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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
West Building Ground Floor, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays; or Fax: 12024932251.
All comment submissions must include the agency name, docket name, and docket number DOTOST2021
0023. DOT solicits comments from the public to better inform its deliberations.
DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice DOT/ALL
14 FDMS, which can be viewed at www.dot.gov/privacy. Physical access to the Docket is available at the Hand Delivery address noted in this section.
FOR FURTHER INFORMATION CONTACT: Milo Booth, Director of Tribal Affairs, 202
3099786, milo.booth@dot.gov.
SUPPLEMENTARY INFORMATION:

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I. Purpose On January 26, 2021, President Biden issued a Presidential Memorandum on Tribal consultation and Strengthening Nation-to-Nation Relationships Presidential Memorandum 1
reaffirming Executive Order E.O.
13175 titled Consultation and Coordination With Indian Tribal Governments 2 and the policy announced in the 2009 Presidential Memorandum titled Tribal Consultation 2009 Presidential Memorandum.3 The Presidential Memorandum directs agencies to consult with Indian Tribes to develop a detailed plan of actions to implement E.O. 13175 and subsequently submit this plan to the Director of the Office of Management and Budget OMB and the Assistant to the President for Domestic Policy APDP within 90 days April 26, 2021.
Consistent with E.O. 13175 and the Presidential Memorandum, the U.S.
Department of Transportation DOT or we announces its intent to engage in Tribal consultation on whether our existing consultation policies and practices are effective in implementing E.O. 13175 and ways we can improve our outreach and communication with Indian Tribes. We also announce the establishment of a docket to receive comments from Indian Tribal officials,4
tribal organizations, individual tribal 1 86

FR 7491 January 29, 2021.
2 65 FR 67249 November 9, 2000.
3 74 FR 57879 November 9, 2009.
4 Tribal officials, as defined in Section Id of E.O. 13175, means elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations.

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members and other interested persons on our communication and outreach with Indian Tribes when we consider policies that have tribal implications. 5 In section II, below, we identify specific questions to help us assess our implementation of E.O.
13175.
II. Background A. Agency Mission. Our mission is to ensure America has the safest, most efficient and modern transportation system in the world, which boosts our economic productivity and global competitiveness and enhances the quality of life in communities both rural and urban. The Department and its Operating Administrations OAs implement a diverse set of funding and safety programs. We are interested in any general comments or concerns that would help us improve our communication and outreach with Indian Tribes on policies that have tribal implications, as we strive to achieve our mission.
B. Existing Policies Regarding Interactions with Indian Tribes. We previously have issued two policy statements that set forth principles to promote effective government-togovernment interactions with American Indian and Alaska Native Tribes, and to encourage and facilitate Tribal involvement in areas over which the DOT has jurisdiction. DOT Order 5301.1, Department of Transportation Programs, Policies, and Procedures Affecting American Indians, Alaska Natives, and Tribes November 16, 1999. https www.transportation.gov/
sites/dot.gov/files/docs/DOT%20
5301.1.pdf and a Consultation Plan issued in response to the 2009
Presidential Memorandum https
www.transportation.gov/sites/dot.gov/
files/docs/Tribal%20Consultation%20
Plan.pdf comprise these policy statements. These policy statements provide Department-wide guidelines to achieve consistency, but also encourage tailored approaches to consultation and coordination that reflect the circumstances of each situation and the preference of each Tribal government. It is our expectation that all program and OA consultation and coordination practices will be consistent with or 5 Policies that have tribal implications, as defined in Section la of E.O. 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.

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adhere to the Departments Tribal consultation policies.
1. Consultation Plan The U.S. Department of Transportation Tribal Consultation Plan Consultation Plan https
www.transportation.gov/sites/dot.gov/
files/docs/Tribal%20Consultation%20
Plan.pdf summarized E.O. 13175, the 2009 Presidential Memorandum, and DOT Order 5301.1. The Consultation Plan did not cancel or displace DOT
Order 5301.1. Rather, we read the two documents jointly. The Consultation Plan identified seven goals and specific actions associated with each goal that we would continue to take to support the principles of self-governance, selfdetermination, and tribal sovereignty identified in E.O. 13175. These goals and actions include the following:
Goal 1: Foster meaningful government-to-government relations by:
Ensuring participation by Department officials at national tribal conferences, tribal/State meetings, summits, and conferences discussing tribal issues.
Establishing direct contact with Indian tribal governments, including visiting tribal governments at reservations, Native Villages, and communities.
Seeking tribal government representation in meetings, conferences, summits, advisory committees, and review boards concerning issues with tribal implications.
Goal 2: Improve existing tribal programs by:
Seeking tribal input when the DOT
develops or revises regulations with tribal implications and providing adequate time to allow for comment.
Notifying tribes of grant opportunities through multiple means, including direct letters and emails whenever appropriate, as well as announcements on the DOT website and in the Federal Register.
Providing timely technical assistance on changes to legislation, regulations, programs, and grants.
Goal 3: Ensure meaningful tribal input into future tribal transportation programs by:
Developing policy and programs using input, guidance, and recommendations from tribal leaders.
Seeking and responding to comments from tribal governments.
Soliciting tribal comments in the development of the DOTs surface transportation reauthorization proposal.
Conducting meetings throughout the country after the passage of the next surface transportation authorization legislation to discuss impacts on and
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