[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13137-13138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5282]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Draft Policy on Consultation with Alaska Native Claims Settlement
Act Corporations
AGENCY: Office of the Secretary, Interior
ACTION: Notice of availability and request for comments.
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SUMMARY: The Department of the Interior is requesting comments on its
draft policy on consultation with Alaska Native Claims Settlement Act
corporations.
DATES: Submit comments by April 27, 2012.
ADDRESSES: Send comments on the draft policy to: attn: Alaska
Consultation Policy, Office of the Secretary, 1849 C Street NW.,
Washington, DC 20240; Email: consultation@doi.gov. You can request
copies of the draft policy by sending a letter or email to one of the
above addresses or by calling 202-208-4503. You can also find the draft
policy online at www.doi.gov/tribes/tribal-consultation-policy.cfm
FOR FURTHER INFORMATION CONTACT: Jennifer Sisk, Department of the
Interior, 1849 C Street NW., Washington, DC 20240. Email: Jennifer_Sisk@ios.doi.gov.
SUPPLEMENTARY INFORMATION: Executive Order 13175 directs all Federal
agencies to ensure consultation and coordination with Indian tribal
governments on Federal actions that will affect tribal governments.
Under Public Law 108-199, this consultation policy also applies to
corporations established under the Alaska Native Claims Settlement Act
(ANCSA). Federal agencies are therefore required to consult and
coordinate with ANCSA corporations on the same basis as Indian tribes
in developing policies that would affect these corporations and their
tribal shareholders. To implement these requirements, the Department is
proposing and seeking comments on a draft consultation policy to govern
all activities that will affect ANCSA corporations. Copies of the draft
policy are available at the address given in the ADDRESSES section of
this notice.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
The Department of the Interior proposed policy on consultation with
Alaska Native Claims Settlement Act Corporations is set forth below.
Department of the Interior Policy on Consultation With Alaska Native
Claims Settlement Act (ANCSA) Corporations
I. Preamble
In compliance with Congressional direction, this Policy creates a
framework for consulting with Alaska Native Claims Settlement Act
(ANCSA) Corporations. Pursuant to the Alaska Native Claims Settlement
Act (ANCSA) of 1971, ANCSA Corporations were established to provide for
the economic and social needs, including the health, education and
welfare of their Native shareholders. Congress also required that
``[t]he Director of the Office of Management and Budget [and all
Federal agencies] shall hereafter consult with Alaska Native
corporations on the same basis as Indian tribes under Executive Order
No. 13175.'' \1\
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\1\ Consolidated Appropriations Act, 2004, Public Law 108-199,
Div. H. Sec. 161, 118 Stat. 3, 452 (2004) as amended by
Consolidated Appropriations Act, 2005, Public Law. 108-447, Div. H.,
Title V. Sec. 518, 118 Stat. 2809, 3267 (2004).
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The Department of the Interior (Department) distinguishes the
Federal relationship to ANCSA Corporations from the government-to-
government relationship between the Federal government and each
federally recognized Indian Tribe, and this Policy will not diminish in
any way that relationship and the consultation obligations towards
federally recognized Indian Tribes. Recognizing the distinction, the
Department is committed to fulfilling its ANCSA Corporation
consultation obligations by adhering to the framework described in this
Policy. When taking departmental action that has a substantial direct
affect on ANSCA Corporations, the Department will initiate consultation
with ANSCA Corporations.
II. Guiding Principles
This Policy broadly defines provisions for improving the
Department's consultation processes with ANCSA Corporations to the
extent that a conflict does not exist with applicable law or
regulations. The Department recognizes and respects the distinct,
unique, and individual cultural traditions and values of each Alaska
Native person and the statutory relationship between ANCSA Corporations
and the Federal Government. When concerns expressed by Indian Tribes
and ANCSA Corporations substantively differ, Departmental officials
shall be mindful of Indian Tribes' right to self-governance and Tribal
sovereignty.
