DOE O 144.1 Admin Chg 1, Department of Energy American Indian Tribal Government Interactions and Policy

AVAILABLE ONLINE AT: INITIATED BY: www.directives.doe.gov Office of Intergovernmental and Tribal Affairs U.S. Department of Energy ORDER Washington, D.C. Approved: 1-16-09 Admin Chg 1: 11-6-09   SUBJECT: DEPARTMENT OF ENERGY AMERICAN INDIAN TRIBAL GOVERNMENT INTERACTIONS AND POLICY 1. PURPOSE. This Order communicates Departmental, programmatic, and field responsibilities for interacting with American Indian Governments and transmits the Department of Energy’s (DOE) American Indian and Alaska Native Tribal Government Policy (hereafter “Indian Policy”) including its guiding principles, and transmits the Framework for Implementation of the Policy. 2. CANCELLATION. DOE O 1230.2, American Indian Tribal Government Policy, dated 4-8-92. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual obligation to comply with the Order. Contractor Requirement Documents (CRDs) that have been incorporated into or attached to a contract remain in effect until the contract is modified to either eliminate requirements that are no longer applicable or substitute a new set of requirements. 3. APPLICABILITY. a. DOE Elements. Except for the exclusions in paragraph 3c, this Order applies to all Departmental elements, including those created after the Order is issued. (Go to www.directives.doe.gov/pdfs/reftools/org-list.pdf for the current listing of Departmental elements.) The Administrator of the National Nuclear Security Administration (NNSA) will assure that NNSA employees and contractors comply with their respective responsibilities under this Order. Nothing in this Order will be construed to interfere with the NNSA Administrator’s authority under section 3212(d) of Public Law (P.L.) 106-65 to establish Administration specific policies, unless disapproved by the Secretary. b. DOE Contractors. (1) Except for the exclusions in paragraph 3c, the Contractor Requirements Document (CRD), Attachment 1, sets forth requirements of this Order that will apply to contracts that include the CRD. (2) The CRD must be included in site/facility management contracts when contract work and contractor interactions could reasonably be expected to result in an impact on the traditional and cultural lifeways, natural resources, treaty and reserved treaty rights and any other legal rights of a DOE O 144.1 2 DOE O 144.1 Chg 1 11-6-09 Vertical line denotes change. federally-recognized American Indian Tribe. CRD requirements will apply to the extent set forth in each contract. c. Exclusions. (1) This directive does not affect Departmental interactions with State-recognized Tribes with respect to matters provided for by statute or regulation. (2) In accordance with the responsibilities and authorities assigned by Executive Order 12344, codified at 50 USC sections 2406 and 2511 and to ensure consistency through the joint Navy/DOE Naval Nuclear Propulsion Program, the Deputy Administrator for Naval Reactors (Director) will implement and oversee requirements and practices pertaining to this Directive for activities under the Director's cognizance, as deemed appropriate. (3) Bonneville Power Administration under DOE Secretarial Delegation No. 00-033.00A of 9-27-02. DOE Order 1230.2 on “American Indian Tribal Government Policy” originally was delegated to the BPA Administrator. The current Secretarial Delegation No. 00-033.00A to the BPA Administrator continues this approach. 4. REQUIREMENTS.

a. Tribal Focus. The DOE Tribal Energy Steering Committee (see Attachment #4) will represent offices with a tribal focus within the Department to: (1) coordinate on tribal energy issues across affected DOE programmatic offices; (2) provide a formal mechanism to help DOE tribal liaisons deal promptly with cross-cutting tribal energy concerns and to identify opportunities for synergy across various sectors within DOE, to ensure that tribal rights, including concerns regarding cultural resources management are considered; (3) share information among members and to solve problems affecting members; (4) make recommendations directly to the Deputy Secretary on implementing tribal energy policies, procedures, or requirements; (5) conduct regular conference calls or meetings with Headquarters and field American Indian Government points of contact; and DOE O 144.1 3 1-16-09 (6) eliminate regulatory, statutory, and/or procedural impediments to the Department working directly with tribes. b. Interaction with American Indian Government. (1) A point of contact system will be enhanced to promote internal communications mechanisms among Departmental and field personnel whose responsibilities include interacting with American Indian Government representatives. (2) Headquarters and field elements will develop and seek to enhance procedures for site-specific consultation with American Indian Governments as appropriate to ensure that tribal rights, including concerns regarding cultural resources management, are considered. (3) Departmental elements will cooperate with Federal and state agencies that have related American Indian Government responsibilities. c. Training. Personnel whose work has, is likely to have, or could potentially have an impact on tribal governments, entities, officials and/or representatives, must receive training including: (1) the Indian Policy and its principles; (2) sensitivities in working with American Indian tribes; (3) the federal government-to-government obligation; and (4) the requirements of this Order, and any other relevant tribal guidance etc. d. Contracts. (1) Contracting and procurement officials will include the provisions of the CRDs (see Attachment 1) for contractors that could reasonably be expected to result in an impact on the traditional and cultural lifeways, natural resources, treaty and reserved treaty rights and any other legal rights of a federally-recognized American Indian Tribe. Training on how to add tribal provisions to solicitations and contracts should be instituted where appropriate. (2) An appropriately designated DOE tribal point of contact will be responsible for the review of the CRD and must coordinate with other relevant tribal points of contact as appropriate. The content of CRD will include the following. (a) An introduction identifying affected DOE sites. (b) If the DOE tribal point of contact has determined there is a need to add Departmental training and education material, require— 4 DOE O 144.1 1-16-09 1 the contractor to develop the training and educational materials and 2 submission of the offeror’s approach for developing this material. (c) A list of applicable agreements in Section J of the contract. (2) For DOE site/facility management contracts that are not management and operating contracts ensure that the applicable laws and regulations and references to CRDs in other DOE directives are included in the contract.

(3) The Department of Energy Acquisition Regulation clause 970.5204-2, Laws, Regulations and DOE Directives, identifies and lists the applicable directives, regulations and laws in the solicitation and the contract as required by this clause in Section J of the contract. (4) After contract award, issue the memorandum to designate the DOE tribal point of contact(s), and state their responsibilities to include supporting the contracting officer representative (COR) for American Indian issues under the Contract. Include in the COR designation that the COR will coordinate with the designated DOE tribal point of contact(s). (5) If applicable, include the following in each procurement request package requiring the application of this Order. (a) Identification of the Order. (b) Inclusion of the CRD and designation of the tribal point of contact who will support the COR on American Indian issues. (c) Identification of the specific requirements with which an offeror or a contractor is to comply, including any related DOE agreements with an American Indian Tribe, or if this is not practicable, identification of the specific paragraphs or other portions of this Order with which a contractor is to comply with that are not already described in detail in the CRD. Any contractor requirements must be included in the CRD. Reference to directives paragraphs are not sufficient for setting contractor requirements. (d) Requirements for the flowdown of provisions of this Order to any subcontract. This information may be set forth in a written communication to the contracting officer. (e) Guidelines should include, but are not limited to, statutory and other procedures for consultation with American Indian Tribes and suggested approaches to address impediments. DOE O 144.1 5 1-16-09 (f) Determine which programs, contracts, projects, policies, and regulations impact or potentially impact American Indian Tribes and ensure tribal participation in the development of such Departmental actions. e. Reporting. An annual report must be submitted by January 30 each year to the Assistant Secretary for Congressional Affairs outlining the program’s interactions with American Indian Governments and compliance with the principles of the DOE American Indian Policy. 5. RESPONSIBILITIES. a. Heads of Headquarters Elements. (1) Designate programmatic Headquarters points of contact. (2) Inform the Deputy Assistant Secretary for Intergovernmental and Tribal Affairs (DAS) of meetings, briefings, or similar levels of interactions with American Indian Government officials or tribal organizations. The DAS must be consulted regarding all meetings, and a determination must be made whether a representative from the Office of Congressional and Intergovernmental Affairs should be present. (3) Submit annual reports to the Assistant Secretary for Congressional Affairs outlining the Program’s interactions with American Indian Governments and the Program’s compliance with the principles of the Indian Policy. (4) Supervise the programmatic Headquarters and field points of contact whose responsibilities include regular interaction with senior management about American Indian Government representatives. (5) Ensure that all personnel whose work has, is likely to have, or could potentially have an impact on tribal governments, entities, officials and/or representatives, receive training on the Indian Policy, sensitivities in working with American Indian tribes, the federal government’s government-to-government obligation, etc.

