[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18807-18809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06775]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[FR-6289-N-02]


Notice of Intent To Establish a Tribal Intergovernmental Advisory 
Committee; Structure and Request for Nominations

AGENCY: Office of Assistant Secretary for Public and Indian Housing, 
U.S. Department of Housing and Urban Development (HUD).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice seeks nominations for HUD's Tribal 
Intergovernmental Advisory Committee (TIAC). It provides details on who 
is eligible to serve on TIAC and how Tribal governments can nominate 
persons to serve on TIAC on their behalf. Additionally, this notice 
announces the structure of the TIAC, informed by Tribal feedback.

DATES: Nominations for potential representatives of the TIAC are due on 
or before: May 31, 2022.

ADDRESSES: Interested persons are invited to submit nominations for 
potential representatives of the TIAC. Nominations may be submitted to 
HUD electronically. All submissions must refer to the above docket 
number and title.
    Electronic Submission of Nominations. Interested persons may submit 
nominations electronically through the Federal eRulemaking Portal at 
www.regulations.gov. Electronic submission allows the maximum time to 
prepare and submit nominations, ensures timely receipt by HUD, and 
enables HUD to make them immediately available to the public. 
Nominations submitted electronically through the www.regulations.gov 
website can be viewed by interested members of the public. Individuals 
should follow the instructions provided on that website to submit 
nominations.

    Note: To receive consideration, nominations must be submitted 
electronically through www.regulations.gov and refer to the abo1ive 
docket number and title. Nominations should not be submitted by 
mail.

    No Facsimile Comments. Facsimile (FAX) comments will not be 
accepted.
    Public Inspection of Nominations. All properly submitted 
nominations and communications submitted to HUD will be available for 
public inspection and copying between 8:00 a.m. and 5:00 p.m. weekdays 
at the HUD Headquarters building located at 451 7th Street SW, 
Washington, DC 20410-0500. Due to security measures at the HUD 
Headquarters building, an advance appointment to review the submissions 
must be scheduled by calling the Regulations Division at (202) 708-3055 
(this is not a toll-free number). Individuals with speech or hearing 
impairments may access this number via TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339. Copies of all 
submissions are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW, Room 4108, Washington, DC 20410-0500, telephone (202) 401-7914 
(this is not a toll-free number). Individuals with speech or hearing 
impairments may access this number via TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    Consistent with Executive Order 13175,\1\ HUD's Tribal Government-
to-Government Consultation Policy recognizes the right of Indian tribes 
to self-governance and supports Tribal sovereignty and self-
determination.\2\ It provides that HUD will engage in regular and 
meaningful consultation and collaboration with Tribal officials in the 
development of Federal policies that have Tribal implications. 
Executive Order 13175 also requires Federal agencies to advance Tribal 
self-governance and ensure that the rights of sovereign Tribal 
governments are fully

[[Page 18808]]

respected by conducting open and candid consultations.
---------------------------------------------------------------------------

    \1\ Executive Order 13175, 65 FR 67249 (November 9, 2000).
    \2\ Tribal Government-to-Government Consultation Policy, 81 FR 
40893 (June 23, 2016).
---------------------------------------------------------------------------

    In 2016, in furtherance of Executive Order 13175, HUD proposed the 
establishment of a TIAC. On June 23, 2016, HUD published a Federal 
Register Notice seeking comments on the structure of the proposed 
TIAC.\3\ On December 21, 2016, HUD published a second Federal Register 
Notice announcing the establishment of the TIAC and requesting 
nominations from duly elected or appointed Tribal leaders to serve on 
the TIAC.\4\ HUD received nominations from various Tribes but did not 
receive an adequate number of nominations to fully constitute the TIAC. 
Accordingly, HUD did not complete the establishment of the TIAC at that 
time.
---------------------------------------------------------------------------

