Attachment 2 TRMTC Administrative Guidance and Responsibilities.pdf

May 14, 2021

TRIBAL RADIOACTIVE MATERIALS TRANSPORTATION COMMITTEE

Administrative Guidance and Responsibilities

This document establishes an operational foundation intended to provide guidance to TRMTC membership, support contractors and other interested parties. Modifications to this document shall be permitted in accordance with SECTION XVIII — RULES: ADOPTION, AMENDMENT, REPEAL, AND SUSPENSION

GLOSSARY

Contractor Designated Support Contractor AHWG Ad Hoc Working Group DHS Department of Homeland Security DOE Department of Energy DOE-EM DOE Office of Environmental Management DOE-NE DOE Office of Nuclear Energy DOT Department of Transportation DOE-IWM DOE Office of Integrated Waste Management FRA Federal Railroad Administration NRC Nuclear Regulatory Commission NTSF National Transportation Stakeholders Forum SRG State Regional Group(s) TRMTC Tribal Radioactive Materials Transportation Committee

SECTION I – NAME

The name of this Committee shall be the Tribal Radioactive Materials Transportation Committee (hereinafter referred to as TRMTC or the Committee).

SECTION II – PURPOSE

TRMTC shall provide input and guidance based on tribal perspectives intended to inform federal agencies about policy decisions and activities involving radioactive materials and occasional high-visibility shipments that may affect federally recognized tribes. TRMTC’s primarily focus shall be on reviewing US Department of Energy (DOE) program activities in accordance with the intent of approved cooperative agreements and NTSF Management Plan which supports or expands tribal and state engagement. The Committee does not speak on behalf or represent any tribal government but works directly with DOE and/or the National Transportation Stakeholders Forum (NTSF) to promote tribal involvement.

SECTION III – PRIORITIES

TRMTC shall focus on six priorities established by the group and subject to change based upon approval of its membership. Currently, the priorities are as follows:

• Develop and maintain a general working knowledge of radioactive materials and transportation issues, initiatives, and corresponding activities.

• Identify, evaluate, and prioritize impacts derived from national public policy pertaining to radioactive materials transportation activities managed by DOE.

• Foster communication for enhanced collaboration with DOE and other federal agencies to address tribal concerns specific to policies related to radioactive materials transportation, including but not limited to route identification;

transportation planning; funding; training opportunities; and coordinated safety and radiological shipment inspections designed to promote safeguards and security for those shipments.

• Develop, evaluate, and present tribal perspectives and alternatives for resolving such issues that may arise.

• Review and comment on DOE and other implementing policies or documents associated with DOE radioactive shipments.

• Review and comment on policies, documents, and proposed rules developed by DOE, Nuclear Regulatory Commission (NRC); Department of Transportation (DOT), Department of Homeland Security (DHS), and/or other federal agencies involved or affecting DOE radioactive shipments or similar shipments of interest including private shipments associated with consolidated interim storage.

SECTION IV – MEMBERSHIP

TRMTC membership is open to federally recognized Indian tribes that may be impacted by current or future DOE shipments of radioactive materials.

Membership shall be comprised of tribally designated representatives authorized by their tribal government that may be affected by DOE shipments of radioactive materials.

TRMTC membership shall be based upon available funding, and willingness to actively participate in TRMTC activities.

TRMTC members are expected to fully participate in annual and mid-year meetings, as well as TRMTC and NTSF committees, and other activities which provide opportunities for expanded tribal engagement with federal agencies, invited guests or other subject-matter experts. Participation is for the purpose of increasing tribal awareness and capacity.

Member travel, meeting logistics, and related assistance shall be provided to TRMTC members by the designated Contractor responsible for supporting meeting attendance in accordance with the terms and conditions contained in the approved DOE Cooperative Agreement(s) and contingent upon available funding. TRMTC member tribes may designate alternates or additional representatives to participate in meetings or other authorized activities at their own expense.

SECTION V – TRMTC MEMBER APPLICATION PROCESS

Interested Tribes (See SECTION IV - MEMBERSHIP) shall submit a written request from the authorized Tribal Government official addressed to the TRMTC Executive Committee in c/o the Contractor’s address on file. Each request must delineate the purpose of the request and express interest in joining TRMTC. The request must include a description of the geographic location of the tribal government and outline perceived impacts associated with DOE radioactive materials shipments on or near tribal lands, communities and/or culturally sensitive resources.

