39464 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Notices 

merit-based matching grant program 

funding projects that collect 

comprehensive and accurate State-level 

broadband mapping data, develop Statelevel broadband maps, aid in the 

development and maintenance of a 

national broadband map, and fund 

statewide initiatives directed at 

broadband planning and capacity 

building. 

NTIA requires quarterly performance 

progress reports (PPRs) in order to gauge 

the progress of grantees in meeting their 

project goals. 

NTIA has identified a need to modify 

its existing PPR format by making minor 

changes to existing questions and 

adding new questions to improve 

clarity, reduce the frequency with 

which some information is reported, 

and delete certain items that are not 

necessary for effective performance 

monitoring. This modification will 

improve the quality of recipients’ 

responses and enable NTIA to better 

monitor and assess the extent to which 

the recipients are meeting program goals 

and milestones. 

Affected Public: State government; 

not-for-profit institutions. 

Frequency: Quarterly. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

OMB Desk Officer: Nicholas Fraser, 

(202) 395–5887. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Jennifer Jessup, 

Departmental Paperwork Clearance 

Officer, (202) 482–0336, Department of 

Commerce, Room 6616, 14th and 

Constitution Avenue NW., Washington, 

DC 20230 (or via the Internet at 

JJessup@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to Nicholas Fraser, OMB Desk 

Officer, Fax number (202) 395–7285, or 

via the Internet at 

Nicholas_A._Fraser@omb.eop.gov). 

Dated: June 27, 2012. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2012–16226 Filed 7–2–12; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF COMMERCE 

[Docket Number 120530127–2127–01] 

American Indian and Alaska Native 

Consultation and Coordination Policy 

AGENCY: Department of Commerce. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of Commerce 

(Department) requests public comments 

on a draft ‘‘Consultation and 

Coordination Policy of the U.S. 

Department of Commerce.’’ This 

proposed policy establishes the manner 

in which the Department works with 

federally-recognized Indian tribes when 

developing Department policies that 

have tribal implications. The policy 

reaffirms the unique government-togovernment relationship that exists 

between Indian tribes and the 

Department of Commerce to support 

Tribes in the development of strong and 

stable economies able to participate in 

today’s national and global marketplace. 

DATES: Written Comments must be 

submitted on or before October 1, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by DOC– 

2012–002, by and of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal, at http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter DOC–2012–0002 in the 

keyword search. Locate the document 

you wish to comment on from the 

resulting list and click on the ‘‘Submit 

a Comment’’ icon on the right of that 

line. 

• Fax: 206–482–4420; Attn: Dee 

Alexander. 

• Regular Mail, express delivery, 

hand (courier) delivery or messenger 

service: Submit comments to Dee 

Alexander, Senior Advisor on Native 

American Affairs Office of Legislative 

and Intergovernmental Affairs, U.S. 

Department of Commerce, Room 5422, 

1401Constitution Ave., NW., 

Washington, DC 20230. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. The Department 

will accept anonymous comments (if 

submitting comments via the Federal eRulemaking portal, enter ‘‘N/A’’ in the 

relevant required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. 

Background 

Executive Order (E.O.) Number 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ (November 

6, 2000) requires Federal agencies to 

have an accountable process to ensure 

meaningful and timely input by tribal 

officials in developing policies that have 

tribal implications. 

President Barack Obama reaffirmed 

the government-to-government 

relationship between the Federal 

Government and Indian tribal 

governments in a White House 

Memorandum, ‘‘Tribal Consultation,’’ 

2009 Daily Comp. Press Docs.87 

(November 5, 2009). Among other 

things, this memorandum acknowledges 

that Indian tribes exercise inherent 

sovereign powers over their members 

and territory. The memorandum also 

acknowledges that the United States 

continues to work with Indian tribes on 

a government-to-government basis to 

address issues concerning Indian tribal 

self-government, tribal trust resources, 

and Indian tribal treaty and other rights. 

This proposed policy is part of the 

Department’s response to President 

Obama’s memorandum. The Policy 

builds upon and expands the principles 

expressed in the Department’s previous 

policy, ‘‘American Indian and Alaska 

Native Policy of the Department of 

Commerce,’’ promulgated on March 30, 

1995. The Policy incorporates the 

requirements of E.O. No. 13175, and the 

Office of Management and Budget 

Memorandum, ‘‘Guidance for 

Implementing E.O. 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments.’’ 

The Department will work with tribes 

on developing the final policy by 

sending this draft policy directly to the 

tribes and by conducting several 

webinars with Tribes on the policy and 

how to improve it. We will announce 

these webinars in future notices posted 

in the Federal Register. 

