Notice2021-25629
Review and Comment of National Oceanic and Atmospheric Administration Tribal Consultation Policy and Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2021
Issuing agencies
Commerce Department
Abstract
On January 26, 2021, the White House issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships that reaffirmed Executive Order 13175 on Consultation and Coordination with Indian Tribal Governments (2000) and the associated Presidential Memorandum on Tribal Consultation released in November 2009. In response, NOAA is requesting review of its policy and procedures to implement these directives. NOAA is seeking comment from federally recognized Indian Tribes and other interested parties on its policies and guidance documents for government-to-government consultation with federally recognized Indian Tribes.
Full Text
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<title>Federal Register, Volume 86 Issue 224 (Wednesday, November 24, 2021)</title>
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[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25629]
[[Page 67036]]
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DEPARTMENT OF COMMERCE
[RTID 0648-XB398]
Review and Comment of National Oceanic and Atmospheric
Administration Tribal Consultation Policy and Procedures
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for information.
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SUMMARY: On January 26, 2021, the White House issued a Presidential
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation
Relationships that reaffirmed Executive Order 13175 on Consultation and
Coordination with Indian Tribal Governments (2000) and the associated
Presidential Memorandum on Tribal Consultation released in November
2009. In response, NOAA is requesting review of its policy and
procedures to implement these directives. NOAA is seeking comment from
federally recognized Indian Tribes and other interested parties on its
policies and guidance documents for government-to-government
consultation with federally recognized Indian Tribes.
DATES: Federally recognized Indian Tribes and interested persons are
invited to submit comments by January 24, 2022.
ADDRESSES: Responses should be submitted via email to
<a href="/cdn-cgi/l/email-protection#b8d0ddd9ccd0ddca96cbd9dfd9caf8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="650d0004110d00174b1604020417250b0a04044b020a13">[email protected]</span></a>. Include ``NOAA Tribal Consultation Policy'' in
the subject line of the message.
Instructions: Response to this request for information (RFI) is
voluntary. Email attachments will be accepted in plain text, Microsoft
Word, or Adobe PDF formats only. Each individual or institution is
requested to submit only one response. NOAA may post responses to this
RFI, without change, on a Federal website. It is, therefore, requested
that no business proprietary information, copyrighted information, or
personally identifiable information be submitted in response to this
RFI. Please note that the U.S. Government will not pay for response
preparation, or for the use of any information contained in the
response.
FOR FURTHER INFORMATION CONTACT: Heather Sagar, <a href="/cdn-cgi/l/email-protection#92faf7f3e6faf7e0bce1f3f5f3e0d2fcfdf3f3bcf5fde4"><span class="__cf_email__" data-cfemail="e58d8084918d8097cb9684828497a58b8a8484cb828a93">[email protected]</span></a>,
(301) 427-8019.
SUPPLEMENTARY INFORMATION: On January 26, 2021, the White House issued
a Presidential Memorandum on Tribal Consultation and Strengthening
Nation-to-Nation Relationships. The Memorandum requires the Secretary
of Commerce to submit to the Director of the Office of Management and
Budget (OMB), a detailed plan of actions the agency will take to
implement the policies and directives of Executive Order (E.O.) 13175
(2000) and the Presidential Memorandum on Tribal Consultation issued in
November 2009. This request for information will inform NOAA's
contributions to the Department of Commerce (DOC) plan.
NOAA's mission is to understand and predict changes in climate,
weather, oceans, and coasts, to share that knowledge and information
with others, and to conserve and manage coastal and marine ecosystems
and resources. NOAA has established policies and guidance to provide
for meaningful and timely input from federally recognized Indian Tribes
into NOAA's decision-making process on policy matters that have tribal
implications. In addition, NOAA offers its employees training and other
guidance to support a consistent, effective, and proactive approach to
conducting government-to-government consultations with federally
recognized Indian Tribes under E.O. 13175, the DOC Department
Administrative Order 218-8 Consultation and Coordination with Indian
Tribal Governments (2014), and the DOC Tribal Consultation and
Coordination Policy (78 FR 33331; June 4, 2013).
While much of NOAA's existing policy and guidance has been
developed in consultation with federally recognized Indian Tribes, NOAA
recognizes that these documents could benefit from a review and update.
As part of its effort to implement the January 26, 2021 Presidential
Memorandum, NOAA is requesting comments from Tribal Nations, Tribal
officials, members of the public, and other interested parties to help
identify appropriate updates or revisions to the following existing
NOAA policies and guidance documents, which facilitate NOAA's
implementation of E.O. 13175: (1) Tribal Consultation Handbook titled
NOAA Procedures for Government-to-Government Consultation With
Federally Recognized Indian Tribes and Alaska Native Corporations
(2013); (2) NOAA Administrative Order 218-8 titled Policy on
Government-to-Government Consultation with Federally Recognized Indian
Tribes and Alaska Native Corporations (Reaffirmed in 2018); and (3) a
traditional ecological knowledge (TEK) guidance currently titled NOAA
Fisheries and National Ocean Service Guidance and Best Practices for
Engaging and Incorporating Traditional Ecological Knowledge in
Decision-Making (2019). NOAA proposes revisions to its Tribal
Consultation Handbook to reflect lessons learned and improved practices
to better facilitate meaningful and effective tribal consultations.
NOAA also proposes minor revisions to Administrative Order 218-8 to
reflect necessary updates since its issuance in 2014. We are also
seeking comments on the existing TEK Guidance, which has not been
previously made available for public comment. Though the TEK Guidance
is only currently implemented by NOAA Fisheries and the National Ocean
Service, NOAA is now extending the applicability of the TEK Guidance to
all NOAA Offices. NOAA is interested in whether updates or revisions
are appropriate for this TEK Guidance, including terminology. Updates
or revisions to NOAA's Tribal Consultation Handbook, Administrative
Order, and TEK Guidance will be informed by the input we receive from
federally recognized Indian Tribes, the public, and other interested
parties.
In addition, NOAA plans to hold two consultation webinars with
federally recognized Indian Tribes on these policies and guidance
documents on January 10 and January 11, 2022.
All three documents and additional information about the webinars
can be found at this NOAA website: <a href="https://www.noaa.gov/legislative-and-intergovernmental-affairs/noaa-tribal-resources-updates">https://www.noaa.gov/legislative-and-intergovernmental-affairs/noaa-tribal-resources-updates</a>.
Dated: November 17, 2021.
Richard W. Spinrad,
Under Secretary of Commerce for Oceans and Atmosphere and NOAA
Administrator.
[FR Doc. 2021-25629 Filed 11-23-21; 8:45 am]
BILLING CODE 3510-22-P
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