Upon receipt of the expressed interest (as outlined in SECTION V TRMTC Member Application Process), the Contractor will send an acknowledgement of receipt of the letter of interest. Additionally, the Contractor shall notify the Executive Committee within 72 hours of a pending request to allow the Executive Committee the opportunity to review and recommend final review by TRMTC membership within thirty (30) days upon receipt. If approved, the Contractor shall provide written acknowledgement to the interested Tribe(s) with a description of the review and notification process to promote transparency.

Written requests to join TRMTC shall first be evaluated by the Executive Committee and passed by a simple majority of the Executive Committee for acceptance or denial of membership with justification forwarded to TRMTC membership for a final determination by a simple majority of general membership present.

Upon final determination, the Contractor shall provide written notification of the acceptance or denial to the interested Tribe within thirty (30) days of receipt of letter of interest and signed by the Chairperson or Vice-Chairperson (see SECTION VII OFFICERS).

SECTION VI – TRMTC AND RELATED MEETINGS

TRMTC general meetings shall be in-person unless otherwise agreed upon and approved by a vote of a majority of eligible members present casting their vote and held at intervals of no less than twice per year—once during the NTSF Annual Meeting, and the other meeting scheduled mid-year (typically in January) at the designated venue for the Annual NTSF meeting (where feasible).

Should in-person TRMTC, sub-committee, or special meetings not be practical, virtual meetings or other agreed upon platforms may be considered. Virtual meetings shall be scheduled for a minimum of 90 minutes unless otherwise stipulated by the Executive Committee or as agreed upon and approved by the general membership by a majority vote of all eligible members present casting their vote.

All TRMTC meetings shall require an agenda developed by the Contractor and reviewed and approved in advance by the Executive Committee (see SECTION VIII EXECUTIVE COMMITTEE) prior to distribution. Upon approval, agendas and related support documentation shall be distributed to TRMTC membership 5 working day’s advance notice. Each meeting shall focus on approved agenda topics with adequate time for presentations and discussions. In the event of emergency or developing situations in the interim of regularly scheduled meetings that require immediate attention, notification procedures may be waived permitting the Executive Committee, sub-committee(s) and/or general membership to convene a special meeting for purposes consistent with the focus of the group.

Meetings shall be open to TRMTC members and guests unless otherwise stipulated by the Executive Committee or membership and approved by a majority vote of all eligible members present casting their vote. Meetings shall be facilitated by the Chairperson or Vice-Chairperson unless otherwise approved by the Executive Committee or TRMTC membership and approved by a majority vote of all eligible members present casting their vote. Meetings will be conducted in a courteous, productive and timely manner to promote efficiency.

TRMTC will convene monthly conferences via phone or other virtual platforms consistent with the Cooperative Agreement(s). Additional meetings may be called at any time upon the recommendation of the Executive Committee, standing committees or membership to discuss pressing or emerging issues of importance.

TRMTC meetings shall include a Tribal Executive Session for a specified duration to accommodate members only, as determined by the Executive Committee or general membership unless otherwise agreed upon and approved by a majority vote of all eligible members present casting their vote. Executive Sessions are intended to provide opportunities for expanded internal discussions among TRMTC membership consistent with the purpose of the group.

TRMTC conference calls shall be limited to TRMTC members only unless otherwise approved by the Executive Committee or membership by a majority vote of eligible members present casting their vote. Topics directly related to the Cooperative Agreement will be provided via meeting minutes or notes to the Contractor.

The TRMTC contractor shall support all TRMTC meetings (regardless of the venue) by providing adequate facilities, audio-visual equipment, computer and support necessary to conduct productive meetings. Prominent TRMTC signage shall be required at all in-person meetings and presentations, directing attendees and/or guests to the TRMTC meeting location.

The Contractor shall attend and document all open TRMTC and Executive Committee meetings with exception to those meetings directly related to internal matters, proprietary Tribal affairs, or topics outside the scope of the Cooperative Agreement as defined by TRMTC.

