[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18583-18585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7833]
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EXECUTIVE OFFICE OF THE PRESIDENT
Office of National Drug Control Policy
Draft Tribal Consultation Policy
AGENCY: Executive Office of the President, Office of National Drug
Control Policy.
ACTION: Notice of 60-day public comment period.
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SUMMARY: Pursuant to Executive Order 13175, the Director, National Drug
Control Policy, is establishing a policy governing how the Office of
National Drug Control Policy, Executive Office of the President [ONDCP]
will consult with American Indian and Alaska Native Tribes, tribal
organizations and urban Indian organizations regarding Federal policies
that directly affect Indian Country and urban Indian communities.
Table of Contents
1. Dates
2. Addresses
3. For further information contact
4. Supplementary Information
5. ONDCP Draft Consultation Policy
Background
Guiding Principles
Tribal Consultation Process
ONDCP Annual National Tribal Consultation Meetings
ONDCP Tribal Consultation Team
ONDCP Tribal Communication Plan
ONDCP Continuous Review and Evaluation
ONDCP Intergovernmental Collaboration
ONDCP Point of Contact
Tribal Review of Draft Consultation Policy
No Creation of Right or Benefit
Federal Register Notice
Review of Comments
Final Tribal Consultation Policy Publication
1. Dates
Comments must be received by ONDCP on or before 5 p.m. Friday June
3, 2011.
2. Addresses
Written comments may be submitted through electronic mail at
[email protected] or via facsimile at (202) 395-5543 to
Executive Office of the President, Office of National Drug Control
Policy, Office of Intergovernmental & Public Liaison, c/o Office of
Legal Counsel, Washington DC 20503.
3. For Further Information Contact
Mr. Tony Martinez, Associate Director, Office of Intergovernmental
& Public Liaison, Office of National Drug Control Policy, Executive
Office of the President, 750 17th Street, NW., Washington, DC 20503;
[email protected]; (202) 395-5758 (This is not a toll-free
number); toll-free 1-888-395-6327.
4. Supplementary Information
The Office of National Drug Control Policy (ONDCP), Executive
Office of the President, is responsible for setting and monitoring
Federal government policies to reduce the demand for illegal drugs;
prevent the initiation of substance use by young people; combat drug
production and trafficking; and, reduce drug-related crime, violence,
and disease. In addition to its leadership role in developing and
coordinating drug control policies, ONDCP is also a central organizing
body, managing the anti-drug efforts and certifying the drug control
budgets of other Federal government agencies.
As directed by President Obama in his Memorandum of November 5,
2009, this draft policy governs how the Office of National Drug Control
Policy will comply with the letter and spirit of Executive Order 13175
of November 6, 2000, Consultation and Coordination with Indian Tribal
Governments.
5. Draft Tribal Consultation Policy
Background
The Office of National Drug Control Policy (ONDCP), Executive
Office of the President, is responsible for setting and monitoring
Federal government policies to reduce the demand for illegal drugs;
prevent the initiation of substance use
[[Page 18584]]
by young people; combat drug production and trafficking; and, reduce
drug-related crime, violence, and disease. In addition to its
leadership role in developing and coordinating drug control policies,
ONDCP is also a central organizing body, managing the anti-drug efforts
and certifying the drug control budgets of other Federal government
agencies.
As directed by President Obama in his Memorandum of November 5,
2009, this draft policy governs how the Office of National Drug Control
Policy will comply with the letter and spirit of Executive Order 13175
of November 6, 2000, Consultation and Coordination with Indian Tribal
Governments. By implementing this policy, ONDCP will engage in
meaningful and mutually beneficial consultation with American Indian
and Alaska Native Tribes, tribal organizations, and urban Indian
organizations. ONDCP's tribal consultation activities will support
Indian self-determination and self-governance by giving tribes strong
voices in shaping the Federal policies that directly affect their
ability to govern themselves and to provide for the health, safety, and
welfare of their citizens.