The statements in the draft document 

are intended solely to provide internal 

Department guidance. This document is 

designed to implement E.O. 13175; the 

draft document does not, however, 

substitute for requirements in federal 

statutes or regulations, nor is it a 

requirement itself. This document is not 

intended, nor can it be relied upon, to 

create any right or trust responsibility 

enforceable in any cause of action by 

any party against the United States, its 

agencies, officers or any other person. It 

does not impose legally binding 

requirements on the Department or 

anyone else, and may not apply to a 

particular situation based upon the 

circumstances. The Department may 


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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Notices 39465 

change this Guidance in the future, as 

needed or appropriate. 

Request for Comments 

Comments are invited on: Sections 

1–7. These sections provide guidance to 

the Department and all its operating 

units and its employees on when and 

how to coordinate consultation with 

federally recognized Indian tribes on a 

government-to-government basis, in 

recognizing their sovereignty, when 

developing policies that have tribal 

implications. 

Proposed Tribal Consultation and 

Coordination Policy for the U.S. 

Department of Commerce. 

Section 1. Introduction 

01. This ‘‘Tribal Consultation and 

Coordination Policy of the U.S. 

Department of Commerce’’ (‘‘Tribal 

Consultation Policy’’ or ‘‘Policy’’) 

establishes the manner in which the 

Department of Commerce 

(‘‘Department’’) works with Indian 

tribes on a government-to-government 

basis to build a durable relationship and 

address issues concerning tribal selfgovernment, tribal trust resources, and 

tribal treaty and other rights, as well as 

support tribes in developing strong and 

stable economies able to participate in 

the national and global marketplace. 

02. The Department recognizes the 

Federal Government’s trust 

responsibility, as established in the 

Constitution, statutes, treaties and 

federal court decisions, which together 

define the unique legal relationship 

between Tribal governments and the 

Federal Government. 

03. The Department and operating 

units will seek and promote cooperation 

within the Department and with other 

agencies that have related 

responsibilities. The Department’s 

mission encompasses many complex 

issues where cooperation and mutual 

consideration among governments 

(federal, state, tribal, and local) are 

essential. The Department and operating 

units will promote intradepartmental 

and interagency coordination and 

cooperation to assist Tribal governments 

in resolving issues requiring mutual 

effort. 

04. Executive Order (E.O.) No. 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ requires 

federal agencies to have an accountable 

process to ensure meaningful and timely 

input by tribal officials in developing 

policies that have tribal implications. 

This Policy provides uniform standards 

and methodology outlining consultation 

procedures for all Department personnel 

working with Tribal governments 

regarding policies that have tribal 

implications. 

Section 2. Background 

01. This Policy builds upon and 

expands the principles expressed in the 

‘‘American Indian and Alaska Native 

Policy of the Department of Commerce,’’ 

promulgated by the Department on 

March 30, 1995. The Tribal Consultation 

Policy incorporates the requirements of 

E.O. No. 13175; Presidential 

Memorandum, ‘‘Tribal Consultation,’’ 

2009 Daily Comp. Pres. Docs. 887 

(November 5, 2009); and the Office of 

Management and Budget Memorandum, 

‘‘Guidance for Implementing E.O. 

13175, ‘Consultation and Coordination 

with Indian Tribal Governments’.’’ 

02. This Policy is for internal 

management only and shall not be 

construed to grant or vest any right to 

any party not otherwise granted or 

vested by existing law or regulations. 

Section 3. Authority 

This Tribal Consultation Policy is 

issued pursuant to the authority of 5 

U.S.C. 301 and Department 

Administrative Order (DAO) 218–8, 

‘‘Consultation and Coordination with 

Indian Tribal Governments.’’ This 

Policy shall have the same force and 

effect as a DAO. Amendments 

(substantive changes) or revisions 

(corrections or updates) to this Policy 

may be developed and issued by the 

Department of Commerce Tribal 

Consultation Official or the Secretary’s 

designee in consultation with Tribal 

governments. 

Section 4. Definitions 

01. ‘‘Consultation,’’ as defined in 

Section 5 of E.O. No. 13175, refers to an 

accountable process ensuring 

meaningful and timely input from tribal 

officials on Department policies that 

have tribal implications. 

02. ‘‘Indian tribe (or Tribe),’’ as 

defined in Section 1(b) of E.O. No. 