(6) Develop and/or apply existing internal guidelines as needed to implement the DOE American Indian Policy (see Attachment #2) in areas under their cognizance. b. Heads of Field Elements in Conjunction with Responsible Heads of Headquarters Elements. (1) Supervise the programmatic field point of contact whose responsibilities include regular interaction with senior management about the program’s 6 DOE O 144.1 1-16-09 interaction with American Indian Government representatives. This programmatic field point of contact will: (a) Serve as a liaison and resource for management and staff to facilitate consistent interactions, consultation, and government-to-government relations with American Indian governments. (b) Coordinate with the programmatic Headquarters point of contact for purposes of the DOE Tribal Energy Steering Committee meetings and other Tribal points of contact meetings. (c) Inform the programmatic Headquarters point of contact of tribal interactions at the field level. (d) Serve as the point of contact for the Contracting Officer, as needed, to assist with tribal provisions in applicable solicitations and contracts. (e) Maintain a list of current contact information for the tribal leadership and staff for whom there are regular interactions and update the Headquarters point of contact accordingly. (f) Educate and train or facilitate the education and training of management and relevant staff about this Order, the American Indian Policy and its principles and requirements, and any other relevant tribal guidance. (2) Ensure that all employees whose work has, is likely to have, or could potentially have an impact on tribal governments, entities, officials and/or representatives, receive training on the Indian Policy, sensitivities in working with American Indian tribes, and the federal government’s government-to-government obligation. (3) In accordance with the Tribal Framework (see Attachment #3) or as needed, develop or apply existing internal guidelines to assist management in its responsibilities to implement the Indian Policy in areas under their cognizance. (a) Guidelines should include, but are not limited to, statutory and other procedures for consultation with American Indian Tribes and suggested approaches to address impediments. (b) Determine which programs, contracts, projects, policies, and regulations impact or potentially impact American Indian Tribes and ensure tribal participation in the development of such Departmental actions. DOE O 144.1 7 1-16-09 (4) Inform the programmatic Headquarters points of contact about all meetings, briefings, or similar levels of interactions with American Indian Government officials or tribal organizations. c. Assistant Secretary for Congressional and Intergovernmental Affairs. (1) Collects from the heads of departmental elements an annual report due January 30 of each year that details interactions with American Indian Governments and compliance with the principles of the Indian Policy. This report will be submitted to the Secretary of Energy by March 30 of each year. (2) Chairs the DOE Tribal Steering Committee as outlined in the Charter. See Attachment 4. d. Deputy Assistant Secretary for Intergovernmental and Tribal Affairs (DAS). (1) Executes the responsibilities of the DOE Tribal Energy Steering Committee as outlined in the committee charter (Attachment 4). (2) Hosts regular conference calls or meetings with programmatic Headquarters and field American Indian Government points of contact.

(3) Provides policy guidance to heads of Departmental elements concerning the Department’s relationships with the American Indian Tribes. (2) Serves as the Department’s overall point of contact for American Indian Governments and Tribal organizations on the DOE webpage and other internal communication documents. (3) Identifies and maintains a point of contact system and internal communications mechanisms among Departmental and field personnel whose responsibilities include interacting with American Indian Government representatives. (4) Maintains and distributes reference resources needed to support Tribal policy implementation activities on a regular basis. (5) Identifies and monitors progress toward eliminating regulatory, statutory, and/or procedural impediments to the Department working directly with tribes. (6) Develops and monitors Headquarters and field implementation of procedures for consultation with American Indian Governments to ensure that tribal rights, including concerns regarding cultural resources management, are considered. 8 DOE O 144.1 1-16-09 (7) Promotes cooperation with Federal and state agencies that have related American Indian Government responsibilities. e. General Counsel provides advice to DOE elements and the DOE Tribal Steering Committee pertaining to legal requirements, policy and regulations concerned with American Indian Governments. f. Programmatic Headquarters and Field DOE Tribal Points of Contact. (1) Serve as information resources and liaisons for management and staff to facilitate consistent interaction, consultation, and government-to-government relations with American Indian governments. (2) Serve as resource for the contracting officer, as needed, to assist with tribal provisions in applicable solicitations and contracts. (3) Educate and train or facilitate the education and training of management and relevant staff about requirements of this Order, the Indian Policy and its principles and requirements, and any other relevant tribal guidance. g. Head of the Contracting Activity, in conjunction with the responsible head of field element, must support the CRD (Attachment 1) in the applicable solicitations and contracts. h. Contracting Officer must work with the designated DOE tribal point of contact, as identified by the responsible head of Headquarters element or head of the field element, to edit and complete the CRD as appropriate and include the CRD in the solicitation and contract. 6. REFERENCES. The following references are included by reference in this Order. a. DOE American Indian and Alaska Native Tribal Government Policy (“Indian Policy”), dated January 20, 2006, or its successor (Attachment 2). b. Framework to Provide Guidance for Implementation of US Department of Energy’s American Indian and Alaska Native Tribal Government Policy, dated November 27, 2007, or its successor. (Attachment 3) c. DOE Tribal Energy Steering Committee Charter, dated March 1, 2006, or its successor (Attachment 4). d. Executive Order 13175 of November 6, 2000, Consultation and Coordination with Indian Tribal Governments. e. DOE P 141.1, Department of Energy Management of Cultural Resources, dated 5-2-01, or its successor. DOE O 144.1 9 1-16-09 7. DEFINITIONS.

a. Indian Nation. Any American Indian or Alaska Native Tribe, Band, Nation, Pueblo or other organized group or community, including any Alaska Native village [as defined or established pursuant to the Alaska Native Claims Settlement act (43 U.S.C. 1601 et seq.)], which is acknowledged by the Federal government to constitute a tribe with a government-to-government relationship with the United States and eligible for the programs, services, and other relationships established by the United States for indigenous peoples because of their status as American Indian and Alaska Native tribes, Bands, Nations, Pueblos or communities. b. American Indian and Alaska Native Tribal Government. The recognized government of an Indian nation and any affiliated or component band government of such nation that has been determined eligible for specific services by Congress or officially recognized pursuant to 25 CFR Part 83, in the most recent Bureau of Indian Affairs Federal Register Notice, “Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs.” See Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007. c. Trust Responsibility. Promotion and protection of tribal treaty rights, federally recognized reserved rights, and other federally recognized interests of the beneficiary American Indian and Alaska Native nations; determining, documenting, notifying, and interacting with tribal governments with regard to the impact of Departmental programs, policies, and regulations to protect American Indian and Alaska Native traditional and cultural ways of life, natural resources, treaty and other federally recognized and reserved rights. d. Consultation. Prior to taking any action with potential impact upon American Indian and Alaska Native nations, providing for mutually agreed protocols for timely communication, coordination, cooperation, and collaboration to determine the impact on traditional and cultural ways of life, natural resources, treaty and other federally reserved rights involving appropriate tribal officials and representatives throughout the decision-making process, including final decision-making and action implementation as allowed by law, consistent with a government to government relationship. e. Cultural Resources. This includes but is not limited to “historic properties” as defined in the National Historic Preservation Act, “archaeological resource” as defined in the Archaeological Resources Protection Act, and “cultural items” as defined in the Native American Graves Protection and Repatriation Act. f. Treaty and Trust Resources and Resource Interests. Natural and other resources specified and implicit in treaties, statutes, and agreements, or lands or other resources held in trust by the United States for the benefit of tribes or individual 10 DOE O 144.1 1-16-09 Indian beneficiaries, including land, water, timber, fish, plants, animals, and minerals. In many instances, Indian nations retain hunting, fishing, and gathering rights, and access to these areas and resources on lands or waters that are outside of tribally owned lands. g. DOE Tribal Steering Committee. A group representing offices with a tribal focus within the Department. The purpose of the Tribal Energy Steering Committee is to coordinate on tribal energy issues across affected DOE programmatic offices.

