Draft Alaska Native Relations Policy of the U.S. Fish and Wildlife Service, 66255-66256 [2022-23931]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Proposed Rules]
[Pages 66255-66256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23931]



[[Page 66255]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Chapter I

[Docket No. FWS-R7-EA-2022-0088; FF07X00000-FXGO16600700000-223]


Draft Alaska Native Relations Policy of the U.S. Fish and 
Wildlife Service

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Draft proposed policy; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are making 
available for public comment our draft Alaska Native Relations policy. 
The purpose of this policy is to build on the Service's existing Native 
American policy by providing additional clarity for employees on the 
Service's relationships with Tribes in Alaska, Alaska Native 
organizations, and Alaska Native corporations. We invite comments on 
the draft policy from State and Federal government agencies, federally 
recognized Tribal governments, inter-Tribal organizations, non-
federally recognized Tribal governments, Alaska Native corporations, 
and the general public.

DATES: The Service will accept comments received or postmarked on or 
before December 5, 2022.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the draft policy 
online at https://www.regulations.gov. In the Search box, enter the 
docket number, which is FWS-R7-EA-2022-0088.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Internet: https://www.regulations.gov. In the Search box, 
enter the docket number, which is FWS-R7-EA-2022-0088. You may enter a 
comment by clicking on the ``Comment'' button. Please ensure that you 
have found the correct docket before submitting your comment.
     U.S. Mail or Hand Delivery: Public Comments Processing, 
Attn: Docket No. FWS-R7-EA-2022-0088; Policy and Regulations Branch; 
U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: PRB (JAO/3W); 
Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Availability of Comments and Personal Information for 
more information).

FOR FURTHER INFORMATION CONTACT: Crystal Leonetti, Alaska Native 
Affairs Specialist, via email at [email protected]; by U.S. mail 
at U.S. Fish and Wildlife Service, 1011 E Tudor Road, MS-101, 
Anchorage, AK 99503; or by telephone at (907) 230-8419. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), are making available for public comment our draft Alaska 
Native Relations policy. The purpose of the policy is to build on the 
Service's foundational Native American policy, and to serve as a 
framework for relationships and interactions between the Service and 
federally recognized Tribes in Alaska, Alaska Native organizations, and 
Alaska Native corporations, in order to conserve fish and wildlife and 
protect cultural resources. It will provide additional clarity for the 
Service on doctrines of reserved rights, statutes, case law, Executive 
Orders, and Secretarial Orders. The policy is intended to recognize the 
sovereignty of federally recognized Tribes in Alaska, direct that the 
Service work on a government-to-government basis with Tribal 
governments, and make clear that the Service has a unique relationship 
with Alaska Native organizations and Alaska Native corporations. The 
policy includes guidance on co-management, subsistence, resource 
management, capacity, law enforcement, and education.
    This policy is not meant to stand on its own; when final, it will 
be part of the Service's existing Native American policy. We will 
incorporate it into part 510 of the Fish and Wildlife Service Manual as 
chapter 2.
    To implement the Alaska Native Relations policy, in addition to 
drawing upon the overall Native American policy, the Service will use 
the U.S. Fish and Wildlife Service Tribal Consultation Handbook and 
carry out Alaska Native Relations training so that Service employees 
will be able to better perform duties related to this policy.

Draft Policy

    We recognize that, when the Service and Indigenous peoples work 
together on stewarding the land and wildlife, our longstanding 
relationships are strengthened and resources are better stewarded. This 
policy will provide Service employees with guidance on recognition of 
the unique Alaska Native way of life, known in statute as ``subsistence 
living,'' and the Service's role in honoring those ecosystem 
relationships. The policy will provide Service employees with guidance 
when working with recognized Tribes in Alaska and Alaska Native 
organizations and corporations.
    The proposed structure of the policy follows:
     Section 1 recognizes the unique relationship that Federal 
governmental agencies have with federally recognized Tribes. It 
identifies which statutes make specific provisions for Alaska Native 
peoples and ways of life that are integral to how the Service manages 
lands and species entrusted to our care. It explains why the Service 
has a unique relationship with Alaska Native corporations and 
organizations.
     Section 2 re-emphasizes the sovereignty of 229 Tribes in 
Alaska and the Service's government-to-government relationships with 
these Tribes.
     Section 3 describes communication, consultation, and 
information sharing between the Service and Tribes, Alaska Native 
organizations, and Alaska Native corporations.
     Section 4 sets out a range of collaborative management 
opportunities and establishes principles of co-management where Tribes 
and the Service have shared responsibility by statute, land management 
authority, and shared values.
     Section 5 recognizes the importance of Alaska Native 
peoples' traditional and spiritual ways of life, including recognition 
through the Alaska National Interest Lands Conservation Act.
     Section 6 presents guidance for Service law enforcement 
programs to work collaboratively with Tribes and Alaska Native 
organizations and corporations, which may include reviewing their draft 
regulatory language to ensure it is enforceable.
     Section 7 outlines some of the ways the Service supports 
Tribal, Alaska Native organization, and Alaska Native corporation 
capacity building and assistance.
     Section 8 commits the Service to offer training for 
employees that covers diverse topics such as Alaska Native history, 
Indigenous traditional ecological knowledge, and the laws that impact 
Alaska Native peoples. It encourages Service personnel to seek Alaska 
Native job applicants and facilitate opportunities for Alaska Native 
business partnerships.
     Section 9 describes the policy's scope and limitations.