13175, means an Indian or Alaska 

Native tribe, band, nation, pueblo, 

village, or community that the Secretary 

of the Interior acknowledges to exist as 

an Indian tribe pursuant to the Federally 

Recognized Indian Tribe List Act of 

1994, 25 U.S.C. 479a. 

03. ‘‘Operating units,’’ as defined in 

Section 3.c.1 of Department 

Organization Order 1–1, are 

organizational entities outside the Office 

of the Secretary charged with carrying 

out specified substantive functions (i.e., 

programs) of the Department. The 

operating units are the components of 

the Department through which most of 

its substantive functions are carried out. 

04. ‘‘Policies that have tribal 

implications,’’ as defined in Section 1(a) 

of E.O. No. 13175, refers to regulations, 

legislative comments or proposed 

legislation, and other policy statements 

or actions that have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

05. ‘‘Tribal Consultation Official,’’ as 

defined in Section 5(a) of E.O. No. 

13175, means the designee of the 

Secretary with principal responsibility 

for the implementation of this Policy. 

06. ‘‘Tribal officials,’’ as defined in 

Section 1(d) of E.O. No. 13175, means 

elected or duly appointed officials of 

Indian tribal governments or authorized 

intertribal organizations. 

Section 5. Roles and Responsibilities 

for Consultations 

01. Department of Commerce Tribal 

Consultation Official 

a. The Tribal Consultation Official is 

an individual in the Office of Legislative 

and Intergovernmental Affairs (OLIA) 

within the Office of the Secretary who 

is duly appointed to act as a liaison 

between the Secretary of Commerce and 

Tribal officials. The Tribal Consultation 

Official may delegate authority, as 

necessary, to the head of each operating 

unit. The Tribal Consultation Official 

has primary responsibility for ensuring 

compliance with DAO 218–8, this 

Policy, and E.O. No. 13175, and is 

responsible for tribal consultations and 

coordination for the Office of the 

Secretary programs. 

b. The Tribal Consultation Official has 

responsibility for coordinating the 

implementation of this Policy and DAO 

218–8 within the Department and all 

operating units. 

c. The Tribal Consultation Official 

will engage tribal officials in periodic 

dialogue to discuss the Department’s 

implementation of this Policy. The 

dialogue will provide an opportunity for 

tribal officials to assess policy 

implementation, program delivery, and 

discuss outreach and communication 

efforts, and other issues. 

02. Head of Operating Unit 

Responsibilities 

a. The head of each operating unit 

will designate an official in the 

headquarters office who has primary 

responsibility for ensuring compliance 

with this Policy within the operating 

unit. Each operating unit’s designated 

official will work with the Department 

Tribal Consultation Official to ensure 

coordination of tribal consultations, as 

necessary. The designated official is 


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39466 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Notices 

responsible for the development, 

maintenance and internal distribution of 

any guidance produced by the operating 

unit in compliance with the 

requirements of this Policy. 

b. The head of each operating unit or 

the designated official may delegate 

authority to appropriate individuals 

within the operating unit. 

Section 6. Training and Guidance 

01. The Tribal Consultation Official 

and the head of each operating unit will 

ensure that personnel assisting with 

tribal consultations have appropriate 

training. 

02. Each operating unit may develop 

and issue tribal consultation guidance to 

assist staff in preparing, reviewing and 

managing the consultation process 

within their respective operating units, 

so long as: 

a. The guidance is consistent with 

DAO 218–8, and 

b. The Department’s Tribal 

Consultation Official reviews the 

guidance. 

Section 7. Consultation 

01. The Consultation Process. 

Consultation may take a variety of 

forms. Implementing this Policy may 

require a range of formal and informal 

planning activities. The Department and 

operating units’ consultation processes 

may include one or more of the 

following: formal meetings, informal 

meetings, letters, conference calls, 

webinars, on-site visits, or participation 

in regional and national events. The 

Tribal Consultation Official or the head 

of each operating unit, as applicable, 

will make a reasonable effort to 

accommodate a tribal request for 

consultation. 

02. Elements of the Consultation 

Process. 

a. Ongoing communication shall be a 

regular part of the government-togovernment relationship with tribal 

governments. The Department and 

operating units will engage in 

meaningful dialogue with Tribes 

regarding all policies that have tribal 

implications. 

b. Exchange of Information. The 

Department and operating units will 

make a reasonable effort to identify and 

provide timely and accurate information 

for consultation. 

c. Notification. The Department and 

operating units will notify Tribes of 

policies that have tribal implications. 

