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FERC 1 Federal Energy Regulatory Commission Policy Statement on Consultation with Tribes July 23, 2003
FERC 2 Background Sept 2002–Rulemaking initiated Oct/Nov/Dec 2002-Regional Tribal Forums Tribal Liaison designated February 2003–Hydro NOPR preamble discusses tribal issues
FERC 3 Background, Continued During March and April 2003: Regional Tribal Sessions Tribal Drafting Group in D.C. Comments on the Hydro NOPR
FERC 4 Comments on Tribal Issues Tribes request policy statement in regulations Several tribes commented on substance of consultation and tribal liaison role
FERC 5 Tribal Policy Statement Published in regulations Applies to all Commission-regulated programs
FERC 6 Policy Statement, Con’t. Recognizes Government-to- Government consultation Affirms tribal sovereignty & Commission’s trust responsibilities Establishes position of Tribal Liaison
FERC 7 Policy Statement, Con’t. Hydroelectric Licensing Program Advance notice of upcoming license proceedings Tribal Comprehensive Plans
FERC 8 Caveat Commission is bound by APA and the Commission’s ex parte rules
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