All TRMTC members are eligible to attend approved State Regional Group (SRG) meetings or symposia upon approval by the Executive Committee contingent upon available funding and active participation. Members are encouraged to attend SRG meetings in their respective regions unless otherwise approved by the Executive Committee and/or TRMTC membership.

SECTION VII – OFFICERS

Officers shall consist of a Chairperson and Vice-Chairperson recommended by a simple majority of general membership present. Both positions shall facilitate meetings, discussions and serve as the primary representatives or points of contact to sign committee correspondence and represent the Executive Committee and/or TRMTC interactions.

The Chairperson shall preside over all meetings of the Executive Committee and perform other duties as required or determined by the group. The Vice-Chairperson shall serve as presiding officer in the absence of the Chairperson and perform such duties as required or consistent with this guidance document. Both Chairperson and Vice-Chairperson shall be responsible for signing official committee correspondence and directing activities of the committee and TRMTC, as appropriate.

Chairperson and Vice-Chairperson shall be appointed to serve a minimum of two-year staggered terms ending in alternate years or until such time as a change is determined necessary by TRMTC. Appointments shall be approved by a simple majority of TRMTC membership present at a duly called meeting for this purpose.

In the event of a vacancy for any reason, TRMTC membership present shall fill the vacancy from existing membership at the next regularly scheduled committee meeting to sustain momentum and continuity.

SECTION VIII – EXECUTIVE COMMITTEE

The Executive Committee shall be comprised of four individuals including a Chairperson, Vice-Chairperson and two at-large members who are responsible for guiding activities and providing administrative leadership for TRMTC during and in the interim of meetings.

Eligibility shall be based on tribal experience, knowledge of DOE radioactive materials shipments and related activities, supported by a minimum of one year demonstrated attendance and active participation in group activities. Members of the Executive Committee must remain active participants of TRMTC to maintain their appointed positions.

The Executive Committee shall provide guidance and support to the Contractor (as described in SECTION XVII - TRMTC Contractor) in fulfilling its duties. The Contractor shall be responsible in assisting the Executive Committee and monitoring activities and identifying emerging information in accordance with the Cooperative Agreement. The Executive Committee shall monitor acceptable levels of engagement and identifying topics of interest that require further involvement by TRMTC.

Selection of Executive Committee shall be determined by a majority of TRMTC membership present at a special or regularly scheduled meeting called for this purpose.

The Executive Committee shall require a majority present to conduct business and approve activities unless otherwise agreed upon and approved by a majority vote of all eligible committee members present casting their vote.

SECTION IX – TRMTC SUB-COMMITTEES

TRMTC shall appoint sub-committees as determined necessary to focus on topical areas consistent with the purpose of the group.

Committee members are expected to volunteer at the request of the Executive Committee. At minimum, three (3) members are expected to engage fully in committee activities of which they are assigned.

TRMTC involvement and representation are considered two important aspects for providing tribal input and perspectives that are consistent with the purpose of the group.

Participation in TRMTC and Ad Hoc Working Groups/Committees is critical to the ongoing success of the group and shape discussions and national policy. Committee members are expected to provide verbal committee updates to TRMTC and/or Executive Committee membership in a concise manner to build capacity for the group. Below is a list of existing committees that may change to meet the needs of TRMTC.

Existing TRMTC Standing Committees

• Executive Committee

• Marketing and Branding Committee

• Tribal Emergency Management Subcommittee

SECTION X – AD HOC WORK GROUPS (AHWG)/COMMITTEES

• NTSF Planning Committee

• Rail Routing Working Group

• DOE/NE Core Group

• Other AHWG as established by the NTSF

SECTION XI – MEETING ATTENDANCE AND PARTICIPATION

Members are expected to attend and participate in all approved meetings. TRMTC collaborates with several entities including but not limited to DOE, State Regional Groups including the Council of State Governments-Northeast (CSG-NE), Council of State Governments-Midwest (CSG-MW), Southern States Energy Board (SSEB), and the

Western Interstate Energy Board (WIEB). Although funding is limited and may not be available, members are encouraged to participate where practicable to foster collaborative relationships and increase capacity. Participants may submit travel requests to the Executive Committee for review and approval to receive funding authorization to attend an approved meeting(s) with preference given to members participating in their respective regional meeting or areas of expertise. Equally, Executive Committee members may be invited to present information on behalf of TRMTC or participate in AHWG meetings that shall be considered based upon available funding and priorities of the group. Contractors may participate in approved meetings with limited representation with concurrence from the Executive Committee to maximize opportunities for TRMTC membership.

