[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8806-8807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3622]
[[Page 8805]]
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Part IV
Department of the Interior
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
25 CFR Chapter VI
Joint Tribal and Federal Self-Governance Negotiated Rulemaking;
Proposed Rule
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 /
Proposed Rules
[[Page 8806]]
DEPARTMENT OF THE INTERIOR
Office of the Secretary
25 CFR Chapter VI
Joint Tribal and Federal Self-Governance Negotiated Rulemaking
Committee
AGENCY: Office of Self-Governance, Office of the Secretary.
ACTION: Notice of intent to establish negotiated rulemaking committee.
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SUMMARY: As required by the Negotiated Rulemaking Act of 1990, the
Department of the Interior (DOI) is giving notice of the intent to
establish a Joint Tribal and Federal Self-Governance Negotiated
Rulemaking Committee (Committee) to negotiate and develop a proposed
rule implementing the Tribal Self-Governance Act of 1994. DOI invites
any interested party to comment on the proposal to create this
negotiated rulemaking committee and on the proposed membership of the
committee, which is subject to the requirements of the Tribal Self-
Governance Act. In addition, DOI invites persons who believe that they
will be significantly affected by the proposed rule to apply or
nominate other persons for membership on the negotiated rulemaking
committee. In particular, DOI seeks to add four members to the
committee from non-Self-Governance tribes.
DATES: Written comments concerning this notice must be received on or
before March 17, 1995. Nominations from non-Self-Governance tribes and
other interested parties may be made by submitting applications on or
before March 17, 1995. Each application must contain the information
described in the ``Application for Membership'' section below.
ADDRESSES: Please submit comments and applications to: William A.
Sinclair, Office of Self-Governance, U.S. Department of the Interior,
MS 2548-MIB, 1849 C Street NW., Washington, D.C. 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: William A. Sinclair, Acting Director,
Office of Self-Governance, Office of the Secretary, at the address
listed above, or by telephone at (202) 219-0240.
SUPPLEMENTARY INFORMATION: The Tribal Self-Governance Act of 1994,
Public Law 103-413 (Act), requires the Secretary, upon request of a
majority of the Self-Governance tribes, to initiate procedures under
the Negotiated Rulemaking Act, 5 U.S.C. 561, et seq., in order to
negotiate and promulgate the regulations necessary to carry out the
Self-Governance Program. The Act calls for a negotiated rulemaking
committee to be established pursuant to 5 U.S.C. 565 comprised of
federal and tribal representatives, with a majority of the tribal
representatives representing Self-Governance tribes. The Act also
authorizes the Secretary to adapt negotiated rulemaking procedures to
the unique context of Self-Governance and the government-to-government
relationship between the United States and the Indian tribes. On
November 1, 1994, a majority of the self-governance tribes wrote the
Secretary requesting the immediate initiation of negotiated rulemaking.
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, 5
U.S.C. Appendix (1988) (FACA).
Scope of the Proposed Rule
The proposed rule generally will include provisions governing how
DOI carries out its responsibility to tribes under the Act and how
tribes carry out their responsibility under the Act. The provisions
will include procedural (information and deadline) and substantive
(residual funds retained) requirements governing how DOI conducts
negotiations with tribes. The rule will also set forth a definition of
stable base budgets and timelines for the transfer of these and other
funds to tribes. The provisions will govern how additional tribes are
accepted into the Self-Governance Program planning and negotiation
process and how DOI awards planning and negotiation grants. The rule
will set forth how DOI will process regulation waiver requests from
tribes, establish an ongoing process for determining and negotiating
tribal shares of BIA and eligible non-BIA programs, set up mechanisms
to review tribal trust functions, and establish retrocession procedures
for programs or portions of programs under the Act if there is imminent
jeopardy to a physical trust asset or to public health or safety. The
provisions will include procedures for the Secretary to ensure that
proper health and safety standards are provided for in construction
projects included in annual funding agreements. The rule will establish
reporting requirements of tribes and DOI under the Act and a mechanism
for negotiating the inclusion of specific provisions of the Office of
Federal Procurement and Policy Act and Federal acquisition regulations
into annual funding agreements.
