[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32078]
[[Page Unknown]]
[Federal Register: December 29, 1994]
_______________________________________________________________________
Part IX
Department of the Interior
Bureau of Indian Affairs
25 CFR Ch. 1
Department of Health and Human Services
Indian Health Service
_______________________________________________________________________
42 CFR Part 36
Indian Self-Determination Negotiated Rulemaking Committee; Proposed
Rule
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Chapter I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
42 CFR Part 36
Indian Self-Determination Negotiated Rulemaking Committee
AGENCY: Bureau of Indian Affairs, Interior. Indian Health Service, HHS.
ACTION: Notice to establish a negotiated rulemaking committee.
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SUMMARY: As required by section 3 of the Negotiated Rulemaking Act of
1990, 5 U.S.C. 564, The Department of the Interior (DOI) and the
Department of Health and Human Services (DHHS) are giving notice of
their intention to establish an Indian Self-Determination Negotiated
Rulemaking Committee to negotiate and develop a proposed rule
implementing the Indian Self-Determination and Education Assistance Act
(ISDEAA), Pub. L. 93-638, 25 U.S.C. 450 et seq., as amended. DOI and
DHHS have determined that the creation of this committee is required by
the Indian Self-Determination Contract Reform Act of 1994 once the
agencies have decided to develop proposed regulations implementing the
ISDEAA, is in the public interest and will assist the agencies in
developing regulations authorized under section 107 of the ISDEAA.
Copies of the Committee's charter will be filed with the appropriate
committees of Congress and with the Library of Congress in accordance
with section 9(c) of the Federal Advisory Committee Act (FACA), 5
U.S.C. App.
DATES: DOI and DHHS invite any interested party to comment on the
proposal to create this negotiated rulemaking committee on or before
January 30, 1995. In addition, DOI and DHHS invite persons who believe
that they will be significantly affected by the proposed rule and who
believe that their interests will not be adequately represented by the
persons identified in this Notice to apply for, or nominate other
persons for, membership on the negotiated rulemaking committee, by
submitting applications on or before January 30, 1995. Each application
must contain the information described in the ``Application for
Membership'' section below.
ADDRESSES: Please submit comments and applications to: Mr. James
Thomas, Chief, Division of Self-Determination Services, Bureau of
Indian Affairs, U.S. Department of the Interior, MS 4627-MIB, 1849 C.
St, NW., Washington, DC 20240. Comments and applications received will
be available for inspection at the address listed above from 9:00 a.m.
to 3:00 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Mr. James Thomas, Chief, Division of Self-Determination Services,
Bureau of Indian Affairs, at the address listed above, or by telephone
at (202) 208-3705; or Athena Schoening, Deputy Associate Director,
Office of Tribal Activities, Indian Health Services, 5600 Fishers Lane,
Parklawn Building, Room 6A-19, Rockville, Maryland 20857, Telephone
(301) 443-6840 or 1104/1044.
SUPPLEMENTARY INFORMATION: The Indian Self-Determination Contract
Reform Act of 1994, Title I of the Indian Self-Determination Act
Amendments of 1994, significantly amended numerous provisions of the
ISDEAA, including section 107 of the ISDEAA (promulgation of rules and
regulations). Under the amended section 107 of the ISDEAA, the
Secretaries of the Interior and Health and Human Services are not
authorized to promulgate implementing regulations, except in specific
areas. Regulations must be promulgated pursuant to the Administrative
Procedure Act (APA) as a single set of regulations in 25 CFR within 18
months of the date of enactment of the Contract Reform Act, after which
date regulatory authority expires.