SECTION XII – REMOVAL

All members of TRMTC, Executive Committee, Sub-Committees and Ad Hoc Working Groups are expected to actively participate and attend TRMTC and assigned activities and/or committees to which they are assigned to increase knowledge and understanding of emerging issues determined important to federally recognized tribes. Failure to participate without notification may be cause for removal from a sub-committee, AHWG committee or leadership position. In the event a member is unable to participate due to illness or other extenuating circumstances, written notification will be required so the group can plan accordingly.

SECTION XIII – VOTING

Except as otherwise provided, all actions, motions, resolutions, or other business of the Executive Committee, Sub-Committee or TRMTC shall be done by voice vote of its members present at the meetings, unless otherwise approved by a majority vote of all eligible members present casting their vote at a special meeting of the group prior to the vote. Each member will be permitted to vote in person with no provisions to vote by proxy.

The Executive Committee must consider resolutions and other important information that requires deliberative action in the interim of regularly scheduled meetings. All actions shall be by made via conference calls, virtual or in-person meetings, or by other acceptable means determined by the group with results documented in the TRMTC administrative file maintained by the TRMTC Contractor.

SECTION XIV – TRMTC CORRESPONDENCE

Official TRMTC correspondence and approved committees shall use approved TRMTC letterhead, stationary, business cards, logos or other identifying information approved by the Executive Committee.

Correspondence must be reviewed by the Executive Committee and requires the signature of the Chairperson or Vice-Chairperson unless otherwise stipulated and approved by a majority of all eligible Executive Committee members present casting their vote. Copies of all correspondence shall be maintained in the TRMTC Administrative File to document interactions and track responsiveness and progress.

SECTION XV – TRMTC PRESENTATIONS

TRMTC members and Contractor shall not publicly present or publish information relating to another Tribe’s programs, funding or activities without prior written approval by the aforementioned Tribe(s). The Contractor shall provide the public communication to the Executive Committee for review and approval, prior to distribution to TRMTC for final review.

SECTION XVI – WEB SITE/BRANDING

TRMTC recognizes the importance of sustaining visibility and elevating exposure to interested parties seeking information about TRMTC activities and other emerging issues relating to DOE shipments of radioactive materials. Specifically, TRMTC has agreed to elevate awareness about DOE shipments that effect federally recognized tribes, communities and resources to a broader audience. TRMTC is an independent group of federally recognized tribes and their designated representatives who engage with DOE and other federal agencies on issues pertaining to safe and routine transportation of radioactive materials. TRMTC shall maintain an independent website not aligned with any outside group to represent the Committee’s purpose, membership, activities and priorities. The website shall serve as a resource for its membership and other interested parties as determined by the group. The website shall contain information and emerging topics relating to federally recognized tribes and the impacts of DOE shipments of radioactive materials on tribal lands and/or affecting culturally sensitive areas or resources.

SECTION XVII – TRMTC CONTRACTOR

Contractor support is provided through Cooperative Agreements with the Department of Energy Offices of Nuclear Energy and Environmental Management. Contractor support is guided by activities and provisions contained in the DOE approved NTSF Management Plan. The Contractor contributes to the success of TRMTC by fulfilling its responsibilities to provide current or emerging information through systematic research at an acceptable level necessary to support the Executive Committee, standing committees and TRMTC membership, and AHWG’s, as requested and determined necessary in fulfilling the intent and purposes of the group.

The Contractor shall work closely with the Executive Committee and seek guidance and approval on all matters relating to planning, activities and performance. The Contractor in collaboration with TRMTC, is responsible for developing correspondence, articles and information for review and approval by the Executive Committee prior to submittal.

