Appendix D Tribal Consultation

TRIBAL SUMMARY IMPACT STATEMENT
FOR THE PROPOSED RULE:
Supplemental Nutrition Assistance Program:
Standardization of State Heating and Cooling Standard Utility Allowances

Agency:

U.S. Department of Agriculture
Food and Nutrition Service (FNS)

Subject:

Tribal Consultation Impact Analysis
Supplemental Nutrition Assistance Program: Standardization of State Heating and Cooling
Standardi Utility Allowances

A review of the Food and Nutrition Service (FNS) Supplemental Nutrition Assistance Program: Standardization
of State Heating and Cooling Standard Utility Allowances proposed rule has been conducted by the Office of
Tribal Relations (OTR), USDA, specifically to determine whether the requirements of Tribal consultation and
coordination have been met or is required. This review focuses on compliance with consultation and
coordination with Indian Tribal Governments, and whether the proposed Directive is in compliance with
USDA Departmental Regulation (DR) 1350-002, "Tribal Consultation, Coordination, and Collaboration," and
Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments."
TRIBAL IMPLICATIONS

According to the previously mentioned DR and EO, each agency must first examine whether their proposed
regulations or agency action has tribal implications. "Tribal implications" refers to regulations 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.
The Office of Tribal Relations has reviewed this regulation and we determined that consultation is
required.
CONSULTATION AND COORDINATION ANALYSIS as required by EO 13175 and DR 1350-002:
A. Conclusion

Our review of the regulation discloses that there are possible Tribal implications and that consultation is
required. FNS has stated that it will have a consultation in late June regarding this rule. If further
consultation is requested, OTR will work with the Food and Nutrition Service to ensure quality consultation is
provided.
In accordance with Departmental Regulation 1350-002, the Office of Tribal Relations suggests the below
language replace the current Executive Order 13175 section on pages 19-20:
Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

Executive Order 13175 requires Federal agencies to consult and coordinate with Tribes on a government-togovernment basis on policies that have Tribal implications, including regulations, legislative comments, or
proposed legislation. Additionally, other policy statements or actions that have substantial direct effects on

one or more Indian Tribes, the relationship between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal Government and Indian Tribes also require
consultation. This regulation has possible Tribal implications, so consultation is required. FNS will have a
consultation on this rule prior to it entering the rulemaking process. If further consultation is requested, OTR
will work with FNS to ensure quality consultation is provided.
B. Certification
I certify that the following review and analysis has been conducted in accordance with Departmental
nsultation" and Executive Order 13175, "Consultation and Coordination
Regulation (DR) 135
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6-7-4
Di
-ctor
Acti
Office of Tribal Relations

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