[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Proposed Rules]
[Pages 75906-75907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30698]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

42 CFR Part 36


Joint Tribal and Federal Self-Governance Negotiated Rulemaking 
Committee

AGENCY: Indian Health Service (IHS), Department of Health and Human 
Services (DHHS).

ACTION: Notice of intent to establish 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 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 Self-Governance, 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

[[Page 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 Self-Governance 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 Self-
Governance, 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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