    \3\ Notice of Proposal to Establish a Tribal Intergovernmental 
Advisory Committee; Request for Comments on Committee Structure, 81 
FR 40899 (June 23, 2016).
    \4\ Establishment of Tribal Intergovernmental Advisory 
Committee; Request for Nominations for Tribal Intergovernmental 
Membership, 81 FR 93700 (December 21, 2016).
---------------------------------------------------------------------------

    On January 26, 2021, President Biden issued a Presidential 
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation 
Relationships.\5\ The memorandum directed all Federal agencies to take 
actions to strengthen their Tribal consultation policies and practices 
and to further the purposes of Executive Order 13175.
---------------------------------------------------------------------------

    \5\ The memorandum was published in the Federal Register on 
January 29, 2021 (86 FR 7491).
---------------------------------------------------------------------------

    To further enhance consultation and collaboration with Tribal 
governments, HUD is once again proposing to establish the TIAC. Several 
Federal agencies have established similar Tribal advisory committees. 
These advisory committees convene periodically during the year to 
exchange information with agency staff, notify Tribal leaders of 
activities or policies that could affect Tribes, and provide guidance 
on consultation. HUD has determined that a similar advisory committee 
would provide critical support to the Department as it formulates 
policies having a direct impact on Tribes/Tribally Designated Housing 
Entities (TDHEs). The formation of the TIAC would also assist the 
Department in carrying out its responsibilities under the Presidential 
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation 
Relationships.
    On November 15, 2021, HUD published a notice in the Federal 
Register soliciting Tribal feedback on a proposed TIAC. HUD proposed 
how the TIAC would be structured and how it would function. HUD 
received written comments from 12 different commenters submitted via 
regulations.gov. The commenters included Tribes, Tribal leaders, Tribal 
housing employees, Tribal housing authorities, regional housing 
authorities, and Tribal individuals, and represented many different 
perspectives. Overall, commenters were supportive of establishing the 
TIAC. Commenters submitted feedback with respect to many topics, 
including:
    <bullet> Number of Tribal representatives on the committee;
    <bullet> Eligibility criteria for Tribal representatives;
    <bullet> Ensuring that the TIAC does not supplant negotiated 
rulemaking committees in the future or negatively impact other Tribal 
consultation practices;
    <bullet> Length of a representative's tenure;
    <bullet> Experience with housing;
    <bullet> What source of funding would be used to support TIAC.
    HUD reviewed all comments and took them into consideration when 
establishing the structure of the TIAC. HUD thanks all commenters for 
their thoughtful feedback.
    This notice announces the structure of the TIAC (informed by Tribal 
feedback) and solicits nominations for Tribal representatives of the 
committee.