A new section 107(d) has been added to the ISDEAA requiring the
Secretaries to confer with, and allow for active participation by,
representatives of Indian tribes, tribal organizations, and individual
tribal members, in drafting and promulgating regulations. This new
subsection also specifies that in formulating proposed regulations, the
Secretaries must follow the guidance of the Negotiated Rulemaking Act
of 1990, and the recommendations of the Administrative Conference of
the United States numbered 82-4 and 85-5 entitled ``Procedures for
Negotiating Proposed Regulations.'' It also permits Indian tribes,
tribal organizations, and individual tribal members to nominate their
representatives in the proposed regulation negotiation process, but
requires inclusion of tribal representatives from all geographic
regions.
Scope of the Proposed Rule
The Indian Self-Determination Contract Reform Act of 1994 amended
section 107 of the ISDEAA to authorize the Secretaries of Interior and
Health and Human Services to promulgate regulations relating only to
the following areas: (1) Federal Tort Claims Act; (2) Contract Disputes
Act; (3) declination procedures; (4) waiver procedures; (5) appeal
procedures; (6) reassumption procedures; (7) discretionary (section 103
of the ISDEAA) grant procedures; (8) property donation procedures
(section 105(f) of the ISDEAA); (9) internal agency procedures relating
to the implementation of the ISDEAA; (10) retrocession procedures; (11)
tribal organization relinquishment procedures; (12) contract proposal
contents; (13) conflicts of interest; (14) construction; (15)
programmatic reports and data requirements; (16) procurement standards;
(17) property management standards; and (18) financial management
standards.
It is anticipated that the negotiated rulemaking committee will
develop proposed regulations in all of the above-referenced areas.
List of Interests Significantly Affected
A limited number of identifiable interests will be significantly
affected by the rule. Those parties are Indian tribes, tribal
organizations as defined in section 4(l) of the ISDEAA, and individual
tribal members, including owners of allotted Indian lands. Other
parties who believe they are likely to be significantly affected by the
rule may apply for membership on the committee pursuant to the
``Application for Membership'' section below.
Proposed Agenda and Schedule for Publication of Proposed Rule
It has been determined that the members of the negotiated
rulemaking committee will determine the agenda for the committee's
work. The Indian Self-Determination Contract Reform Act of 1994
requires proposed rules to be published in the Federal Register within
six months of enactment of the Act. The President signed the
legislation on October 25, 1994. Therefore, proposed regulations must
be published on or before April 25, 1995.
Negotiation Procedures
The following procedures and guidelines will apply to the
negotiated rulemaking committee, if formed, unless they are modified as
a result of comments received on this Notice or during the negotiation
process.
DOI and DHHS will use a neutral facilitator. The facilitator will
not be involved with the substantive development or enforcement of the
regulation. The facilitator's role is to help the negotiation process
run smoothly, and help participants define and reach consensus.
The members of the committee, with the assistance of the
facilitator, may adopt procedures for committee meetings which they
consider most appropriate.
The goal of the negotiating process is for the committee to reach
consensus on the proposed rule. Consensus means unanimous concurrence
among the interests represented unless the committee agrees to define
such term to mean general but not unanimous concurrence, or agrees upon
another specified definition.
If the committee reaches consensus on the proposed rule, the
committee shall transmit a report containing the proposed rule to the
Secretaries of DOI and DHHS at the conclusion of negotiations. If the
committee does not reach consensus on the proposed rule, it may
transmit a report specifying any areas in which it did reach consensus,
and any other recommendation it considers appropriate, including
dissenting views of committee members. Parties to the negotiation may
withdraw at any time. If this happens, the remaining committee members
will evaluate whether the committee should continue.
Meetings will be held in the Washington area, or in another
location, at the convenience of the committee. DOI and DHHS will
announce committee meetings in the Federal Register. Such meetings will
be open to the public.
Records of Meetings
In accordance with the requirements of the Federal Advisory
Committee Act, 5 U.S.C. Appx., DOI and DHHS will keep a record of all
committee meetings.
