Comment submitted by A. Kujan

EPA-HQ-OA-2010-0992 Proposed Final Policy on Consultation and Coordination with Indian Tribes Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010) Pages 78198-78202 As a member of the concerned public and a citizen of our nation, it is of importance to be informed and involved in decisions affecting our country. In addition, as a member of one of our national tribes, it is of further concern to be knowledgeable in matters affecting native peoples as well. I have read the proposed policy for EPA consultation and coordination with the Indian tribes and I feel it is a good policy overall. There is one point that I find troublesome in reference to the Notification Phase. In section V, part A the Consultation Process is discussed. Number 2, the notification phase, is as follows: “2. Notification Phase: EPA notifies the tribes of activities that may be appropriate for consultation.” While I understand that the breadth of EPA activities is enormous, it is of concern to me that the tribes are only to be notified of activities that “may” be appropriate for consultation. From my view, tribes should be notified of all activities which have any concern or affect upon them or their lands as otherwise described in the document. Whether a consultation may be deemed appropriate can be in the eyes of the beholder. Since tribal officials have the right to request a consultation, even if one is not initially considered necessary, it only makes logical sense that they should be informed of all activities so they might be able to make such a decision in the first place. Apart from this particular issue, it is my belief that the proposed regulation is otherwise sound. I appreciate the opportunity to voice my opinion and concerns. Regards, Alicia Kujan