Additionally, the Contractor shall work with the Executive Committee to develop an annual work plan to identify prioritized activities, timelines and accomplishments to meet the needs of the group. The Contractor shall work closely with TRMTC to identify desired topics and outcomes. Concurrently, the Contractor shall work closely with the TRMTC and the Executive Committee in providing final input into the annual work plan with no less than thirty (30) days advance notice prior to submittal to the DOE.

The Executive Committee shall provide guidance to DOE’s assigned TRMTC contractor as determined necessary and consistent with approved TRMTC activities identified in the DOE Cooperative Agreement(s).

The TRMTC contractor shall fund and organize TRMTC member travel, meeting logistics, related assistance associated with TRMTC meetings and other authorized meeting or activities in accordance with the terms and conditions of the DOE Cooperative Agreement(s) and contingent upon available funding and consistent with approved budgets that fall within the scope of expenditures. Funding and administrative support shall be commensurate with available funding and the purpose of the group.

Further, the Contractor shall review and incorporate as necessary, Executive Committee comments and corresponding information shared on behalf of TRMTC for the cooperative agreement quarterly reports. Quarterly reports shall be sent to the Executive Committee for final review prior to submission to DOE. Two members of the Executive Committee shall be invited to participate as observers and will be excused from the quarterly review meeting when contractual or proprietary information is discussed during quarterly update meetings between DOE and Contractor. The two (2) members will observe updates that will be used to evaluate overall Contractor performance throughout the period of performance.

The Executive Committee shall provide guidance to the Contractor who is responsible for organizing TRMTC activities, correspondence, meeting summaries, including but not limited to maintaining meeting minutes, records, agendas, topics, speakers and associated presentation materials.

The Executive Committee shall provide periodic updates to TRMTC membership with a description of Contractor activities during regularly scheduled TRMTC general meetings or executive sessions.

The Executive Committee will work closely with the Contractor to identify progress and track issues or emerging topics to determine relevancy, assignments and correspondence for review and approval prior to distribution.

The TRMTC Contractor requires technical experience and knowledge of complex tribal issues associated with DOE transportation and shipments of radioactive materials.

Examples below shall guide deliberations in selecting a qualified Contractor to meet the needs of the group.

Contractor/Experience Requirements:

• Demonstrated knowledge and understanding of Tribal Government Operations, Functions, Jurisdictional Authority and Trust Responsibility.

• Experience with federally recognized tribes, radioactive materials shipments, and transportation related activities.

• Demonstrated knowledge of technical aspects associated with radioactive materials and transportation.

• Understanding and experience of DOE radioactive materials shipping campaigns.

• Familiarity with federal regulations, Executive Orders, Presidential Memoranda and DOE Orders pertaining to Tribes and transporting radioactive materials.

• Knowledge of U.S. Nuclear Regulatory Commission and Federal Railroad

Administration’s authority and responsibility.

• Understanding of Nuclear Waste Policy Act; National Environmental Policy Act;

National Historic Preservation Act.

• Demonstrated experience in researching the complexities associated with perceived or actual impacts of DOE radioactive materials shipments on Tribal land and resources.

• Possess ability to adhere to fiscal compliance in accordance with generally acceptable accounting practices.

• Ability to organize thoughts and convey tribal perspectives in a logical and concise manner.

• Demonstrated competency and experience in budgeting, financial and contract management; understanding of cooperative agreement funding; managing scope of work; compliance with reporting and adhering to applicable terms and conditions associated with DOE Cooperative Agreements.

• Demonstrated experience in coordinating meetings, interactions and other activities or duties to meet the needs of the group.

Duties include:

• Contractor shall work with TRMTC and the Executive Committee to develop an annual work plan to identify prioritized activities, timelines and accomplishments to meet the needs of the group;

• Fulfill assigned activities in accordance with the NTSF Management Plan, including attending NTSF Planning Committee Meetings, and coordinating activities associated with the NTSF on a rotational basis with State Regional Groups;

• Track and Identify emerging topics relating to DOE and non-DOE shipments of radioactive materials shipments on, near or associated with Tribal Lands and/or governments;

• Conduct literature reviews and report topics relating to DOE radioactive materials shipments that impact tribal lands and resources;

• Develop outlines for articles or technical papers for TRMTC;