8. NECESSITY FINDING STATEMENT. In compliance with Sec. 3174 of P.L. 104-201 (50 U.S.C. 2584 note), DOE hereby finds that this Order is necessary for the protection of human health and the environment or safety, fulfillment of current legal requirements, or conduct of critical administrative functions. 9. CONTACT. Questions concerning this Order should be directed to the Office of Congressional and Intergovernmental Affairs at 202-586-5450. BY ORDER OF THE SECRETARY OF ENERGY:   JEFFREY F. KUPFER    Acting Deputy Secretary  DOE O 144.1 Attachment 1 1-16-09 Page 1 CONTRACTOR REQUIREMENTS DOCUMENT  DOE O 144.1, Department of Energy American Indian Tribal Government   Interactions and Policy  Regardless of the performer of the work, the site/facility management contractor is responsible for complying with the requirements of this contractor requirements document (CRD) and flowing down CRD requirements to subcontractors (greater than $100,000, if applicable, or less than $100,000 for work that may impact an American Indian Tribe), to the extent necessary to ensure contractor compliance. The CRD applies to the DOE site/facility management contractor and their subcontractors, who could reasonably be expected to perform work or interact with American Indian Tribes representatives as part of their duties as agents to DOE. This work, anticipated work, interaction and/or meetings may result in an impact of the traditional and cultural lifeways, natural resources, treaty and reserved treaty rights, and legal rights of a federally-recognized American Indian Tribe. As may be directed by the Contracting Officer, the Contractor will assist the Department in meeting its responsibilities under Executive Order (E.O.) 13084, Consultation and Coordination With Indian Tribal Governments; the DOE American Indian and Alaska Native Tribal Government Policy and its seven guiding principles; if applicable, the Framework to Provide Guidance for Implementation of the US Department of Energy’s American Indian and Alaska Native Tribal Government Policy (reference 6.b of the DOE Order); DOE P 141.1, Department of Energy Management of Cultural Resources; and any applicable Federal laws, regulations, and treaties to ensure that tribal rights and interests are identified, considered, and protected with respect to work and other activities at DOE-owned and controlled sites and facilities. In sum, the Contractor will assist DOE on an ongoing basis to achieve meaningful consultation with American Indian Tribes on a government-to-government basis. As applicable, the contractor must: 1. Designate a point of contact(s) within their organization to interact with the Contracting Officer Representative (COR) and in coordination with the designated DOE tribal point of contact(s). 2. Ensure that its activities and work conducted, by the contractor or its subcontractors, at the site or facility appropriately protect the human health and safety, the environment, cultural resources, treaty rights, reserved treaty and other legal rights of the federally-recognized American Indian Tribes. 3. Ensure adequate and appropriate contractor management visibility and accountability within the Contractor’s organization and appropriate integration with DOE’s American Indian Tribal Government interactions. Utilize existing Departmental training programs or develop educational materials to train employees about affected Tribes, their Tribal Governments, culture, treaty and reserved treaty and other legal rights. If materials need to be developed, coordination must occur with the designated DOE tribal point of contact(s).

Attachment 1 DOE O 144.1 Page 2 1-16-09 4. Communicate timely and openly with the Contracting Officer, DOE Management, the designated DOE tribal point of contact(s), and the Federally-recognized American Indian Tribal Governments about the contractor’s proposed work that may involve tribal rights and interests (including, but not limited to: environmental monitoring and compliance, emergency operations and management, local citizens’ advisory boards, etc). Include tribal governments throughout the development and implementation of the proposed work. In all cases, notification is intended to allow for a reasonable and timely comment by the American Indian Tribe prior to the preparation and execution of the proposed work. 5. Support and cooperate with DOE in meeting its obligations under applicable laws, regulations, treaties and other applicable agreements in its government-to-government relations and consultations with federally-recognized American Indian Tribal Governments. DOE O 144.1 Attachment 2 1-16-09 Page 1 The Secretary of Energy Wa shington, DC 20585 January 20, 2006 MEMORANDUM FOR HEADS OF DEPARTMENTAL ELEMENTS D . FROM: SAMUEL W. BODMAN ~....{ uJ\I~ SUBJECT: DOE American Indian and Alaska Natives Tribal Government Policy I am committed to ensuring that the Deparonent of Energy (DOE) meets its responsibi lities to Indian Nations and works in a consistent manner with the govemmenHo-govemment relationships between federally recognized tribes and the U.S. Government. The attached American Indian and Alaska Natives Tribal Government Policy reaffirms"that conunitment and outlines the principles for the Department to follow. I am modifying tbis existing policy to provide for "periodic" summits. I request that you be responsive 10 the Depamnent's policy and look for ways to improve its implementation in order to ensure that all employees arc aware of this Policy and its provisions. Tribal participation is frequent ly critical to DOE's decision-making processes. If further guidance is needed, or if you have suggestions to improve the current policy, please contact Mr. Eric Ciliberti, Deputy Assistant Secretary for lntergovemmental Affairs, Office of Congressional and lntergovemmental Affa;n;. at (202) 586-4220. Attachment ® _QI'I'~- Attachment 2 DOE O 144.1 Page 2 1-16-09 U.S. DEPARTMENT OF ENERGY AMERICAN INDIAN & ALASKA NATIVE TRIBAL GOVERNMENT POLICY PURPOSE This Policy sets forth the principles to be followed by the Department of Energy (DOE) to ensure an effective implementation of a government to government relationship with American Indian and Alaska Native tribal governments. This Policy is based on the United States Constitution, treaties, Supreme Court decisions, Executive Orders, statutes, existing federal policies, tribal laws, and the dynamic political relationship between Indian nations and the Federal govemment.1 The most important doctrine derived from this relationship is the trust responsibility of the United States to protect tribal sovereignty and self-determination, tribal lands, assets, resources, and treaty and other federally recognized and reserved rights. This Policy provides direction to all Departmental officials, staff, and contractors regarding fulfillment of trust obligations and other responsibilities arising from Departmental actions which may potentially impact American Indian and Alaska Native traditional, cultural and religious values and practices; natural resources; treaty and other federally recognized and reserved rights.

BACKGROUND Indian nations are sovereign with unique political and legal standing derived from a longstanding relationship as stated in the Purpose section of this document. The Indian nations retain an inherent right to self-governmental authority, and, therefore, Federal activities affecting self-governance rights and impacting upon trust resources require policy implementation in a knowledgeable and sensitive manner protective of tribal sovereignty and trust resources. The DOE released its Indian Policy in 1992 and subsequently issued DOE Order 1230.2 that established the responsibilities and roles of the DOE management in carrying out its policy. At the request of Indian nations in 1998, the Secretary of Energy agreed to revise the 1992 American Indian Policy and effect comprehensive implementation. This revision was based in part on comments from Indian nations and their leadership and replaces the 1992 Policy that is part of the 1992 Order. DEFINITIONS Indian Nation means any American Indian or Alaska Native Tribe, Band, Nation, Pueblo, or other organized group or community, including any Alaska Native village [as defined or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)], which is acknowledged by the Federal government to constitute a tribe with a government to government relationship with the United States and eligible for the programs, services, and other relationships established by the United States for indigenous peoples because of their status as American Indian and Alaska Native tribes, Bands, Nations, Pueblos or communities. American Indian and Alaska Native Tribal Government means the recognized government of an Indian nation and any affiliated or component band government of such nation that bas been detennined eligible for specific services by Congress or officially recognized in 25 CFR Part 83, "Indian Entities Recognized and Eligible to DOE O 144.1 Attachment 2 1-16-09 Page 3 Receive Services from the United States Bureau of Indian Affairs," as printed in the Federal Register. Trust Responsibility includes, but is not limited to: promotion and protection of tribal treaty rights, federally recognized reserved rights, and other federally recognized interests of the beneficiary American Indian and Alaska Native nations; determining. documenting, notifying, and interacting with tribal governments with regard to the impact of Departmental programs, policies, and regulations to protect American Indian and Alaska Native traditional and cultural lifeways, natural resources, treaty and other federally recognized and reserved rights. Consultlltion includes, but is not limited to: prior to taking any action with potential impact upon American Indian and Alaska Native nations, providing for mutually agreed protocols for timely communication, coordination, cooperation, and collaboration to determine the impact on traditional and cultural Iifeways, natural resources, treaty and other federally reserved rights involving appropriate tribal officials and representatives throughout the decision-making process, including final decision-making and action implementation as allowed by law, consistent with a government to government relationship. Cullurlll Resources include, but are not limited to : archaeological materials (artifacts) and sites dating to the prehistoric, historic, and ethnohistoric periods that are located on the ground surface or are buried beneath it; natural resources, sacred objeclS. and sacred sites that have imponance for American Indian and Alaska Native peoples; resources that the American Indian and Alaska Native nations regard as supponive to their cultural and traditionallifeways.

