1. FERC 1 Federal Energy Regulatory Commission Policy Statement on Consultation with Tribes July 23, 2003

2. 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

3. FERC 3 Background, Continued  During March and April 2003:  Regional Tribal Sessions  Tribal Drafting Group in D.C.  Comments on the Hydro NOPR

4. FERC 4 Comments on Tribal Issues  Tribes request policy statement in regulations  Several tribes commented on substance of consultation and tribal liaison role

5. FERC 5 Tribal Policy Statement  Published in regulations  Applies to all Commission-regulated programs

6. FERC 6 Policy Statement, Con’t.  Recognizes Government-to- Government consultation  Affirms tribal sovereignty & Commission’s trust responsibilities  Establishes position of Tribal Liaison

7. FERC 7 Policy Statement, Con’t. Hydroelectric Licensing Program  Advance notice of upcoming license proceedings  Tribal Comprehensive Plans

8. FERC 8 Caveat  Commission is bound by APA and the Commission’s ex parte rules