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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
direct effect on Tribal communities and how these actions impose substantial direct compliance costs or on Tribes.
Would it be helpful to define the meaning of the terms substantial direct compliance costs and substantial direct effects? How do you define these terms when determining whether to consult with DOT?

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3. Consultation With ANCSA
Corporations Our policies address consultation with federally-recognized Indian tribes including Alaska Native tribes, villages, and communities that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994.11 It does not, however, address consultation with corporations established pursuant to the Alaska Native Claims Settlement Act ANCSA
Corporations. In 2004, through two consolidated appropriations acts, Congress required Federal agencies to consult with Alaska Native Corporations 6 on the same basis as Federally recognized Indian Tribes under E.O. 13175. Pub. L. 108199, 118
Stat. 452, as amended by Pub. L. 108
447,118 Stat. 3267. DOT interprets the term Alaska Native Corporations in this requirement to mean Native Corporations as that term is defined under the Alaska Native Claims Settlement Act ANCSA of 1971. DOT
is considering adding to the DOT
Consultation Policy the requirement to consult with Alaska Native Corporations on the same basis as Indian Tribes under E.O. 13175. The Department requests comments on the requirement to consult with Alaska Native Corporations that would help us improve our policy while recognizing the important differences between them and sovereign tribal governments, the Federal trust responsibility to those Tribal governments and corporations obligated to maximize financial returns to shareholders, and that Alaska Native Corporations may not necessarily represent the same perspective or interests as Tribal nations.
4. Consultation With Native Hawaiians and State-Recognized Tribes Our policies currently include references to non-Federally recognized groups of Indigenous people, such as State-recognized Tribes, but not Native Hawaiians and Native Hawaiian 6 Alaska Native Corporation, pursuant to 43
U.S.C. 1602 et seq., is any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act.

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organizations. The intent of our Tribal consultation policies is to outline how DOT will engage and conduct consultation with Federally recognized Tribal Governments in accordance with E.O. 13175 and applicable requirements.
To be consistent with the definition of an Indian tribe in E.O. 13175, the Department is considering removing from our policies implementing E.O.
13175 references to non-Federally recognized Tribes. Please comment on whether you would agree with removing references to non-Federally recognized Tribes.

activities with Indian tribes. Please explain your recommendation.
What treaty or other source do you consider creates an obligation that the Department should carry out? Please explain your response.
What treaty or other source do you consider creates a trust obligation for the Department?
In addition to carrying out consultations with tribes on policies that have tribal implications, what other specific trust obligations should be carried out by the Department?
Please explain your recommendation.

5. Communicating Agency Disposition of Tribal Input
III. Tribal Consultation Meeting This Tribal consultation meeting and any listening sessions hosted by Tribal associations are intended to provide interested parties with an opportunity to discuss their views on the issues; and for us to obtain the views of Federally recognized Tribes, in accordance with E.O. 13175 and the Presidential Memorandum, on ways we can improve our outreach and communication with Indian Tribes when we develop policies with Tribal implications. We consider Tribal consultation meetings a valuable component of our deliberations and believe that these meetings will allow for constructive dialogue with the Tribal community, Tribal officials, Tribal Elders, elected members of Alaska Native Villages or their appointed representatives, and principals of tribally-owned and Alaska Native Corporation-owned firms. Testimony received at these Tribal consultations will guide our review process of our Tribal consultation policies and practice and may be used to develop new policies and strategies for consultation.
Respondents. The Consultation will prioritize the Government-toGovernment discussion and will provide elected or appointed leaders of Tribal governments or their designated representatives first opportunity to comment. Other representatives of Tribal governments, Tribal organizations, and members of the public may offer comment after official Tribal representatives. The order of comments will be as follows: First, elected or appointed leaders of Tribal governments or their designated representatives who requested to provide testimony in advance of the meeting; second, elected or appointed leaders of Tribal governments or their designated representatives who requested to provide testimony via a chat function during the consultation;
third, other representatives of Tribal governments who request to provide oral testimony in advance of the meeting or via the chat function; fourth,
DOT and its OAs describe tribal input and concerns regarding specific projects in its environmental documents and decision documents. DOT similarly addresses tribal input and concerns in its rulemaking documents by describing any Tribal consultations or concerns that were identified in the course of developing the rulemaking. We are interested in any general comments or concerns that would help us improve our process for communicating with Tribes how their input was considered by agency decision makers. How could we improve our post-consultation communication? Are there best practices of which we should be aware to ensure that tribal concerns are heard and addressed?
6. Recognition of Federal Trust and Treaty Obligations As set forth in the U.S. Constitution, treaties, U.S. Supreme Court decisions, Federal statutes and regulations, and Executive Orders, the United States has a unique legal relationship with Indian tribes and a special relationship with Alaska Native entities. Based on treaties with Indian tribes, the U.S. Supreme Court shortly after the founding of the United States established the concept of a Federal trust to define the relationship between the Federal and tribal governments. This trust relationship continues to guide and interpret the responsibility of the United States to Indian tribes. The Department acknowledges that the Federal trust doctrine is a cornerstone of Federal Indian law and that it is the responsibility of the U.S. government to faithfully carry out its treaty promises and trust obligations to Indian tribes.
To ensure that the Department is meeting its treaty obligations and trust responsibilities, we are therefore seeking comments on what actions you think the Department should conduct or not conduct regarding its programs and
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