To: 202-482-4420 From: NWIFC 	 Pg 3/ 5 10/01/12 5:30 pm 

Northwest Indian Fisheries Commission 
 ~730 Martin Way £ .. Qlympla, Wt1$hlngton 98516-5540 


Phon$ (360) 438·1 tOO www.nwifc.QrS FAX #7S~·86S9 

October 1, 2012 

Dee Alexander 

Senior Advisor on Na.tive American Affairs 

Office ofLegislation and hltergovemmcntal Affairs 

U.S. Department OfCOnl1nOrCe 

Room 5422 

1401 Constitution Ave. t NW 

Washington, DC 20230 

Dear Ms. Alexander: 

Thank you for allowing us the opportunity to COlnment On the Proposed Tribal Consultation IlIld 

Coordination Policy (Policy) for the U.S. Departnlent of Commerce. We appreciate the need tor 

administrative t1exibility and di~cl'etion while cra.fting a policy that must be implemented 

nationwide to cover u wide spectrum of circumstances. 

. General Comments ~ 

• 	 The C1JlTent brevity ofthe POlicy does not guarantee that "un accountable process to ensure 

meaningful Elnd timely input by tribal officials" will be established. 

• 	 Additional explanation of policy mtcilt is required within the consultation process section to 

ensure that intormed and substantive discussion between the Federal Government and Tribal 

governments occurs before final action is taken. 

• 	 The requirements ofExecutive Order 13175 and this policy should be constnu~d in favor of 

consultation on any given policy that may have tribal implicfltions. 

• 	 I"orma! consultation ne.eds to be a.t locations convenient to each party and not be limited to 

Washington, DC. Effort should be made to solicit Input thl'Ough region.al meetings. 

• 	 Consultation should happen: 

o 	 Before the Department begills to draft proposed regulations; 

o 	 Before the Department publishes proposed regUlations in the Federal Register; 
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(J 	 Betbre the Department implements policies having \J'ibal implications; and 

Cl 	 Before prol;losed legislation is introduced at the request ofthe Department, 

SRecifie Comments 

SeJ.'!tion 1 

• 	 Sub-section 02. should also include reference to Executive Orders and Secretarial Orders. 

• 	 Add a new sub-section (05.) at end ofthls section to read: 

o 	 The Department recognizes alld respects the diversity ofIndicul tribes and 

understands that they are culturally. truditionally and administratively different. This 

diversity makes it impossible for fllly federal agency to make the sole decision 

regarding whether or in what manner it is Il:ppropriate to consult with tribes. The only 

entities that know enough about indivIdual tribes to make that detennmation are the 

tribl~s themselves. Therefore, consultation can be initi~lted by either the tribes or the 

Department. 

Section 7 ,4 ~,~.It •. n A'h~ 

• 	 Coordination ....tith the tribes should not be limited to fonnEd consultation. The Department 

should be encouraged to engage in other forms of communioation with the tribes beyond the 

formal cOllsuJtatiun process. 

" 	 The variety of consultation should be fUrther defined in sub-section O'l. It can 

include, but not be limited to, informal discussions with tribal leaders, meeting with 

individual tribes, listening sessions, and fonnal consultation. . 

• 	 Add as the last sentence of,\lbftseotion 01. 

o 	 Ultimately, the consultation process is to entail an informed discussion afthe 

proposed federal policy and assodated tribal concerns between the designated Tribal 

Consultation Officinl and tribal officials. 

• 	 Add to the end ofthe last sentence in sub-sectioll 02.b. 

o 	 .....prior to S11bstantive decision points and/or fmal action." 

1/1 Add to the end of sub~section 02.d. 
To: 	 202-482-4420 From: NWIFC P9 51 5 10/01/12 5:30 pm 

o 	 The timing ofconsllltation is to aHow for the. substantive consideration oftribal1npul 

and concerns b~fore fmalizing Ii decision on federal policios, regulations or 

legislation. 

Thank you again tor the opportunity to provide comments on this important Policy. Should you· 

have any questions regarding our conttnents! please contact me at (360) 438·1180. 

Sincerely"