Trellty Ilnd Trust Resources Ilnd Resource Interests include, but are not limited to: natural and other resources specified and implicit in treaties, statutes, and agreements, or lands or other resources held in trust by the United States for the benefit of tribes or individual Indian beneficiaries, including land, water, timber, fish, plants, animals, and minerals. In many instances, Indian nations retain hunting, fishing, and gathering rights, and access to these areas and resources on lands or waters that are outside of tribally­ owned lands. POLICY PRINCIPLES I. DOE RECOGNIZES THE FEDERAL TRUST RELATIONSHIP AND WILL FULFILL ITS TRUST RESPONSWILITlES TO AMERICAN INDIAN AND ALASKA NATIVE NATIONS. The DOE will be diligent in fulfilling its federal trust obligations to American Indian and Alaska Native governments in policy implementation and program management activities. The DOE will pursue actions that upbold treaty and other federally recognized and reserved rights of the Indian nations and peoples. The Department recognizes that some Tribes have treaty-protected and other federally recognized rights to resources and 2 Attachment 2 DOE O 144.1 Page 4 1-16-09 resource interests located within reservation boundaries, aboriginal territories, and outside reservation and jurisdictional boundaries, and will, to the extent of its authority, protect and promote these treaty and trust resources and resource interests, and related concerns in these areas. When internal policies, regulations, and statutes, or other barriers prohibit or binder the DOE trust protection actions or participation in eligible program initiatives, the Secretary will direct the agency to seek corrective protection measures, and tribal government program inclusion. The DOE is committed to protecting treaty compliance and trust interests of Indian nations during interactions with state and local governments and other stakeholders with regard to DOE actions impacting upon American Indian and Alaska Native governments and peoples. The Department wiJI infonn and educate state and local governmental entities and other stakeholders about the DOE's role and responsibilities regarding its trust relationship with Indian nations. The DOE will seek to detennine the impacts of Departmental· proposed legislation upon Indian nations, in extensive consultation and collaboration with tribes. The Secretary will implement this notice and consultation effort consistent with the intent and purpose of this Policy. II. THE DEPARTMENT RECOGNIZES AND COMMITS TO A GOVERNMENT TO GOVERNMENT RELATIONSIIIP AND WILL INSTITUTE APPROPRIATE PROTOCOLS AND PROCEDURES FOR PROGRAM AND POLICY IMPLEMENTATION. The DOE recognizes Tribal governments as sovereign entities with primary authority and responsibility for the protection of the health, safety and welfare of their citizens. The Department will reeognize the right of each Indian nation to set its own priorities and goals in developing, protecting, and managing its natural and cultural resources. This recognition includes separate and distinct authorities that are independent of state governments.

The Depanment, in keeping with the principle of sclf·govemance, recognizes American Indian and Alaska Native governments as necessary and appropriate non~Federal parties in the federal decision-making process regarding actions potentially impacting Indian country energy resources, environments, and the bealth and welfare of tbe citizens of Indian nations. The DOE will establish protocols for communication between tribal leaders, the Secretary, and federal officials. The DOE will ensure consistent application of program and policy implementation with Indian nations through periodic review, assessment, and collaboration with tribal representatives to audit protocol systems. Principles of consistent policy implementation will be tempered with consideration of the diverse culrures and ideals of the Indian nations. 3 DOE O 144.1 Attachment 2 1-16-09 Page 5 1lI. THE DEPARTMENT WILL ESTABLISH MECHANISMS FOR OUTREACH, NOTICE, AND CONSULTATION, AND ENSURE INTEGRATION OF INDIAN NATIONS INTO DECISION·MAKlNG PROCESSES. To ensure protection and exercise of tribal treaty and other federally recognized rights, the DOE will implement a proactive outreach effort of notice and consultation regarding current and proposed actions affecting tribes, including appropriate fiscal year budget matters. This effort will include timely notice to all potentially impacted Indian nations in the early planning stages of the decision-making process, including predraft consultation, in the development of regulatory policies on maners that significantly or uniquely affect their communities. As appropriate, the DOE will provide delivery of technical and financial assistance related to DOE-initiated regulatory policy. identifying programmatic impacts, and determining the significance of the impact. The DOE will continue to conduct a dialogue with Indian nations for long and short term decision-making when DOE actions impact Indian nations. The DOE will comply with the Consultation and Coordination With Indian Tribal Governments Executive Order 13084, May 14, 1998, and the Government to Government Relations With Native American Tribal Governments Executive Memorandum, April 29, 1994. The DOE will implement pennanent workshops and programs for field and headquarters staff on American Indian and Alaska Native cultural awareness and tribal governance. Due to the nature of the trust responsibility to tribal governments, perfonnance reviews of consultation activities will be conducted, in collaboration with tribal governments. IV. DEPARTMENT·WIDE COMPLIANCE WITH APPLICABLE FEDERAL CULTURAL RESOURCE PROTECTION AND OTHER LAWS AND EXECUTIVE ORDERS WILL ASSIST IN PRESERVA nON AND PROTECTION OF HISTORIC AND CULTURAL SITES AND TRADITIONAL RELIGIOUS PRACTICES. The Department will consult with any American Indian or Alaska Native tribal government with regard to any property to which that tribe attaches religious or cultural importance which might be affected by a DOE action. With regard to actions by DOE in areas not under DOE control or when an action of another federal agency takes place on DOE land, DOE will consult with tribes in accordance with this Policy. Such consultation will include tribal involvement in identifying and evaluating cultural resources including traditional cultural properties; facilitating tribal involvement in determining and managing adverse effects; collaboration in the development and signing of memoranda of understanding with DOE, when appropriate.

Departmental consultation will include the prompt exchange of information regarding identification, evaluation and protection of cultural resources. To the extent allowed by law, consultation will defer to tribal policies on confidentiality and management of cultural resources. Consultation will include matters regarding location and management methodology; repatriation and other disposition of objects and human remains; access to 4 Attachment 2 DOE O 144.1 Page 6 1-16-09 sacred areas and traditional resources located on DOE lands, consistent with safety and national security considerations; and cultural resources impact assessment of potential loss to tribal communities. The DOE will comply with current and forthcoming cultural resource protection laws and Executive Orders including Native American Graves Protection and Repatriation Act; Archaeological Resources Protection Act; American Indian Religious Freedom Act; National Historic Preservation Act; National Environmental Policy Act; Freedom of Information Act; Privacy Act; Indian Sacred Sites Executive Order 13007, May 24, 1996; Consultation and Coordination With Indian Tribal Governments Executive Order 13084, May 14, 1998; Government to Government Relations With Native American Tribal Governments Executive Memorandum, April 29, 1994; Tribal Colleges and Universities Executive Order 13021; Executive Order 12898 on Environmental Justice. V. THE DEPARTMENT WILL INITIATE A COORDINATED DEPARTMENT­ WIDE EFFORT FOR TECHNICAL ASSISTANCE, BUSINESS AND ECONOMIC SELF-DETERMINATION DEVELOPMENT OPPORTUNITIES, EDUCATION, AND TRAINING PROGRAMS. The Department will implement a consistent national outreach and conununication effort to inform tribal leaders and tribal program officials about access to internships and scholarships; availability of technical assistance and training opportunities; conventional and renewable energy development programs; related tribal business and individual member business enterprise, service~provider, and contracting opportunities. The DOE recognizes the need for direct funding and technical assistance from applicable DOE~sponsored programs within the Department and the National Laboratories which deal with regulation, energy planning, and development of energy resources on tribal lands and Alaska Native site~controlled and trust lands. The Department will provide information and outreach programs to tribal and individual member businesses on opportunities to participate, compete, and participate in renewable and conventional energy generation, transmission, distribution, marketing and energy services, grants, and contracts. The Department will assist in development of balanced, sustainable, and viable American Indian and Alaska Native communities by continuing to implement Title XXVI, Indian Energy Resources, of the National Energy Policy Act that provides for the promotion of resource development and energy integration. The Secretary wilJ create programs that encourage and support the establishment of federal, private, tribal and intertribal partnerships. The Department will provide assistance and coordinate with other federal agencies in the development of energy~ related projects. 5 DOE O 144.1 Attachment 2 1-16-09 Page 7 (and Page 8) VI. THE SECRETARY OF ENERGY WILL CONDUCT PERIODIC SUMMlTS WITH TRIBAL LEADERS FOR PERFORMANCE REVIEW OF POLICY IMPLEMENTATION AND ISSUE RESOLUTION.

