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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."
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