• Develop technical papers and information relating to tribal impacts associated with DOE radioactive materials shipments;

• Assist TRMTC in presenting at professional conferences or symposia;

• Provide administrative support as directed by TRMTC and/or Executive

Committee, including hosting TRMTC meetings and related activities;

• Establish and support TRMTC sub-committees (as needed);

• Staff Ad Hoc Work Groups;

• Provide support for TRMTC meeting facilitation and discussions;

• Coordinate logistics for TRMTC, Executive Committee and subcommittee meetings;

• Arrange purchasing or budget for authorized travel for TRMTC members;

• Organize travel and lodging commensurate with the Cooperative Agreement

• Organize Workshops/Webinars;

• Manage TRMTC website and maintain information and updates as identified by

TRMTC;

• Assist with the development of correspondence, articles and information on behalf of TRMTC;

• Provide detailed progress reports described activities and performance to the

Executive Committee and TRMTC during regularly scheduled conferences via phone or other virtual platforms, interactions or meetings as determined by the group;

• Provide information on a timely basis and upon request of the Executive Committee and/or TRMTC;

• Provide administrative support consistent with requests to meet the needs of TRMTC for efficient operations;

• Maintain administrative records and files consisting of correspondence and related information;

• Provide updates on non-proprietary contactor correspondence and interactions with DOE associated with TRMTC operations and/or accomplishments through a written summary to the Executive Committee for review and discussion;

• Work with the Executive Committee in preparation for DOE/Contractor quarterly cooperative agreement meetings to evaluate progress. Ensure that two designated members from the Executive Committee are invited to participate in DOE/Quarterly meetings to represent TRMTC.

SECTION XVIII – RULES: ADOPTION, AMENDMENT, REPEAL, AND SUSPENSION

TRMTC Administrative Guidance and Responsibilities document may be adopted, amended, or repealed at any committee meeting or special meeting with thirty (30) days advance written notice to TRMTC members and approved by a two-thirds vote of all eligible members present casting their vote. A detailed voting record shall be developed and maintained to support the decision or disposition of the membership. These rules shall not be suspended, except by unanimous consent of those committee members present at a duly called meeting. TRMTC Administrative Guidance and Responsibilities document should be reviewed annually and modified as determined necessary by a majority of the group that are present at a meeting called for that purpose.

REVISION HISTORY:

1. March 02, 2021 – Approved for Release

2. March 08, 2021 – Rev #1 - Modified to include: Federal Railroad Administration (FRA) to glossary; Revision Number; Approval Date; and Revision History;

3. April 27, 2021 – Rev #2 – Modified to include typographical error on Section III Priorities to reflect “6” priorities rather than “7”;

4. May 12, 2021 – formatting edits,

a. Glossary Section - AHWG and TRMTC

b. Section V - thirty (30) and receipt of letter

c. Section VI – paragraph 5 via phone, 7 topics directly related…notes to the

Contractor, 8 “shall” replaced “will”, 9 added paragraph, 10 are replaced “shall”; added clarifying text to encourage participation

d. Section VIII – paragraph 1 including replaced “comprised”, 2 “provide guidance and support to”,

e. Section IX – paragraph 2 reduced sentence to “At minimum three (3)”, 3 “AHWG” replaced “DOE”, delete “TRMTC and DOE”, moved sub-section title, ;

add “where practicable”

f. Section X - removed “NTSF” add “AHWG”

g. Section XI – “AHWG” replaced “DOE”

h. Section XII – first sentence added “and” before “AHWG”, replaced “DOE” with

“AHWG”

i. Section XIII – paragraph 1 removed “and approved by… annual, mid-year”, 2 added “virtual or”

j. Section XIV – added “Executive and …person”

k. Section XV – removed “support”, added last line of text

l. Section XVII – paragraph 1 removed “NTSF”, 2 thirty (30), 5 re-written, 6 provide “guidance” replaced “direct”

m. Duties: added first bullet, removed “NTSF”, replaced “teleconferences” with new text; adjusted text in bullet 18 to include “the Executive Committee and

n. Section XVIII – thirty (30)

o. Formatting throughout document, font, hyphens, capitalization, etc.