The Secretary will engage tribal leaders in periodic dialogue, to discuss the Department's implementation of the American Indian and Alaska Native Policy. The dialogue will provide an opportunity for tribal leaders to assess policy implementation, program delivery, and discuss outreach and communication efforts, and other issues. VII. THE DEPARTMENT WILL WORK WITH OTHER FEDERAL AGENCIES, AND STATE AGENCIES, THAT HAVE RELATED RESPONSIBILITIES AND RELATIONSHIPS TO OUR RESPECTIVE ORGANIZATIONS AS THEY RELATE TO TRIBAL MATTERS. The DOE will seek and promote cooperation with other agencies that have related responsibilities. The Department's mission encompasses many complex issues where cooperation and mutual consideration among governments (federal, state, tribal, and local) arc essential. The DOE will encourage early communication and cooperation among all governmental and non-federal parties regarding actions potentially affecting Indian nations. The DOE will promote interagency and interdepartmental coordination and cooperation to assist tribal governments in resolving issues requiring mutual effort. January 2006 I This Policy is not intended 10, and does not, grant, ~pand, create or diminish any legally enrorceable rights, benefits, or !rUSt responsibilities, substantive or procedW1ll, not otherwise granted or ereated under existing law. Nor shall this Policy be construed to .lter, amend, repeal, interpm, or modify tribal sovereignty, any treaty rights orany Indian tribes. or 10 preempt, modify, or limit the tlIercisc of any such rights. Nothing htTCin shall be interpreted as amending or changing current DOE orders and guidaDce regarding classified information, including need 10 Jcnow. 6 DOE O 144.1 Attachment 3 1-16-09 Page 1 Department of Energy Washil\gton, DC 20585 NOV 27 2Dt1l MEMORANDUM FOR DISTRIBUTION IT) 't ,~ FROM: THOMAS P. D'AGOSTINO~ ~. .ll ~~ o,t,,,,,,, UNDER SECRETARY FOR NUCLEAR SECURITY ADMINISTRATOR, NATIONAL NUCLEAR SUBJECT: SECURITY ADMINISTRATION C. H. ALBRIGHT, JR. UNDERSECRETAR~~ ~.~ Y Offices of Environmental Management, Science, Nuclear Energy. and the National Nuclear Security Administration Fl'amework for Implementing the Department of Energy's American Indian and Alaska Native Policy The Department of Energy (DOE) issued its first American Indian Policy in 1992 and subsequently issued DOE Order 1230.2 establishing the responsibilities and roles of DOE management in carryin& out the policy. In 1998. at the requesl of and in consultation with Indian Nations, DOE revised the Policy to effect greater and comprehensive implementation. A revised American Indian and Alaska Native Tribal Government Policy (DOE Indian Policy) was issued on October 31, 2000. On January 20, 2006, Secretary Bodman reaffirmed the revised DOE Indian Policy that outlines the principles to be followed by the Department in its interactions with tribes. This reaffirmation demonstrates the Department's continuing commitment to meeting its responsibilities in the government-to­ government relationships between federally recognized American Indian tribes and the Department. We fully support the Secretary's reaffirmation, and because many of our facilities are adjacent to tribal lands, we are committed to ensuring that our respective organizations fully implement the core tenets of the DOE Indian Policy. We view Attachment 3 DOE O 144.1 Page 2 1-16-09 implementation of.tbe DOE Indian Policy as an important and continuing aspect of our work in the pursuit of our respective missions.

2 To ensure effective and comprehensive implementation of the DOE Indian Policy, a Framework providing guidance for implementation has been developed through the efforts of Environmental Management's (EM) Office of Public and Intergovernmental Accountability, Nuclear Energy's (NE) Office of Communications and Involvement, Science's (Se) Senior Advisor on Scientific Institutional Outreach, and the National Nuclear Security Administration's (NNSA) Office of Diversity and Outreach and Office of Infrastructure and Environment in coordination with other DOE programs. These offices received critical input from the State and Tribal Government Working Group. The EM, NE, SC, and NNSA Framework is provided for your immediate distribution and implementation. Additionally, a copy of Secretary Bodman's reaffirmation memorandum is attached along with a copy of the newly reaffirmed and revised DOE Indian Policy. Should you have any questions, please contact Ms. Melissa Nielson, Director, EM Office of Public and Intergovernmental Accountability (EM-l3), Mr. Justin Fleshman, Policy Advisor, NE Office of Corporate Communications and External Coordination (NE-44), Mr. Joseph V. Martinez, Senior Advisor on Scientific Institutional Outreach (SC-2) , or Ms. Mary Ann Fresco, Director, NNSA Office ofDiversity and Outreach (NA-61). Attachments DOE O 144.1 Attachment 3 1-16-09 Page 3 OFF1CE OF ENVIRONMENTAL MANAGEMENT, OrnCE OF NUCLEAR ENERGY, OrnCE OF SCIENCE, AND NATIONAL NUCLEAR SECURITY ADMINISTRATION (NNSA) DEPUTY ADMINISTRATOR FOR DEFENSE PROGRAMS FRAMEWORK TO PROVIDE GUIDANCE FOR IMPLEMENTATION OFU.8. DEPARTMENT OF ENERGY'S AMERICAN INDIAN AND ALASKA NATIVE TRIBAL GOVERNMENT POLICY I. Introduction and Scope A. History and Background of the American Indian and Alaska Native Tribal Government Policy To support the Department of Energy's (DOE) commitment to meeting its government-la-government relationships with federally recognized American Indian tribes, DOE issued its American Indian Policy in 1992 and subsequently issued DOE Order 1230.2 that established the responsibilities and roles of DOE management in carrying out its policy. Every Secretary since has Connally reaffirmed it. At the request of Indian Nations in 1998, the Secretary agreed to revise the 1992 Policy and effect a comprehensive implementation. A revised American Indian and Alaska NtJlive Tribal Government Policy was issued on October 31, 2000 and on January 20, 2006 (hereinafter referred to as "DOE Indian Policy"). The revised DOE Indian Policy outJines the principles to be followed by the Department in its interactions with Indian nations. B. Implementation of the Framework This Joint Framework is not intended to, and does not, grant, expand, create, or diminish any legally enforceable rights, benefits, or trust responsibilities, substantive or procedural, not othelWise granted or created under existing law. Nor shall this Joint Framework be construed to alter, amend, repeal, interpret, or modify tribal sovereignty, any treaty rights of any Indian tribes, or to preempt, modify, or limit the exercise of any such rights. Nothing herein shall be interpreted as amending or changil)g current DOE orders and guidance regarding classified information, including need to know.