Follow-up may be necessary to ensure 

the appropriate tribal official has 

received the consultation notification 

and accompanying documents. These 

notifications do not replace or 

supersede any notifications that are 

required by statute or E.O. regarding 

tribal consultations. 

d. Consultation Planning. The 

Department and operating units will 

coordinate with tribal officials to plan 

logistical considerations for the 

consultation. The Department and 

operating units will, when practical, 

allow Tribes a reasonable amount of 

time to prepare for consultation and 

submit their views on policies that have 

tribal implications. 

e. Written Communication and 

Record-Keeping. When a consultation 

occurs between the Department or its 

operating units and Tribal officials, the 

Department or operating unit will 

provide the Tribal officials with a 

formal, written communication that 

summarizes the consultation, and 

responds to the issues and concerns, if 

any, identified during consultation. The 

Tribal Consultation Official or head of 

each operating unit conducting a 

consultation will maintain 

documentation addressing the 

consultation, tribal concerns, and 

recommendations in conformance with 

applicable records retention schedules. 

Section 8. Implementation 

01. The Tribal Consultation Official, 

located in OLIA within the Office of the 

Secretary, is responsible for ensuring 

implementation of this Policy. This 

responsibility may be delegated as 

appropriate. This Policy does not alter 

or affect any existing duty or authority 

of any individual operating unit. 

02. This Policy is not intended to, and 

does not, grant, expand, create or 

diminish any legally enforceable rights, 

benefits, or trust responsibilities, 

substantive or procedural, not otherwise 

granted or created under existing law. 

Nor shall this Policy be construed to 

alter, amend, repeal, interpret, or 

modify tribal sovereignty, any treaty 

rights of any Indian tribes, or to 

preempt, modify, or limit the exercise of 

any such rights. 

03. This Policy is intended to improve 

the Department’s management of its 

relations and cooperative activities with 

Indian tribes. The Department and 

operating units have no obligation to 

engage in any consultation activities 

under this policy unless they are 

practicable and permitted by law. 

Nothing in this policy requires any 

budgetary obligation or creates a right of 

action against the Department for failure 

to comply with this policy nor creates 

any right, substantive or procedural, 

enforceable at law by a party against the 

United States, its agencies, or any 

person. 

04. This Policy shall be updated as 

necessary. 

Section 9. Effective Date 

01. This Policy is effective beginning 

with the date of this memorandum and 

will remain in effect until it is amended, 

superseded by a Departmental 

Administrative Order, or revoked. 

Dated: June 26, 2012. 

Dee Alexander, 

Senior Advisor on Native American Affairs. 

[FR Doc. 2012–16004 Filed 7–2–12; 8:45 am] 

BILLING CODE 3510–17–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–48–2012] 

Foreign-Trade Zone 241—Fort 

Lauderdale, FL, Application for 

Reorganization/Expansion Under 

Alternative Site Framework 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board 

(the Board) by the City of Fort 

Lauderdale, grantee of FTZ 241, 

requesting authority to reorganize and 

expand the zone under the alternative 

site framework (ASF) adopted by the 

Board (15 CFR Sec. 400.2(c)). The ASF 

is an option for grantees for the 

establishment or reorganization of 

general-purpose zones and can permit 

significantly greater flexibility in the 

designation of new subzones or ‘‘usagedriven’’ FTZ sites for operators/users 

located within a grantee’s ‘‘service area’’ 

in the context of the Board’s standard 

2,000-acre activation limit for a generalpurpose zone project. The application 

was submitted pursuant to the ForeignTrade Zones Act, as amended (19 U.S.C. 

81a-81u), and the regulations of the 

Board (15 CFR part 400). It was formally 

filed on June 27, 2012. 

FTZ 241 was approved by the Board 

on April 6, 2000 (Board Order 1081, 

65 FR 20948, 04/19/2000). The current 

zone project includes the following 

sites: Site 1 (915 acres)—Fort 

Lauderdale Executive Airport complex, 

Commercial Boulevard, Fort 

Lauderdale; Site 2 (11 acres)— 

CenterPort Industrial Park, NW 8th 

Avenue, Fort Lauderdale; Site 3 (278 

acres)—Bergeron Park of Commerce & 

Industry, 19612 SW 69th Place, Fort 

Lauderdale; Site 4 (8 acres)—Meridian 

Business Park, 3335 Enterprise Avenue, 

Weston; and, Site 5 (7 acres)—Horst 

Dorner, 2900 SW. 42nd Street, Fort 

Lauderdale. 

The grantee’s proposed service area 

under the ASF would be portions of 

Broward County, as described in the 

application. If approved, the grantee 

would be able to serve sites throughout 


srobinson on DSK4SPTVN1PROD with NOTICES