It is anticipated that the negotiated rulemaking committee will
develop proposed regulations in all of the above-referenced areas and
any other areas that may be suggested during the process.
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 Indian Self
Determination and Education Assistance Act, and individual tribal
members, including owners of allotted Indian lands.
Proposed Agenda and Schedule for Publication of Proposed Rule
It is the Secretary's intent to publish the proposed rule for
notice and comment within 12 months of the establishment of the
committee. Consequently, the Joint Tribal and Federal Self-Governance
Negotiated Rulemaking Committee shall terminate 12 months after the
date the charter is filed or upon publication of a final rule
implementing the Act, whichever occurs first. The charter for the
negotiations committee specifies that a minimum of three meetings will
be held. The first meeting will serve as an organizational meeting to
establish procedures, deadlines and a work schedule to accelerate
discussions and decisions in order that the 12 month time period will
be met. Following this first meeting, the Department will publish in
the Federal Register the procedures, deadlines, and a schedule of
negotiation committee meetings.
Negotiation Procedures
The following procedures and guidelines will apply to the
negotiated rulemaking committee, unless they are modified as a result
of comments received on this notice or during the negotiation process.
The committee may 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 [[Page 8807]] 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
Secretary 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. DOI, to the maximum extent consistent with its legal
obligations, will use the consensus of the committee as the basis for a
proposed rule for notice and comment. Parties to the negotiation may
withdraw at any time. If this happens, the remaining committee members
will evaluate whether the committee should continue or be
reconstituted.
Meetings will be held in the Washington area, or in another
location, at the convenience of the committee. DOI will announce
committee meetings in the Federal Register. These 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. Appendix, DOI will keep a record of all
committee meetings.
Administrative Support
The Office of Self-Governance will provide funding for the costs of
the committee, as well as administrative support and technical
assistance, including logistical support services, for the activities
of the committee.
Committee Membership
The Act requires that the committee be comprised only of Federal
and tribal government representatives and that a majority of the tribal
committee members be representatives from Self-Governance tribes. In a
letter to the Secretary on November 1, 1994, the Self-Governance tribes
nominated the following persons:
Rhonda Swaney--(Salish & Kootenai-Flathead)
Ron Allen--(Jamestown S'Klallam)
Loretta Bullard--(Kawerak)
Dale Risling--(Hoopa)
Bernida Churchill--(Mille Lacs)
Lindsey Manning--(Duck Valley Shoshone Paiute)
Merle Boyd--(Sac & Fox)
The Secretary has determined that the individuals listed above
shall represent the Self-Governance Tribes. In order to comply with the
Act the federal representatives will be comprised of two individuals
and that there will be four representatives from non-Self-Governance
tribes, for a total of thirteen committee members. The federal
representatives shall consist of a Special Assistant to the Secretary
and the Deputy Assistant Secretary for Indian Affairs. The
representatives of the non-Self-Governance tribes will be selected by
the Assistant Secretary-Indian Affairs from the nominations received
under this notice.
Application for Membership
Non-Self-Governance tribes may nominate tribal leaders to fill the
four designated positions on the Joint Tribal and Federal Self-
Governance Negotiated Rulemaking Committee. Each nomination shall
include:
1. The name, address and telephone number of the nominee and the
name of his or her tribe.
2. Evidence that the nominee is authorized to represent that tribe.
3. A written commitment from the nominee to actively participate in
good faith in the development of the proposed rule.
The Assistant Secretary-Indian Affairs will give full consideration
to all applications and nominations timely submitted.
Solicitation of Public Comments
Members of the public are invited to submit comments on this
proposal to establish the Joint Tribal and Federal Self-Governance
Negotiated Rulemaking Committee, as well as on the proposed membership
of the committee.
Dated: February 6, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-3622 Filed 2-14-95; 8:45 am]
BILLING CODE 4310-02-P