The Assistant Secretaries for the Offices of Environmental Management (EM) and Nuclear Energy (NE), the Director of the Office of Science, and the National Nuclear Security Administration (NNSA) Deputy Administrator for Defense Programs have conunitted to a Framework to Provide Guidance/or Implementation a/the U.S. Department 0/ Energy's American Im/illn and Alaska Native Tribal Government Policy (hereinafter referred as the "Framework") in order to enhance DOE's government-to-government working relationship with Indian Nations. Page 1 of 12 Attachment 3 DOE O 144.1 Page 4 1-16-09 The Framework is intended to strengthen the govemmenHo-government relationship between affected Indian Nations and DOE. The Framework supports improving consultation and communication with Indian Nations, and enhances participation in EM, NE, se, or NNSA actions early in DOE's decision-making and implementation processes related to activities such as cultural resources protection, long-range planning. and other decisions that may affect the interests of Indian Nations. The Framework is not intended to be a substitute for existing individual tribal protocols concerning specific DOE activities that result in consultation. Nor shall this Joint Framework serve as a substitute for specific consultation processes outlined in the National Historic Preservation Act, Native American Graves Protection and Repatriation Act, or replace dispute resolution processes available under Federal flDancial assistance regulations (10 CFR 600). C. Scope The Framework is directed at all EM, NE, SC, and NNSA facilities, programs, and sites. and at DOE sites where there are EM, NE, SC, or NNSA funded activities. The Framework recognizes that trust responsibilities extend to protected rights and resources. To the extent not already developed, specific site plans for EM, NE, Set and NNSA programs and facilities will be developed to integrate program activities including cultural and natural resources management at those sites in a comprehensive approach. D. Definitions The DOE Indian Policy provides definitions of the following: Indian Nation, trust responsibilities, consultation. cultural resources, and treaty and trust resources. For purposes of this Framework, the following additional definitions shall apply: "Field Elements" includes those entities outside DOE Headquarters (HQ) including but not limited to: field, operations, area, and site offices, and service centers. "Affected tribe" means any Indian tribe whose reservation. or whose federally defined possessory or usage rights to other lands outside of the reservation ' s boundaries, arises out of ratified treaties or other statutes, and may be impacted by DOE policies, programs, and activities. "Senior Representative" is an agent of the Goyemment who has the authority to bind the Govenunent in a decision~mak.ing process. Page 2 of 12 DOE O 144.1 Attachment 3 1-16-09 Page 5 Defmitions in 10 CFR 1021 (National Environmental Policy Act Implementing Procedures) applicable to Tribal Government Policy Implementation also include: "Action" means a project, program, plan or policy that is subject to DOFJEM, NE, SC, and NNSA control and responsibility. "DOE Proposal" means a proposal for an action, if the proposal requires a DOE decision. "Natural resources," as defined under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 101(16) means;

"land, fish, wildlife, biota, air, water, groundwater, drinking water, supplies. and other such resources belonging to, managed by, held in trust by. appertaining to or otherwise controlled by the United States, and State or local government, any foreign government, any Indian tribe, or, if such resources are subject to a trust restriction or alienation. any member of an Indian tribe." II. Purpose and Goals A. Purpose To ensure consistent interpretation and application of the DOE Indian Policy and its principles when dealing with affected tribes, the Framework is intended to coordinate DOE's implementation of its policy with the activities at both HQ and Field Elements. B. Goals (1) Ensure that EM, NE. se. and NNSA elements work with affected tribes at the stan of any process that will impact tribal rights and resources in treaty or other protected areas in order to integrate the DOE Indian Policy into its mission, activities. work authorizations, and perfonnance evaluations. and other decision­ making processes and procedures. (2) Raise the level of awareness of and knowledge of the DOE Indian Policy and the Framework for HQ and Field Elements. This may include regular training sessions and workshops. (3) Foster awareness and a working knowledge of the DOE Indian Policy and the Framework among affected tribes. (4) Ensure that implementation of the DOE Indian Policy and Framework is consistent with applicable requirements including DOE P 141.1- DOE Management of Cultural Resources. Page 3 ofl2 Attachment 3 DOE O 144.1 Page 6 1-16-09 III. Po1icy Principles for Notification and Consultation "Policy Principle I T"e Department recognizes t"e Federal Trust Reltztions"ip and will fulfill its trust responsibilities to Americall Indian and Alaska Native Nations. " Each EM. NE. SC. and NNSA Field Element shall endeavor to comply with the DOE Indian Policy for all activities within their purview and shall use their best effons to inform state and local govenunental entities, and other stakeholders about DOE's roles and responsibilities regarding affected tribes, including its responsibility to treat tribes as sovereign governments. EM, NE. SC, and NNSA will work to foster the govenunent-to-govemment relationship with Indian Nations impacted by its activities and to maintain DOE's trust responsibilities including: Consulting, to the greatest extent practicable and permitted by law, with Indian Nations prior to taking actions that affect federally recogniz.ed tribal governments; Protecting tribal people and tribal resources from EM, NE, SC, or NNSA actions that could harm their health, safety, or sustainability; and Protecting cultural and religious artifacts and sites on lands managed by DOE. EM, NE, SC, and NNSA's role, including Field Elements. in coordination with el, is to raise awareness and distribute documents related to the DOE Indian Policy, including DOE Orders pertaining to the DOE Indian Policy, the Framework, and other documents related to the DOE Indian Policy. "Policy Pri1lciple II The Departme"t rBcog"hes and commits to a government-to­ government relalionship and will institute appropriate protocols and procedures, for program and policy implementation." EM, NE. SC, and NNSA, including Field Elements, will ensure periodic review and assessments, and will collaborate with tribes to examine current DOE protocols and fmancial assistance to tribes. To the extent not already done, EM, NE. SC, and NNSA, including Field Elements, will also collaborate with affected tribes on protocols to enhance a working government-te-government relationship.

"Policy Principle III ThB Deparlme1lt wiU establish mechanisms for outreach, notice, and consuiJaJion, and ensure integratWn of India1l NatWns inw decision-making processes. " Page 4 of 12 DOE O 144.1 Attachment 3 1-16-09 Page 7 A. Consultation Consultation is formal communication on a government-to-government basis. It is conducted between leaders of tribal governments and senior representatives from the Federal Government. After a relationship has been developed, agreements may be reached that recognize and sanction communications between federal and tribal designated representatives. A key component of this type of consultation is the federal government's recognition of tribal sovereignty. Staff-ta-staff discussions frequently occur between federal and tribal mid-level management and technical staff at meetings. through telephone contacts, and dwing on-site visits. Although generally not recognized by tribes as government-to­ government consultation. staff-lo-staff communication serves as a useful. and sometimes necessnry. conduit for sharing information. satisfying certain legal requirements, and developing relationships. If agreed upon by both the DOE and tribal officials . staff-to-staff discussions or communications can be considered govemment-to-government consultation. When staff-lo-staff discussions are ongoing, both DOE and the tribes should regularly consider whether the level of consultation should be elevated. Site implementation plans may amplify protocols in this regard and can reflect differences in defmition of consultation. Site implementation plans should encourage tribal and contractor interaction as a form of staff or technical discussion but not as consultation at the policy level. EM, NE, SC, and NNSA will consult with the potentially affected tribe(s) in accordance with DOE Order 1230.2 and the DOE Indian Policy principles whicb define consultation as including, but not limited to. coordination, cooperation, and collaboration to detennine the impact on traditional and cultural life ways, natural and cultural resources, treaty and other federally reserved rights. Appropriate tribal officials and representatives will be invited to participate as allowed by law and consistent with a government-to-government relationship. Consultations and resulting decisions are to be documented. including a description of infonnation provided • .as part of the consultation process. B. Notification of Proposed Activities that May Affect Tribe(s) EM, NE, SC, and NNSA will, in consultation with appropriate tribal governments. develop protocols to implement notification and consultation in accordance with DOE Order 1230.2. and the principles stated in the DOE Indian Policy, to the extent its programs affect or may affect tribal interests. Protocols will be consistent with. but may expand upon, existing tribal Dotification and consultation procedures defmed in 10 CFR 1021 for DOE proposed actions and 36 CFR 78 and 800. At a minimum, notification protocols will be established for an EM, NE, SC, and NNSA proposed Page 5 of 12 Attachment 3 DOE O 144.1 Page 8 1-16-09 actions, and for other activities, meetings, or areas that may be of interest to affected tribes: (1) When the proposed EM, NE, SC, or NNSA activity origin.tes .t DOE HQ, there will be an internal process as outlined below to ensure that tribes are apprised of activities that concern them.

