Coinciding with the 25th Annual National Association of Tribal Historic Preservation Officers Conference, the Federal Communications Commission (FCC) announces an in-person opportunity for federally-recognized Tribal Nations and Native Hawaiian Organizations (NHOs) to consult with Commission staff regarding potential changes to the FCC’s National Environmental Policy Act (NEPA) rules. FCC staff will be available to schedule one-on-one Tribal Consultation meetings at the Grand Sierra Resort and Casino in Reno, Nev., on September 8-9, 2025.

• Location: Grand Sierra Resort and Casino, 2500 E 2nd St, Reno, Nevada 89595
• Dates:       September 8-9, 2025 (Monday and Tuesday)
• Request an In-Person Tribal Consultation:  Native@fcc.gov

Tribal consultation is in furtherance of the Commission’s government-to-government relationship as described in the Commission’s 2000 Tribal Policy Statement.  To reserve a time for a Tribal Consultation, interested parties may submit a request to the Office of Native Affairs and Policy (ONAP) by sending an email to Native@fcc.gov.  On-site confirmation at the conference venue will also be available.  FCC staff will also be available throughout the conference to answer questions.

Background

The FCC adopted a Notice of Proposed Rulemaking (FCC 25-47) on August 7, 2025, under WTB Docket No. 25-217, to take a fresh look at the Commission’s environmental rules to account for recent amendments to the National Environmental Policy Act (NEPA) under the 2023 Fiscal Responsibility Act (FRA).  In addition, in January, President Trump issued Executive Order (E.O.) 14154 titled “Unleashing American Energy,” which called upon “all agencies [to] prioritize efficiency and certainty over any other objectives” in revising agency regulations implementing NEPA.  In light of the changes to the legal landscape and consistent with the objectives of that Executive Order, the FCC seeks comment on how we should revise Commission rules to streamline the environmental review process, promote efficiency, and encourage deployment of infrastructure that results in more competition and technological innovation.

The FCC is also taking this opportunity to seek comment on whether there are parts of our environmental rules that are now unnecessary or outdated and should be deleted. Given the Commission’s environmental rules are entwined with our historic preservation rules, we also seek comment on any impact to our National Historic Preservation Act (NHPA) framework and examine what rule changes, if any, might be appropriate.

Earlier this summer, on July 15, 2025, the Wireless Telecommunications Bureau (WTB) and the Consumer and Governmental Affairs Bureau’s (CGB) ONAP held an opportunity for federally-recognized Tribal Nations and NHOs to consult with Commission staff regarding NEPA and the Section 106 process of NHPA, which included an overview of the CTIA Petition for Rulemaking (Docket No. RM-12003).  Comments received under Docket No. RM-12003 regarding changes proposed in the CTIA Petition will be transferred to Docket No. 25-217.

Ex Parte Requirements

Tribal Nations and NHOs, like other interested parties, should file comments, reply comments, and ex parte presentations in the public record in order to put facts and arguments before the Commission in a manner such that they may be relied upon in the decision-making process.  The Commission, however, will exempt ex parte presentations involving elected and appointed leaders, and duly appointed representatives, of federally-recognized Tribal Nations and NHOs from the disclosure requirements in permit-but-disclose proceedings (47 CFR § 1.1206) and the prohibitions on presentations during the Sunshine Agenda period (47 CFR § 1.1203).  Specifically, presentations from elected and appointed leaders or duly appointed representatives of federally-recognized Tribal Nations or NHOs to Commission decision makers shall be exempt from disclosure.  To be clear, while the Commission recognizes that consultation is critically important, we emphasize that the Commission will rely in its decision-making only on those materials that are placed in the public record for this proceeding.