include action items and/or agreements made, and send a copy, or public web-link to the DOE-IWM and DOE-OPT Program Managers.

3. Within 30 days from the end of each quarter of each federal fiscal year, the Recipient will submit a quarterly progress report on the status of the implementation of the Cooperative Agreement. Quarterly reports will follow the Federal Assistance Reporting Checklist and Instructions (examples of appropriate formats can be provided). The Recipient will submit periodic financial reports as specified in the Administrative and National Policy Requirements section of the Cooperative Agreement.

B. Feedback on Support Services

1. Every federal fiscal year, the Recipient shall obtain, in a manner to be determined by the Recipient, and provide to DOE-IWM and DOE-OPT independent feedback from TRMTC members. This feedback should focus on the type and quality of support services provided to the Tribal representatives by the Recipient. The Recipient shall convey this information to DOE-IWM and DOE-OPT in a written report that summarizes the views expressed by each member Tribe and demonstrates the extent to which the Recipient is meeting Tribal information and communication needs, is knowledgeable about the issues that are most important to the TRMTC members, is providing suitable support to help Tribal representatives understand or address key issues, and is otherwise adequately facilitating engagement between Tribal representatives and DOE.

C. Communications and Work Products

1. Recipient will maintain a public website for TRMTC, with designs, marketing, branding, and content development determined in consultation with TRMTC members.

2. Recipient will provide DOE-IWM and DOE-OPT with electronic copies of any reports, policy papers, technical papers, official letters, web-materials, training materials, presentations, and public communication materials produced under this Cooperative Agreement.

9. SUPPLEMENTAL PROGRAM TASKS

Supplemental program tasks may be proposed each year by the Recipient after consultation with TRMTC members, and entail specific objectives, work products, and schedules of activities to be conducted during the ensuing funding year. Supplemental Program Tasks will be proposed to DOE-IWM for approval at least 60 days prior to the start of each federal fiscal year in the performance period (functionally, this will be part of the annual continuation award renewal process). Activities proposed as Supplemental Program Tasks should focus on initiatives that meet informational, technical, and other needs of Tribal representatives that are directly related to the purpose of the Cooperative Agreement.

10. SUPPLEMENTAL PROGRAM DELIVERABLES

Will be determined annually and correspond to the DOE-IWM-approved Supplemental Program Tasks proposed by the Recipient.

APPENDIX A

DOE-IWM Travel Request Process

All travel under this Cooperative Agreement, other than what is included in the Recipient’s initial budget plan, annual Program Proposal, or at the request of DOE-IWM, must be preapproved by DOE-IWM. Recipient must submit a travel request, with the information indicated below, to the Technical Project Officer (TPO) with copy to DOE-IWM Federal Program Manager, thirty (30) days prior to the first day of the proposed travel. DOE-IWM approval of travel will be accomplished by an email response clearly approving the requested travel. Estimated timeframe for DOE-IWM approval/disapproval will be within three (3) business days.

Travel request information to submit to TPO:

• Traveler(s) names

• Traveler(s) employer or affiliation

• Purpose of travel and relevance to Cooperative Agreement SOO

• Travel departure location

• Travel arrival location

• Travel start and end dates

• Estimated travel costs

• Estimated training/conference fees