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     Exhibit 1 provides a glossary that supplements the 
glossary found in chapter 1 of the Service's Native American policy.
     Exhibit 2 describes the responsibilities of employees at 
all levels of the Service to carry out this policy.
     Exhibit 3 lists the authorities under which the Service 
may take the actions described in the policy.

Background and Development of the Draft Policy

    On January 20, 2016, the Service adopted its updated Native 
American policy to guide the Service's government-to-government 
relations with federally recognized Tribal governments in conserving 
fish and wildlife resources and to ``help accomplish its mission and 
concurrently to participate in fulfilling the Federal Government's and 
Department of the Interior's trust responsibilities to assist Native 
Americans in protecting, conserving, and utilizing their reserved, 
treaty guaranteed, or statutorily identified trust assets.'' In order 
to update the Native American policy, in 2013 the Service had convened 
a Native American policy team to review the original 1994 policy. The 
team was comprised of Service representatives from its regions and 
programs and 16 self-nominated Tribal representatives from all of the 
major regions. As team discussions evolved, it became apparent that 
there was a large volume of Alaska-related exceptions to Native 
American policy, such as statutes guiding co-management relationships 
and subsistence on Federal lands. The exceptions called for a separate 
chapter on Alaska.
    Representatives from the following Tribes, Alaska Native 
organizations, and Alaska Native corporations participated in a series 
of meetings with Service representatives to write the draft Alaska 
Native Relations policy chapter: Chugach Regional Resources Commission, 
Central Council of Tlingit and Haida Indian Tribes of Alaska, Ninilchik 
Tribal Council, Curyung Tribal Council, Native Village of Savoonga, 
Native Village of Afognak, Village of Wainwright, Ruby Tribal Council, 
Agdaagux Tribe of King Cove, Kwethluk, Inc., Doyon, Ltd., and Sealaska. 
The team used a consensus decision-making process. The team wrote the 
policy to mirror the existing Native American policy, so that each 
section of chapter 2 is parallel in structure to the corresponding 
section in chapter 1 and supplements chapter 1.
    In April 2022, the Service invited federally recognized Tribal 
governments in Alaska, Alaska Native organizations, and Alaska Native 
corporations to consult on a draft of the new policy. Five Tribal 
government representatives, eight Alaska Native organization 
representatives, and seven Alaska Native corporation representatives 
attended consultation events via web broadcasts and telephone. The 
Service also received written comments from three Alaska Native 
organizations and one Alaska Native corporation to further develop and 
refine the draft Alaska Native Relations policy.

Request for Comments and Information

    While this publication opens the 30-day public review and comment 
period, we also invite and encourage Tribes, Alaska Native 
organizations, and Alaska Native corporations to continue to review and 
submit comments within this review period. The Service's invitation to 
federally recognized Tribal governments to consult on a government-to-
government basis regarding development of the Alaska Native Relations 
policy continues until the comment period closes (see DATES). Comments 
from local, State, and Federal government agencies; federally 
recognized Tribal governments; inter-Tribal organizations, non-
federally recognized Tribal governments; Alaska Native corporations; 
and the general public are welcome.

Public Availability of Comments and Personal Information

    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.

Authority

    The authority for this action is found in the Alaska National 
Interest Lands Conservation Act of 1980, as amended (ANILCA; 16 U.S.C. 
3101-3233), and the Alaska Native Claims Settlement Act, as amended 
(ANCSA; 43 U.S.C. 1601-1629h).

Signing Authority

    Martha Williams, Director of the U.S. Fish and Wildlife Service, 
approved this action on October 27, 2022, for publication. On October 
31, 2022, Martha Williams authorized the undersigned to sign the 
document electronically and submit it to the Office of the Federal 
Register for publication as an official document of the U.S. Fish and 
Wildlife Service.

Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk 
Management, and Analytics of the Joint Administrative Operations, U.S. 
Fish and Wildlife Service.
[FR Doc. 2022-23931 Filed 10-31-22; 4:45 pm]
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