October 27, 2010
Reissuance of Regulatory Nationwide Permits: Memo to MSC Cdr's and DE's concerning Tribal Consultation
The attached memorandum, dated 22 Oct 10, is provided to support government to government consultation with Tribal nations across the country for Nationwide Permit (NWP) 2012 reauthorization. The memorandum provides background on NWP rulemaking efforts, provides materials and a draft template for you to use to inform Tribal nations of the NWP 2012 reauthorization rulemaking process and invites formal consultation on this activity with the Tribes.

The Corps HQ Reg CoP is currently involved with OMB in the formal interagency vetting process. When the OMB process is complete, the Regulatory CoP will prepare the federal register notice for the proposed NWPs. Although we cannot provide the proposed document to the Tribes at this time, we anticipate that we will be able to provide the Tribes with a post-vetted copy of the proposed NWPs PRIOR to its publication in the Federal Register. As we progress through the rulemaking process, we will continue to provide guidance to all of you and your Regulatory team regarding consultation procedures and protocol and will provide the relevant documents for review and comment as soon as they are available.

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