Guiding Principles
ONDCP acknowledges and accepts the following definition of
consultation:
Consultation is an enhanced form of communication which emphasizes
trust, respect, and shared responsibility. It is an open and free
exchange of information and opinion among parties which leads to mutual
understanding and comprehension. Consultation is integral to a
deliberative process, which results in an effective collaboration and
informed decision making.
ONDCP's Tribal Consultation Policy will provide for regular,
meaningful, and mutually-beneficial consultation and collaboration to
enhance ONDCP's relationships with American Indian and Alaska Native
Tribes, tribal organizations and urban Indian organizations. The Policy
will address the concerns and responsibilities of Federal and American
Indian and Alaska Native Tribes, tribal organizations, and urban Indian
organizations. Through creation and implementation of this policy
ONDCP:
Commits to seeking to understand the cultural values of
American Indian and Alaska Native Tribes, tribal organizations, and
urban Indian organizations to facilitate the development of Federal
drug control policies which will be effective in Indian country and
beneficial to Native peoples;
Recognizes the special legal status of tribal governments;
Respects tribal sovereignty and supports tribal self-
determination and self-governance;
Honors the United States trust obligations;
Commits to improving communications while maximizing input
from American Indian and Alaska Native Tribes, tribal organizations,
and urban Indian organizations;
Will consult on a government-to-government basis with
appropriate representatives of American Indian and Alaska Native
Tribes, tribal organizations, and urban Indian organizations;
Identifies ONDCP officials who are knowledgeable about
policies relevant to tribal populations and are authorized to speak for
ONDCP; and
Ensures ONDCP's component heads and program staff engage
in consultation in a manner consistent with this ONDCP-wide policy.
ONDCP Tribal Consultation Process
1. Consultation will be initiated when either ONDCP's Director,
Tribal Liaison or an American Indian or Alaska Native Tribe, tribal
organization or urban Indian organization requests in writing
consultation to discuss policy development issues or implementation or
changes that will have a direct effect upon Indian country or Native
peoples.
2. Requests for consultation will identify:
a. The subject matter requiring consultation
b. The relevant policies, programs, statutes, or proposed
legislation
c. The American Indian and Alaska Native Tribes, tribal
organizations and/or urban Indian organizations which will be directly
affected
3. Methods of Consultation.
ONDCP Tribal Consultation may occur through a combination of one or
more of the following methods of consultation:
a. Correspondence: Written communications exchanged between ONDCP
and directly affected American Indian and Alaska Native Tribes, tribal
organizations, and/or urban Indian organizations. Correspondence should
provide an explanation of the issue(s) and afford an opportunity for
tribal comment.
b. Meetings: Meetings with directly affected American Indian and
Alaska Native Tribes, tribal organizations, and/or urban Indian
organizations to discuss all relevant issues can take the form of a
single purpose meeting or a national or regional forum, if appropriate.
Meetings can be face-to-face or using electronic technology, when
available and appropriate.
c. Federal Register: ONDCP publication in the Federal Register may
be used to solicit comments from tribes, with explicit instructions for
submitting comments and adequate time for responses from directly
affected American Indian and Alaska Native Tribes, tribal
organizations, and/or urban Indian organizations.
4. Reporting of Consultation Outcome: ONDCP program offices will
provide a report on their consultation sessions, summarizing the
discussion, recommendations, responses, and soliciting feedback from
directly affected American Indian and Alaska Native Tribes, tribal
organizations, and/or urban Indian organizations regarding the
consultation following the conclusion of the tribal consultation
process. The ONDCP report will be available on the ONDCP Web site at
http://www.whitehousedrugpolicy.gov/tribal/consultation. Once ONDCP's
Tribal Consultation Process is complete and a proposed drug control
policy is approved and issued by ONDCP, ONDCP will distribute the final
policy to directly affected American Indian and Alaska Native Tribes,
tribal organizations, and/or urban Indian organizations. The final drug
control policy will also be posted on the ONDCP Web site at http://www.whitehousedrugpolicy.gov/tribal and linked to the Web sites of
appropriate national tribal and native organizations.
