[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 
<a href="/cdn-cgi/l/email-protection#4b1f3922292a27082425383e273f2a3f2224250b24252f283b652e243b652c243d"><span class="__cf_email__" data-cfemail="1c486e757e7d705f73726f6970687d687573725c7372787f6c3279736c327b736a">[email protected]</span></a> 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; 
<a href="/cdn-cgi/l/email-protection#327f7f5340465b5c5748725d5c5651421c575d421c555d44"><span class="__cf_email__" data-cfemail="480505293a3c21262d320827262c2b38662d2738662f273e">[email protected]</span></a>; (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:
    <bullet> 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;
    <bullet> Recognizes the special legal status of tribal governments;
    <bullet> Respects tribal sovereignty and supports tribal self-
determination and self-governance;
    <bullet> Honors the United States trust obligations;
    <bullet> Commits to improving communications while maximizing input 
from American Indian and Alaska Native Tribes, tribal organizations, 
and urban Indian organizations;
    <bullet> Will consult on a government-to-government basis with 
appropriate representatives of American Indian and Alaska Native 
Tribes, tribal organizations, and urban Indian organizations;
    <bullet> Identifies ONDCP officials who are knowledgeable about 
policies relevant to tribal populations and are authorized to speak for 
ONDCP; and
    <bullet> 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

[[Page 18585]]

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]
BILLING CODE 3180-02-P


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