(a) The Assistant Secretaries for EM and NE, the Director of the Office of Science, and the NNSA Deputy Administrator for Defense Programs will notify tribes through EM's Office of Public and Intergovernmental Accountability, NE's Office of Corporate Communications and External Affairs, SC's Office of the Deputy for Programs. or NNSA's Office of Diversity and Outreach (hereinafter collectively referred to as "HQ Tribal Lead Offices") in coordination with the relevant HQ-EM, NE, SC, or NNSA programs. HQ Tribal Lead Offices will notify and follow-up with the EM, NE, SC, or NNSA tribal issues point of contact (POC) at the site and the tribes; and (b) At the site, the EM, NE, SC, or NNSA tribal issues POC will also notify the potentially affected tribe(s) in advance of the action being taken. (2) When the proposed activity originates from or affects the site, coordinating notification among field elements of proposed activities that may impact tribes is the responsibility of the EM, NE. se, or NNSA prograuunatic office where the proposed acc:ivity originates. Such EM, NE, SC, or NNSA progranunatic office will notify the HQ Tribal Lead Office and the POC for the site who will notify the tribe(s). The site office, through the POC, in consultation with appropriate Indian Nation officials. may establish protocols for notification. C. Timefrnme The timeframe for notifying tribes of any proposed activity that may affect them will be to the extent practicable at the earliest stages in the development of the proposed activity after having been identified. EM. NE, se, and NNSA will endeavor to involve tribes throughout the development and implementation or the proposed activity. In all cases, notification is intended to allow for a reasonable and timely comment by Indian Nations prior to a DOE fmal decision. IV. Policy Principle for Cultural and Natural Resource Protection "Policv Principle IV Department.wide compliance with applicable cultural resource protection and other laws and Executive Orders will assist in the preservation and protection 01 historic and cultural rues including Iradilional religious practices, and traditional cultural properties and places." Page 6 of 12 DOE O 144.1 Attachment 3 1-16-09 Page 9 EM, NE, SC, and NNSA Field Elements in consultation with tribes, have established site­ specific cultural resource management plans as needed for their programs or sites, for implementing DOE P 141.1, meeting responsibilities established therein for compliance with cultural resource laws and regulatory requirements, and consultation with affected tribes on cultural resource management. Field Elements will provide appropriate access to Indian nations to make use of sacred areas located on DOE 'Iands consistent with safety and national security considerations. EM, NE, SC, and NNSA will endeavor to protect natural resources which include plants, animals, minerals, and natural features that have religious significance to Indian tribes andlor are held in trust by the Federal Government. EM, NE, SC, and NNSA Field Elements should utilize tribal expertise as needed and when appropriate. v. Policy Principle for Economic Selr-Determination flpoliey Principle V The Department will iniliate a coordinated Department-wide effort for technical assistance, business and economic self-determinatioll, developmellt opportunities, educatWn and training programs. JJ

EM, NE, SC, and NNSA will, consistent with their mission, consult with tribal leaders to identify types of technical assistance and business and economic development opportunities available to tribes. EM, NE, SC, and NNSA and Field Elements will regularly meet with tribes to understand the tribe's ability to provide services. To the maximum extent practicable, EM, NE, SC, and NNSA will notify tribes of applicable grants, scholarships, or other educational, training assistance, and requests for proposals concurrent with public announcements of non-sensitive procurement information. VI. Policy Principle for Tribal Summit "Policy Principle VI The Secretary of Energy win conduct periodic summits wilh tribal leaders for performance review of policy implementation and issue resolution. " EM, NE, SC, and NNSA, along with other DOE elements, will actively support regional andlor national summit effons, including receiving comments relared to summit preparation, and will coordinate with the Office of the Secretary and tribes on scheduling and agenda as appropriate. YD. Policy Principle for Interagency and Interdepartmental Coordination "Policy Principle VII The Department will work with other federal agencies and sMte agencies that have related responsibilities and relationships to our respective organizations as they relate to tribal matters. 11 EM, NE, se, and NNSA will seek and promote interagency and interdepartmental coordination and cooperation as it relates to EM. NE. SC. or NNSA's missions in order to assist tribal governments. Applicable related responsibilities of other state and federal entities that affect implementation of the DOE Indian Policy may be included in site Page 7 of 12 Attachment 3 DOE O 144.1 Page 10 1-16-09 specific procedures. Affected Tribes will be consulted and involved regarding interagency and interdepartmental issues affecting tribes for EM, NE, SC, and NNSA activities. VIII. Other Issues A. Transportation Transportation of hazardous and radioactive materials by DOE and other federal agencies across reservations is an activity that could potentially impact tribes across the country, inclUding tribes that are not directly impacted by the DOE site activities. The scope of transportation-related issues, including pre-notification of shipments, emergency response training. and others has been addressed in a series of transportation protocols. The protocols are included in DOE's Radioactive Material Transportation Practices Manual (DOE M 460.2-1). The manual establishes a set of standard transportation practices for DOE organizations, including EM. NE, SC, and NNSA, to use in planning and executing shipments of radioactive materials. These practices establish a standardized process and framework for interacting with state, tribal and local authorities regarding DOE radioactive shipments. The transportation of hazardous and radioactive materials across reservations will be in accordance with the limits and types of materials that are covered by the highway route regulations governing controlled quantities. EM, NE. SC. and NNSA and other DOE organizations are responsible for compliance with all applicable transportation regulations and agreements with state. mbal. or local authorities. B. Review of this Joint Framework When new legislation, regulations. changes in Departmental policy, or other developments impacting Indian Nations require corresponding changes in the Framework. EM. NE. SC. or NNSA will review the changes and the DOE Indian Policy and collaborate fully with affected tribes on revisions to the Framework.

C. Contractor Role This section is to be implemented by cognizant program officials within EM, SC, NE, and NNSA, who shall insure that contract provisions include the following: (1) The DOE American Indian and Tribal Government Policy (DOE 1230.2. October 2000) shall be implemented by contractors to the degree it has been included in contracts affecting tribal interests awarded to private corporatiOns. (2) For extensions of contracts or for future contracts at sites with tribal implications, inclusion of the Policy should be considered. Page 8 of 12 DOE O 144.1 Attachment 3 1-16-09 Page 11 (3) This Framework should be included as needed and appropriate in contracts through the use of a special contract clause. (4) Where the Policy andlor the Framework have been included in contracts. the standard review process for contracts should be utilized to insure contractor compliance. D. Evaluation EM. NE. SC. and NNSA HQ and Field Elemenls will be evalualed al leasl biennially on how successfully they implement the Policy and the Framework. The HQ Tribal Lead Offices will have the responsibility for ensuring that the evaluation is conducted in a meaningful manner. EM. NE. SC, and NNSA will involve affected tribes in this evaluation. Tribal concerns and input will be considered. EM, NE, SC, and NNSA HQ and field employees should participate and provide input for this evaluation. E. Education and Training EM. NE. se. and NNSA will establish training andlor awareness programs for their federal and contractor employees. At sites which interact frequently with tribal governments, EM, NE, SC. and NNSA Field Elements will establish additional and ongoing training and awareness programs for DOE and contractor staff. EM, NE, se, and NNSA Program offices and sites shall require employees who work directly with Tribal govenunents to read the DOE Indian Policy, the Framework, and DOE Employees Guide. "Working with Indian Tribal Governments." and the HSS Guide on Consultation. In addition, it is recommended that all EM, NE, se, and NNSA employees and contractors review the Guide to aid in the understanding of Tribal Governmental roles, responsibilities, and status in relation to the Federal Government. EM. NE. SC, and NNSA will also provide training to employees regarding the affected Tribes, their culture, treaty and aboriginal rights, Tribal government, and at times collaborate with tribes on their specific Tribal identity. As appropriate, EM, NE, SC, and NNSA will provide information and training to the tribes about their respective programs, including other DOE programs if necessary. F. Points of Contact (1) A list of DOE tribal issues points of contact (POCs) is attached. (2) A list of tribal contacts for DOE-related issues will be provided to DOE HQ and Field Elements. Page 9 of 12 Attachment 3 DOE O 144.1 Page 12 1-16-09 (3) Where appropriate, tribes are encouraged to identify a POC for technical issues in addition to leadership points of contact for DOE policy consultation issues. (4) Both DOE and tribal poe lists will be updated on an annual basis by September 30, and will be distributed to appropriate parties. (5) The internet can be used to list DOE and Tribal POCs. If websites are utilized, the information will be reviewed at least annually and updated as needed. G. Financial Support and Technical Assistance