Consultation between the Department and ANCSA Corporations will
involve appropriate Departmental officials and appropriate ANCSA
Corporation officials. The appropriate Departmental officials are
knowledgeable about the matters at hand, are authorized to speak for
the Department, and exercise delegated authority in the disposition and
implementation of an agency action. The appropriate Departmental
officials will identify consulting parties early in the planning
process and provide a meaningful opportunity for ANCSA Corporations to
participate in the consultation policy as described in Section VII of
this Policy. Department officials will make the effort to fully
participate in the consultation process, ensure continuity, and
demonstrate commitment to the process.
Consultation is a deliberative process that aims to create
effective collaboration and informed Federal decision-making. The
process creates an opportunity for equal input from all affected ANCSA
Corporations. Federal consultation that is meaningful, effective, and
conducted in good faith makes the Department's operation and governance
practices more efficient. To that end, Bureaus and Offices will seek
and promote cooperation and participation between agencies with
overlapping jurisdiction, special expertise, or related
responsibilities regarding a Departmental Action with ANCSA Corporation
Implications. Efficiencies that derive from including ANCSA
Corporations in the Department's decision-making processes through
consultation will help to ensure that future Federal action is
achievable, comprehensive, long-lasting, and reflective of ANCSA
Corporation input.
III. Definitions
Definitions of terms provided in the Department of the Interior
Policy on Consultation with Indian Tribes apply to this Policy.
Additional terms are defined in this section.
Departmental Action with ANCSA Corporation Implications--Any
Departmental regulation, rulemaking, policy, guidance, legislative
proposal, grant funding formula changes, or operational activity that
may have a substantial direct effect on an ANCSA Corporation, including
but not limited to:
1. ANCSA Corporation land, water areas and resources;
2. The ability of an ANCSA Corporation to participate in
Departmental programs for which it qualifies.
This term, however, does not include matters that are in litigation
or in settlement negotiations, or matters for which a court order
limits the Department's discretion to engage in consultation.
ANCSA Corporation--Any Alaska Native village corporation, urban
corporation, or regional corporation as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act.\2\
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\2\ 43 U.S.C. 1601 et seq.
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ANCSA Corporation Official or Designee--An official designated in
writing by an ANCSA Corporation.
IV. Accountability and Reporting
The provisions in Section IV, entitled Accountability and
Reporting, of the Department of the Interior Policy on Consultation
with Indian Tribes, shall apply to this Policy, with adjustments as
necessary to account for the unique status, structure, and interests of
ANCSA Corporations as appropriate and allowable.
V. Training
The provisions in Section V, entitled Training, of the Department
of the Interior Policy on Consultation with Indian Tribes shall apply
to this Policy, with adjustments as necessary to account for the unique
status, structure, and interests of ANCSA Corporations as appropriate
and allowable.
VI. Innovative and Effective Consultation Practices
The provisions in Section VI, entitled Innovative and Effective
Consultation Practices, of the Department of the Interior Policy on
Consultation with Indian Tribes shall apply to this Policy, with
adjustments as necessary to account for the unique status, structure,
and interests of ANCSA Corporations as appropriate and allowable.
VII. Consultation Guidelines
The provisions in Section VII, entitled Consultation Guidelines, of
the Department of the Interior Policy on Consultation with Indian
Tribes, shall apply to this Policy, with adjustments as necessary to
account for the unique status, structure, and interests of ANCSA
Corporations as appropriate and allowable.
VIII. Supplemental Policies
Bureaus and Offices, in collaboration with the Tribal Governance
Officer (TGO), shall review existing policies that may be impacted by
this Policy. All existing policies shall conform to this Policy and,
where necessary, a Bureau or Office may develop a new policy in order
to conform to this Policy.
Departmental entities that are not Bureaus and Offices may develop
policies consistent with this Policy and in coordination with the TGO.
IX. Disclaimer
Except to the extent already established by law, this Policy is
intended only to improve the internal management of the Department, and
is not intended to create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law by a party against the
Department or any person. The Department also does not waive by virtue
of this Policy any applicable privilege that it may hold.
Dated: February 28, 2012.
David J. Hayes,
Deputy Secretary of the Interior.
[FR Doc. 2012-5282 Filed 3-2-12; 8:45 am]
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