Administrative Support
To the extent authorized by law, the BIA and IHS will provide joint
funding of the costs of the committee, as well as administrative
support and technical assistance, including logistical support
services, for the activities of the committee. The Indian Self-
Determination Contract Reform Act of 1994 amends section 107 of the
ISDEAA to specifically authorize the Secretaries of Interior and Health
and Human Services to jointly establish and fund such interagency
committees or other interagency bodies, including advisory bodies
comprised of tribal representatives, as may be necessary to carry out
the provisions of the ISDEAA, notwithstanding any other provision of
law (including any regulation).
Committee Membership
The Secretaries of the Interior and Health and Human Services have
determined that the proper functioning of the committee requires that
committee membership not be limited to 25 members in order to achieve
balanced membership and representation from all geographic regions as
required by Section 107 of the ISDEAA. The following membership for the
Indian Self-Determination Negotiated Rulemaking Committee is proposed:
Department of the Interior
DOI membership will be composed of the following ten members:
Assistant Secretary--Indian Affairs
Robyn York, Acting Chief, Division of Housing Assistance
James J. Thomas, Chief, Division of Self-Determination Services
Assistant Secretary Policy Management and Budget
Dolores Chacon, Director, Office of National Service and Education
Partnerships
Assistant Secretary Fish, Wildlife and Parks
Joe Doddridge, Staff Assistant to the Assistant Secretary
Assistant Secretary Land and Minerals Management
Walt Rosenbusch, Special Assistant to the Assistant Secretary
Assistant Secretary Water and Science
John Cunningham, Procurement Analyst
Office of the Solicitor
Pat Patterson, Assistant Solicitor, Division of General Law
George Skibine, Attorney, Division of Indian Affairs
Office of the Secretary
Juliette Falkner, Deputy Director, Office of Regulatory Affairs
Edward B. Cohen, Counselor to the Secretary
Department of Health and Human Services
DHHS membership will be composed of the following five members:
Indian Health Service
(Two Representatives)
Office of Assistant Secretary for Health
(One Representative)
Office of Assistant Secretary for Management and Budget
(One Represenative)
Office of General Counsel
(One Representative)
Representatives of Tribes, Tribal Organizations, and Individual Indians
DOI and DHHS propose that tribal membership will be composed of the
following 48 members:
Aberdeen
Verna Bailey, Human Development Manager, Standing Rock Sioux Tribe
Judy Kessler, Finance Officer, Cheyenne River Sioux Tribe
Anita Whipple, Health Director, Rosebud Sioux Tribe
Roger Trudell, Administrative Officer, Santee Sioux Tribe
Albuquerque
Wendell Chino, President, Mescalero Apache Tribe
Ron Demaray, Director, Administrative Services, Ramah Navajo School
Board
Paul Swazo, Governor, Pueblo of Tesuque
Lloyd Tortalita, Director of Education Acoma Pueblo, Represents ten
Southern Governors on 638 Committee: Acoma, Cochiti, Isleta, Jemez,
Sandia, Santa Ana, Santo Domingo, San Felipe, Ysleta, Zia
Anadarko/Oklahoma City
Gaylon Franklin, Executive Director, Office of Self-Governance,
Absentee-Shawnee Tribe of Indians
James Factor, Vice Chief, Seminole Nation of Oklahoma
Gary McAdams, President, Wichita and Affiliated Tribes
Ed Mouss, Public Health Director, Creek Nation
Billings
Clara Spotted Elk, Vice Chairman, Northern Cheyenne Tribe
Janice Hawley, Secretary/Treasury, Fort Belknap Community Council
Catherine Keene, Controller/Finance Officer, Shoshone Business
Council
Marlene Bear Walter, Chairman of the Culture Committee, Blackfeet
Tribe
Eastern/Nashville
Jerry Pardilla, Governor, Penobscot Nation
James T. Martin, Tribal Administrator, Poarch Band of Creek Indians
Buford L. Rolin, Health Director, Poarch Band of Creek Indians
Michael Sockalexis, Tribal Information Liaison, United South and
Eastern Tribes, Inc.