EM, NE, SC, and NNSA commit to using their best efforts to provide sustained and timely funding to affected tribes where requirements have been identified and agreed to by DOE. In addition, EM, NE, SC, and NNSA, in coordination with tribes, will seek to improve funding mechanisms and reporting activities. EM, NE, SC, and NNSA may also provide technical assistance directly to tribes or provide access to technical assistance where needs have been identified and the assistance agreed uoon lX. Dispute Resolution EM. NE. SC, and NNSA and the tribes will commit to utilizing their best efforts to resolve any disagreements that arise concerning EM, NE, SC, and l\TNSA actions or policies that the tribes believe are not in compliance with applicable laws or which could adversely affect tribal interests. In the event that a dispute should arise, existing procedures should be utilized, but if none exist, the following dispute process can be used: • First, attempts to resolve the issue(s) informally by working through the appropriate tribal and EM, NE, SC, or NNSA program counterparts should be made, primarily at the field level where the dispute has arisen. lfthis first attempt does not resolve the issue during the informal process, tben the issue will be referred to the HQ Tribal Lead Offices for resolution. • If the parties arc unable to resolve the dispute at the field/site office level, then the aggrieved party shall submit the matter to the appropriate DOE Assistant Secretary, Director. or NNSA Deputy Administrator for Defense Programs, and the tribe's senior official. • If the parties are unable to rcsolve tbe dispute at the Assistant Secretarial or Administrator and tribal leadership levels, the matter can be submitted to the Office of the Secretary of Energy and the proper tribal official(s) for resolution. • Ultimately as to matters interpreting DOE policies, tbe decision of the Secretary of Energy shall be final. Page to of t2 DOE O 144.1 Attachment 3 1-16-09 Page 13 X. Site-Specific Implementation In the event that EM, NE, SC, and NNSA Field Elements develop plans andlor procedures. these are to be supplemental (0 the Framework and are to address specific concerns or needs to achieve compliance with the DOE Indian Policy. It is understood that some EM. NE, SC, and NNSA sites and facilities have established programs and protocols that effectively serve to implement the DOE Indian Policy. The Framework is not intended to replace such programs andlor protocols, but merely to serve as a tool to bring consistency as needed. 'The internet is a valuable tool. and as each site and its affected tribes develop their site­ specific implementation procedures, they may be posted on an Internet site. If websites are utilized. the infonnation wiH be reviewed at least annually and updated as needed. EM. NE. SC, and NNSA in addition will infonn affected Tribes of such websites. XI. References The following documents provide guidance concerning the government-la-government relationship between DOE and tribal governments when implementing the DOE Indian Policy: • Relevant treaties and other agreements between the U.S. and individual affected tribes. Executive Orders and Acts of Congress • DOE Order 1230.2 transmitting the original American Indian Tribal Government Policy and established responsibilities for implementation of the DOE Indian Policy within DOE

• DOE Notice 144.1, revises the Order pertaining to the Policy • Executive Order 13007 on Indian sacred. sites • Executive Order 13175 on Consultation and Coordination with Indian Tribal Governments • Executive Order 13827 concerning the disclosure of information • Executive Memorandum. April 29, 1994. on Government to Government Relations with Native American Tribal Governments • DOE Policy 141.1. which establishes DOE policy for cultural resource management. compliance with cultural resource laws, regulations Supplemental References • List of Tribal poes for DOE-related issues • DOE Employee Guide: Working Witlllndian Tribal Nations (DOE/EM-077I, December 2000) • Native American Graves Protection and Repatriation Act • Archaeological Resources Protection Act • American Indian Religious Freedom Act • National Historic Preservation Act [36 CFR 78 and 36 CFR 800] Page 11 of12 Attachment 3 DOE O 144.1 Page 14 1-16-09 • National Environmental Policy Act (42 USC 4321 et seq) • Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601 et seq) • "Native American Consultation Infonnation Brief' (DOElEH41-oo19/1204, December 2004) • "Environmental Guidelines for the Development of Cultural Resource Management P1ans- Update" (DOE Guide4S0.1-3) • Radioactive Material Transportation Practices Manual (DOE M 460.2-1) • Freedom of Information Act • Privacy Act • Executive Order 13021, '1'ribal Colleges and Universities" • Executive Order 12898, "Environmental Justice" • DOE Financial Assistance Regulations, 10 CFR 600 • NEPA Implementation Procedures, 10 CFR 1021 • Tribal Consultation/Best Practices in Historic Preservation; May, 2005 • National Association of Tribal Historic Preservation Officers (NATHPO) • Working with Indian Tribal Nations; December, 2000 U.S. Department of Energy • Transportation Resources for Tribes; July, 2003 U.S. Department of Energy, EM • Government to Government. Understanding States and Tribal Governments; June 2000 National Conference of State LegislatureslNational Congress of American Indians • Models of Cooperation Between States and Tribal Government: May, 2002 National Conference of State LegislatureslNational Congress of American Indians • Resource Conservation and Recovery Act, (42 USC 6901 et seq) Attachment: Tribal Issues Point of Contact List Page 12 of 12 DOE O 144.1 Attachment 4 1-16-09 Page 1 DEPARTMENT OF ENERGY TRIBAL ENERGY STEERING COMMITTEE March 1, 2006 Purpose The Department of Energy Tribal Energy Steering Committee is a formal group of senior liaisons representing offices with a tribal focus within the Department. The purpose of the Tribal Energy Steering Committee is to coordinate on tribal energy issues across affected DOE programmatic offices. The committee will (1) provide a formal mechanism to help DOE tribal liaisons deal promptly with cross-cutting tribal energy concerns and to identify opportunities for synergy across various sectors within DOE, (2) share information among members and to solve problems affecting members, and (3) make recommendations directly to the Deputy Secretary on implementing tribal energy policies, procedures, or requirements. Membership Membership will be limited to a single top-level tribal liaison from each of the Program Offices with portfolios that involve tribal activities. The members will be comprised of officials from the following offices:  Office of Civilian Radioactive Waste Management

 Office of Congressional & Intergovernmental Affairs  Office of Economic Impact & Diversity  Office of Electricity Delivery and Energy Reliability  Office of Energy Efficiency and Renewable Energy  Office of Environmental Management  Office of Fossil Energy  Office of Nuclear Energy, Science and Technology  National Nuclear Security Administration  Office of Security and Safety Performance Assurance  Office of Science The Assistant Secretary of Congressional & Intergovernmental Affairs will serve as the Council Chairperson and will call meetings, set agendas, and ensure actions are completed. The Assistant Secretary may appoint a designee to chair the meetings in her absence. The Assistant Secretary Attachment 4 DOE O 144.1 Page 2 1-16-09 will appoint a non-member Council Secretariat to record and distribute meeting minutes and provide general logistic and administrative assistance. Meetings The Council will hold a regular meeting each month. The agenda for regular meetings will be prepared from topics each member submits to the Council Secretariat no less than ten (10) days prior to the meeting. The Chairperson reviews the candidate topics and prepares the final agenda which is distributed to members five (5) days prior to the meeting. Minutes for meetings will be distributed by the Council Secretariat within five (5) days following the meeting. Special meetings, including off-sites, may be scheduled by the Council Chairperson as necessary.