ONDCP Annual National Tribal Consultation Meetings
Subject to appropriations, ONDCP will endeavor to attend three
annual meetings of national tribal organizations, including the annual
National Congress of American Indians Conference.
ONDCP Tribal Consultation Team
ONDCP will create a tribal consultation team; which will include
representatives of ONDCP's Office of the Director; Office of
Intergovernmental & Public Liaison; Office of Legal Counsel; Office of
State, Local and Tribal Affairs; Office of Demand Reduction; Office of
Supply Reduction; Office of Planning and Budget; Office of Research and
Data Analysis; Office of Legislative Affairs; and Office of Public
Affairs. ONDCP's Associate Director for Intergovernmental and Public
Liaison or his/her designee will lead ONDCP's Tribal Consultation
Process and ONDCP's Tribal Consultation Team to review and identify
opportunities to strengthen and improve ONDCP outreach to tribal
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governments as well as tribal communication and consultation.
ONDCP Tribal Communication Plan
In furtherance of the President's goals for tribal consultation and
policy of Federal transparency, ONDCP will develop a communications
plan, including new media, for regularly communicating with and
requesting input from American Indian and Alaska Native Tribes, tribal
organizations, and urban Indian organizations about Federal drug
control policies which directly affect them prior to ONDCP action.
ONDCP Continuous Review and Evaluation
ONDCP will regularly review its policies, actions, procedures, and
practices to identify Federal drug control policies which directly
affect American Indian and Alaska Native Tribes, tribal organizations,
and urban Indian organizations. These reviews will identify
opportunities to strengthen and improve ONDCP's tribal consultation
policy. ONDCP will also monitor its practices to ensure effective and
consistent implementation of its tribal consultation policy.
ONDCP Intergovernmental Collaboration
ONDCP will participate in timely recurring meetings with other
Federal drug control agencies subject to Executive Order 13175,
regarding policies which directly affect American Indian and Alaska
Native Tribes, tribal organizations, and urban Indian organizations in
order to streamline the consultation process and create consistent and
effective mutually beneficial communications with American Indian and
Alaska Native Tribes, tribal organizations and urban Indian
organizations. These interagency meetings will identify Federal drug
control issues arising within the agencies which directly affect
American Indian and Alaska Native Tribes, tribal organizations and
urban Indian organizations and which need to be communicated to the
tribes or rise to the level of consultation.
ONDCP Point of Contact
ONDCP designates its Associate Director for Intergovernmental &
Public Liaison as the responsible official for submitting progress
reports and ensuring ONDCP's compliance with this tribal consultation
policy and related action plans.
Tribal Review of Draft Consultation Policy
ONDCP will circulate the draft tribal consultation policy to
American Indian and Alaska Native Tribes, tribal organizations, and
urban Indian organizations for review and comment. ONDCP's tribal
consultation team will consider the comments received and revise the
draft tribal consultation policy, if necessary, in response to
comments.
No Creation of Right or Benefit
This policy is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable by law or in equity by
any party against ONDCP or the United States, its departments,
agencies, or entities, its officers, employees, or agents or any other
person. ONDCP shall carry out the provisions of this policy to the
extent permitted by law and consistent with its statutory authorities
and enforcement mechanisms.
Federal Register Notice
ONDCP will publish this draft tribal consultation policy in the
Federal Register and provide a 60-day comment period.
Review of Comments
ONDCP's tribal consultation team will review and consider the
comments received regarding the draft tribal consultation policy and
revise the draft policy, if necessary, in response to comments
received.
Final Tribal Consultation Policy Publication
ONDCP will issue its final tribal consultation policy within 90
days of the close of the comment period.
Dated: March 29, 2011.
Linda V. Priebe,
Deputy General Counsel, Office of National Drug Control Policy.
[FR Doc. 2011-7833 Filed 4-1-11; 8:45 am]
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