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Richard Glen Boire's Notes on the DEA Letter to Tribes (Dec. 18, 2001)

The public info on this is the article at:
http://www.okit.com/news/2002/february/nativeamericanchurch.html

The DEA is required to consult with tribes if the agency is considering a change that might effect Native Americans. This is a process that takes place prior to any official notice in the Federal Register. I spoke with a lawyer at the DEA who told me that they expect the consultation process to last, perhaps, as late as Spring. So, that he'd be surprised if any official notice is published prior to July. He said that this is still in the early stage, and they may not even move fwd with a change if they receive negative feedback from tribes.

 I acquired a copy of the DEA's letter, and have posted it on our web site.

 Note that the letter describes the regulatory change as "an interpretive or interim rule," and goes on to note that the DEA is also considering a "comprehensive substantive rule" that would establish particular rules for selling or purchasing peyote. Later the letter says, "If the DEA promulgates a comprehensive substantive rule...the proposed rule would also be published in the federal register to give the general public an opportunity to comment on the proposed rule." This implies to me that the DEA may view the NAC deletion and replacement with "members of federally recognized Indian tribes," as something that would not require notice in the Federal Register. I don't believe that is correct.  It also implies that the DEA (wrongly) views this proposed change as only affecting NAC members, or Indians, but not "the general public."