75906 Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Proposed Rules

TABLE 2.—WASTES EXCLUDED FROM SPECIFIC SOURCES—Continued

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DEPARTMENT OF HEALTH AND

HUMAN SERVICES

INDIAN HEALTH SERVICE

42 CFR Part 36

Joint Tribal and Federal SelfGovernance Negotiated Rulemaking

Committee

AGENCY: Indian Health Service (IHS),

Department of Health and Human

Services (DHHS).

ACTION: Notice of intent to establish

negotiated rulemaking committee.

SUMMARY: As required by section 3 of

the Negotiated Rulemaking Act of 1990,

5 U.S.C. 564, the Department of Health

and Human Services, (DHHS) 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 Title V of

the Tribal Self-Governance

Amendments of 2000; Public Law 106–

260, (the Act). DHHS 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 Act. In addition, DHHS 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.

DATES: Written comments concerning

this notice must be received on or before

January 4, 2001. Nominations or

applications for membership on the

committee may be made by submitting

applications on or before January 4,

2001. Each application must contain the

information described in the

‘‘Application for Membership’’ section

below.

ADDRESSES: Please submit comments

and applications to: Paula K. Williams,

Director, Office of Tribal SelfGovernance, Indian Health Service,

5600 Fishers Lane, Room 5A–55,

Rockville, MD 20857. Comments and

applications received will be available

for inspection at the address above from

9:00 a.m. to 3:00 p.m., Monday through

Friday, beginning approximately two

weeks after publication of this notice.

FOR FURTHER INFORMATION CONTACT:

Paula K. Williams, Director, Office of

Tribal Self-Governance, Indian Health

Service, at the address listed above, or

by telephone at 301–443–7821. (This is

not a toll free number).

SUPPLEMENTARY INFORMATION: Section

517 of Title V of the Act, requires the

Secretary, not later than 90 days after

the date of the enactment of the Act, to

initiate procedures under the Negotiated

Rulemaking Act, 5 U.S.C. 561 et seq. to

negotiate and promulgate the

regulations necessary to carry out Title

V. The Act calls for a negotiated

rulemaking committee to be established

pursuant to 5 U.S.C. 565, comprised

only of Federal and tribal

representatives, with a majority of the

tribal government representatives

representing Self-Governance tribes.

The Committee will confer with and

allow representatives of Indian tribes,

inter-tribal consortiums, tribal

organizations, and individual tribal

members to actively participate in the

rulemaking process. 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 Indian tribes.

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.

Appendix.

Scope of the Proposed Rule

The proposed rule generally will

include provisions governing how

DHHS/IHS carries out its responsibility

to tribes under the Act and how tribes

carry out their responsibility under the

Act. Because of the detailed provisions

contained in the Act, it is anticipated

that regulations can be kept to a

minimum. Examples of some areas

where procedures may be required are

for regulations waivers, appeals of

rejection of final offers, or where

regulations would be required, such as

under sec. 507(a) which specifies that

reporting requirements can only impose

minimal burdens on a tribe and may

only be imposed if they are contained in

regulations developed under negotiated

rulemaking. It is anticipated that the

negotiated rulemaking committee will

develop proposed regulations in 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(1) of the Indian Self-Determination

and Education Assistance Act, and

individual tribal members.

Proposed Agenda and Schedule for

Publication of Proposed Rule

It is the Secretary’s intent to publish

the proposed rule for notice and

comment no later than 1 year after the

date of the enactment of the Act (August

18, 2000 + 1 year), as required by

section 517(a)(2) of the Act.

The charter will specify 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 in order for the 12–month time

period to be met.

Negotiated 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

interests represented unless the

committee agrees to define such term to

mean general but not unanimous

Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Proposed Rules 75907

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. The DHHS, 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 anytime. If this happens, the

remaining committee members will

evaluate whether the committee should

continue or be reconstituted.

Meetings will be held in the

Washington, DC area, or in another

location, at the convenience of the

committee. DHHS 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, DHHS will keep a

record of all committee meetings.

Administrative Support

The Office of Tribal 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 SelfGovernance tribes. The Secretary has

determined in accordance with 5 U.S.C.

565(b) that for the proper functioning of

the committee and in order to achieve

balanced membership and

representation from all geographic

regions that the committee membership

not be limited to 25 members.