Juneau/Alaska
Katherine Grosdidier, Executive Director, South Central Foundation
Gail Schubert, Attorney at Law (Birch, Horton, Bittner and Cherot),
Alaska Native Health Board
Margaret Roberts, President of the Kodiak Tribal Council, Shoonag
Tribe
Joe Llanos, Executive Director, Alaska Inter-Tribal Council
Minneapolis/Bemidji
Deanna Bauman, Health Administrator, Oneida Community Health Center
John Lufkins, Executive Director, Bay Mills Executive Council
Kenneth Meshigaud, Chairman, Hannahville Tribal Council
Tom Ross, Member-at-Large, Upper Sioux Board of Trustees
Muskogee
Bill Anoatubby, Governor, Chickasaw Nation of Oklahoma
Mike Factor, Treasurer, Creek Nation of Oklahoma
Charles Head, Self-Governance Coordinator, Cherokee Nation of
Oklahoma
Jack Ferguson, Tribal Treasurer/Cabinet Level Person over Health
Services, Choctaw Nation of Oklahoma
Navajo
Allen Begay, Chief Executive, Navajo Nation
M. Skip Curley, Contracting Officer, Navajo Nation
Lydia Pourier, Director, Navajo Health Department, Navajo Nation
Milton Bluehouse, Council Delegate, Navajo Nation
Phoenix/Tucson
Margo Cowan, Staff Attorney, Executive Office, Tohono O'Odham Nation
Carmen Juan, Contract Specialist, Tohono O'Odham Nation
Lucille Encinas, Contract Specialist, Tohono O'Odham Nation
David Ramierz, Council Member, Pascua Yaqui Tribe
Portland
Julia Davis, Chairperson, Northwest Portland Area Indian Health
Board
Donna L. Starr, Health Director, Muckleshoot Tribe
Bruce Wynne, President, Affiliated Tribes of the Northwest
Ken Smith, Chief Executive Officer, Confederated Tribes of Warm
Springs
Sacramento/California
Anthony Largo, Chairman, Santa Rosa Reservation
Dale Risling, Chairman, Hoopa Valley Reservation
Darlene Cummings, Chairman, Mooretown Rancheria
Joseph Saulque, Vice Chairman, Benton Paiute Reservation
In addition to the 48 tribal representatives identified above, DOI
solicits individual tribal members, including owners of allotted Indian
land, whose interests will be significantly affected by the rule to
submit nominations for membership on the Indian Self-Determination
Negotiated Rulemaking Committee.
Application for Membership
Persons who believe that they will be significantly affected by
regulations implementing Title I of the ISDEAA and who believe that
their interests will not be adequately represented by any person
identified in the ``Committee Membership'' section above, may apply
for, or nominate another person for, membership on the Indian Self-
Determination Negotiated Rulemaking Committee. Each application or
nomination shall include:
1. The name of the applicant or nominee and a description of the
interest(s) such person will represent.
2. Evidence that the applicant or nominee is authorized to
represent parties related to the interest(s) the person proposed to
represent.
3. A written commitment that the applicant or nominee will actively
participate in good faith in the development of the proposed rule.
4. The reasons that the proposed members of the committee
identified above do not represent the interests of the person
submitting the application or nomination.
To be considered, the application must be received by the close of
business on January 30, 1995 at the location indicated in the
``Address'' section above.
DOI and DHHS will give full consideration to all applications and
nominations timely submitted. The decision to add a person to the
Indian Self-Determination Negotiated Rulemaking Committee will be based
on whether an interest of that person will be significantly affected by
the proposed rule, whether that interest is already adequately
represented on the Committee, and if not, whether the applicant or
nominee would adequately represent it.
Dated: December 22, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs, DOI.
Dated: December 20, 1994.
Michael Trujillo,
Assistant Surgeon General, Director, Indian Health Service, DHHS.
[FR Doc. 94-32078 Filed 12-28-94; 8:45 am]
BILLING CODE 4160-16-M; 4310-02-M
