Upcoming Tribal Consultation – Federal Subsistence Board

The Alaska Federation of Natives would like to share the following invitation from the Department of the Interior (DOI) and the United States Department of Agriculture (USDA) for a tribal consultation to receive input on the Notice of Proposed Rulemaking related to adding members to the Federal Subsistence Board. (https://www.federalregister.gov/d/2024-03604).

When: Monday, May 20, 2024, 11:30 a.m. – 1:30 p.m. AKDT (3:30 p.m. – 5:30 p.m. EST).

Link to register: https://tinyurl.com/yzmdfxhb

They are also accepting written comments, which can be submitted by email to [email protected] by 7:59 p.m. AKDT (11:59 p.m. EST) on Thursday, June 20, 2024.

Background:

The Federal Subsistence Management Program is a joint effort between DOI and USDA and these regulations are located in two different titles of the Code of Federal Regulations (CFR): The USDA regulations are at title 36, “Parks, Forests, and Public Property,” and the DOI regulations are at title 50, “Wildlife and Fisheries,” at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.

This proposed rule would revise the regulations concerning the composition of the Federal Subsistence Board (Board) by adding three public members nominated or recommended by federally recognized Tribal governments, requiring that those nominees have personal knowledge of and direct experience with subsistence uses in rural Alaska including Alaska Native subsistence uses, defining requirements used for the selection of the Board Chair, affirming the Secretaries’ authority to replace members from the Board, and affirming the Secretaries’ responsibility and oversight regarding Board decisions while incorporating a ratification requirement.

The DOI and USDA are conducting a Tribal consultation as listed below and will accept oral and written comments. They are seeking input, including on the following:

  1. Are federally recognized Tribal governments the only groups that should nominate/recommend public board members that possess the qualifications identified in this proposed rule? Should Alaska Native Corporations and other entities also be included as entities to nominate/recommend public board members, so long as the nominees possess personal knowledge of and direct experience with subsistence uses in rural Alaska (including Alaska Native subsistence uses)?
  2. Would it be preferable for federally recognized Tribes to nominate/recommend only two of the three new public board members?
  3. How should the Secretaries solicit and receive nominations/recommendations? Should the Secretaries broadly solicit nominations or recommendations from federally recognized Tribal governments, or should the Secretaries identify as a matter of their sole discretion one or more specific federally recognized Tribal governments?
  4. Is the proposed quorum of six appropriate with the addition of the three new public board members, or should it be increased?

They also invite comments on other issues relating to the proposed rule, including whether public board members should have the ability to appoint alternates and possible approaches to establishing term limits on public board members.

Please note that the Tribal consultation will be closed to the press and the public to protect confidential information that may be discussed during the sessions.

For more information, please visit https://www.bia.gov/service/tribal-consultations/notice-proposed-rulemaking-related-adding-members-federal-subsistence.