The following are the proposed

members of the Joint Tribal and Federal

Self-Governance Negotiated Rulemaking

Committee:

Tribal Co-Chairman

Merle Boyd—Chairman, TSGAC,

Second Chief, Sac and Fox Nation

Ron Allen—Alternative, Chairman/

Executive Officer, Jamestown

S’Klallam Indian Tribe

Self-Governance Tribes

1. Don Kashevaroff, Chairman of the

Board, Alaska Native Tribal Health

Consortium

2. Katherine Gotlieb, President/CEO,

Southcentral Foundation

3. Valerie Davidson, General Counsel,

Yukon-Kuskokwim Health

Corporation

4. Carolyn Crowder, Alaska

5. Melanie Benjamin, Chief Executive,

Mille Lacs Band of Ojibwe

6. Alvin Windy Boy, Sr., Councilman,

Chippewa Cree Tribe of the Rocky

Boy’s Reservation, Rocky Boy Health

Board

7. James T. Martin, Executive Director,

United South & Eastern Tribes, Inc.

8. Merle Boyd, Second Chief, Sac and

Fox Nation

9. Jefferson Keel, Lt. Governor,

Chickasaw Nation

10. Wanda Stone, Chairperson, Kaw

Nation

11. W. Ron Allen, Chairman/Executive

Officer, Jamestown S’Klallam Indian

Tribe

12. Willie Jones, Tribal Chairman,

Lummi Indian Nation

Title I and Direct Service Tribes

1. Carol Anne Heart, Executive Director,

Aberdeen Area Tribal Chairman’s

Health Board

2. Jim Hooper, Acting Executive

Director, Ramah Navajo School Board

3. Jessica Berger, Health Director, Little

River Band of Ottawa Indians

4. Gary Melbourne, Health Director, Fort

Peck Tribal Health Department

5. Kelly Short-Slagley, Aqua Caliente

Tribe, Vice President, Riverside-San

Bernardino County Indian Health, Inc.

6. Albert Long, Navajo Nation,

Department Director, Block Grants

and Special Projects Department

7. William McKee, Individual Tribal

Member

8. Garland Brunoe, Vice-Chairman,

Confederated Tribes of Warm Springs

9. Bob Brobois, Secretary of Tribal

Business, Spokane Tribe of Indians

10. Vernon James, Health Director, San

Carlos Apache Tribe

11. Reuben Howard, Executive Director,

Pasqua Yaqui Tribe

HHS/IHS Federal Team

1. Paula Williams—Lead Negotiator,

Director, Office of Tribal SelfGovernance, IHS

2. Leslie Morris—Alternate Lead

Negotiator, Director, Division of

Regulatory and Legal Affairs, IHS

3. Michael Mahsetky, Director,

Legislative Affairs, IHS

4. Ronald C. Ferguson, Principal

Engineer, Office of Environmental

Health and Engineering, Office of

Public Health, IHS

5. Duke McCloud, Senior Counsel,

Office of General Counsel, DHHS

6. Eugenia Tyner-Dawson, Senior

Advisor for Tribal Affairs, Office of

Intergovernmental Affairs, DHHS

7. Katherine Hughes, Office of Grants

Acquisition Management, DHHS

HHS/IHS Alternates

1. Kitty Marx, Senior Policy Analyst,

Division of Regulatory and Legal

Affairs, IHS

2. June Tracy, Legislative Specialist,

Legislative Affairs, IHS

3. Eric Broderick, D.D.S., Principal

Dental Consultant, IHS, Office of

Public Health

4. Barbara Hudson, Senior Attorney,

Office of General Counsel, DHHS

5. James Mason, Special Assistant to the

Director, Office of Intergovernmental

Affairs, DHHS

In addition to the tribal

representatives identified above, DHHS

solicits nominations of other tribal

government representatives whose

interest will be significantly affected by

the rule.

Application for Membership

Each application or nomination for

committee membership shall include:

1. 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 DHHS 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.

November 6, 2000.

Michael H. Trujillo,

Assistant Surgeon General, Director, Indian

Health Service, DHHS.

[FR Doc. 00–30698 Filed 12–4–00; 8:45 am]

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