[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
[email protected]. 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, [email protected], 
(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: https://www.noaa.gov/legislative-and-intergovernmental-affairs/noaa-tribal-resources-updates.

    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]
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