Draft Policy on Consultation with Alaska Native Claims Settlement Act Corporations, 13137-13138 [2012-5282]
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
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and will be accepted until April 4, 2012.
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with 5 CFR 1320.10.
Written comments and/or suggestions
regarding the item(s) contained in this
notice, especially regarding the
estimated public burden and associated
response time, should be directed to the
Department of Homeland Security
(DHS), and to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), USCIS
Desk Officer. Comments may be
submitted to: Sunday Aigbe, Chief,
Regulatory Products Division, Office of
the Executive Secretariat, USCIS, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2020.
Comments may also be submitted to
DHS via facsimile to 202–272–8352 or
via email at
USCISFRComment@dhs.gov, and OMB
USCIS Desk Officer via facsimile at 202–
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oira_submission@omb.eop.gov. When
submitting comments by email please
make sure to add OMB Control Number
1615–0014 in the subject box.
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from the public and affected agencies
should address one or more of the
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(1) Evaluate whether the proposed
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whether the information will have
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(2) Evaluate the accuracy of the
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(4) Minimize the burden of the
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e.g., permitting electronic submission of
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Collection
(1) Type of Information Collection:
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collection.
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(3) Agency form number, if any, and
the applicable component of the
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sponsoring the collection: Form I–134;
U.S. Citizenship and Immigration
Services (USCIS).
VerDate Mar<15>2010
15:06 Mar 02, 2012
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(4) Affected public who will be asked
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(5) An estimate of the total number of
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collection instrument, please visit the
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If additional information is required
contact: USCIS, Regulatory Products
Division, Office of the Executive
Secretariat, 20 Massachusetts Avenue
NW., Washington, DC 20529–2020,
telephone (202) 272–8377.
Dated: February 29, 2012.
Sunday Aigbe,
Chief, Regulatory Products Division, Office
of the Executive Secretariat, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2012–5284 Filed 3–2–12; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Draft Policy on Consultation with
Alaska Native Claims Settlement Act
Corporations
Office of the Secretary, Interior
Notice of availability and
request for comments.
AGENCY:
ACTION:
The Department of the
Interior is requesting comments on its
draft policy on consultation with Alaska
Native Claims Settlement Act
corporations.
SUMMARY:
DATES:
Submit comments by April 27,
2012.
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/tribalconsultation-policy.cfm
FOR FURTHER INFORMATION CONTACT:
Jennifer Sisk, Department of the Interior,
ADDRESSES:
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
13137
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
1 Consolidated Appropriations Act, 2004, Public
Law 108–199, Div. H. § 161, 118 Stat. 3, 452 (2004)
as amended by Consolidated Appropriations Act,
E:\FR\FM\05MRN1.SGM
Continued
05MRN1
13138
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
erowe on DSK2VPTVN1PROD with NOTICES
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
2005, Public Law. 108–447, Div. H., Title V. § 518,
118 Stat. 2809, 3267 (2004).
VerDate Mar<15>2010
15:06 Mar 02, 2012
Jkt 226001
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
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]
2 43
PO 00000
U.S.C. 1601 et seq.
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Fmt 4703
BILLING CODE 4310–10–P
Sfmt 9990
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05MRN1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
[[Page 13138]]
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\
---------------------------------------------------------------------------
\2\ 43 U.S.C. 1601 et seq.
---------------------------------------------------------------------------
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]
BILLING CODE 4310-10-P