II. Nominations for TIAC Representation

    HUD is requesting nominations for Tribal representatives to serve 
on the TIAC. Nominations are due on or before: May 31, 2022. If you are 
interested in serving as a representative of the Committee or in 
nominating another person to serve as a representative of the 
Committee, you may submit a nomination to HUD in accordance with the 
Electronic Submission of Nominations section of this notice. Your 
nomination for representation on the Committee must include:
    1. The name of the nominee, a description of the interests the 
nominee would represent, and a description of the nominee's experience 
and interest in American Indian and Alaska Native housing and community 
development matters;
    2. Evidence that the nominee is a duly elected or appointed Tribal 
leader and is authorized to represent a federally recognized tribal 
government or Alaska Native Corporation;
    3. A written commitment from the nominee that she or he will 
actively engage and participate in the Committee meetings; and
    4. A written preference for serving either a two- or a three-year 
term on the TIAC. HUD will appoint the representatives of the TIAC from 
the pool of nominees submitted in response to this notice. HUD will 
announce the final selections for TIAC representatives in a subsequent 
Federal Register notice. Representatives will be selected based on 
proven experience and interest in American Indian and Alaska Native 
(AIAN) housing and community development matters and whether the 
interest of the proposed representative could be represented adequately 
by other representatives. In addition to the criteria above, at-large 
representatives will be selected based on their ability to represent 
specific interests that might not be represented by the selected 
regional representatives.
    Generally, only elected officers of a tribal government acting in 
their official capacities with authority to act on behalf of the tribal 
government may serve as TIAC representatives or alternates of the TIAC.
    Tribal employees are also eligible to serve if appointed by a duly 
elected tribal leader of a federally recognized tribe and are 
authorized to officially act on the Tribal government's behalf.
    Elected officials representing Alaska Native Corporations, or 
designated employees, may also serve on TIAC at HUD's discretion 
provided they demonstrate that they meet the criteria specified in the 
statutory exemption to the Federal Advisory Committee Act (FACA) found 
in the Unfunded Mandates Reform Act (UMRA) at 2 U.S.C. 1534(b).
    Because the TIAC will operate under the Tribal government statutory 
exemption to the Federal Advisory Committee Act (FACA) found in the 
Unfunded Mandates Reform Act (UMRA) at 2 U.S.C. 1534(b), HUD will not 
consider nominees solely representing Tribally Designated Housing 
Entities, state recognized Tribes, or national or regional 
organizations. However, HUD will consider nominations from associations 
that represent elected officials of Tribes who have been designated by 
an elected Tribal leader to participate in TIAC.

III. Structure of the TIAC

A. Purpose and Role of the TIAC

    The purposes of the TIAC are:
    (1) To further facilitate intergovernmental communication between 
HUD and Tribal leaders of federally recognized Tribes on all HUD 
programs;
    (2) To make recommendations to HUD regarding current program 
regulations that may require revision, as well as suggest rulemaking 
methods to develop such changes. The TIAC will not, however, negotiate 
any changes to

[[Page 18809]]

regulations that are subject to negotiated rulemaking under Section 106 
of the Native American Housing Assistance and Self-Determination Act 
(NAHASDA) and will not serve in place of any future negotiated 
rulemaking committee established by HUD; and
    (3) To advise in the development of HUD's AIAN housing priorities.
    The role of the TIAC is to provide recommendations and input to 
HUD, and to provide a vehicle for regular, meaningful consultation and 
collaboration with Tribal officials. It will not replace other means of 
Tribal consultations, but, rather, will supplement them. HUD will 
maintain the responsibility to exercise program management, including 
the drafting of HUD notices, guidance documents, and regulations.

B. Charter and Protocols

    The TIAC will develop its own ruling charter and protocols. HUD 
will provide staff support to the TIAC to act as a liaison between TIAC 
and HUD officials, manage meeting logistics, and provide general 
support for TIAC activities.

C. Meetings and Participation

    Subject to availability of Federal funding, the TIAC will meet 
periodically to discuss agency policies and activities with HUD, set 
shared priorities, and facilitate further consultation with Tribal 
representatives. Initially, meetings will likely be conducted 
virtually, but may be in person in the future, and will be conducted 
consistent with any COVID-19 safety protocols. HUD will pay for these 
meetings, including the representative's cost to travel to these 
meetings. The TIAC may also agree to meet virtually outside of formal 
meetings, via conference calls, videoconferences, or through other 
forms of communication. Additional in-person meetings may be scheduled 
at HUD's discretion in the future. Participation at TIAC meetings will 
be limited to TIAC representatives or their alternates. Alternates must 
be designated in writing by the representative's Tribal government to 
officially act on their behalf. TIAC representatives may bring one 
technical advisor to the meeting at their expense. The technical 
advisor can advise the representative but cannot speak in the 
representative's place. Meeting summaries may be available on the HUD 
website.

D. TIAC Representation

    The TIAC will be comprised of HUD representatives and Tribal 
representatives from across the country, representing small, medium, 
and large tribes. The TIAC will be composed of HUD officials (including 
the Secretary or his or her designee, as well as the Assistant 
Secretaries for Office of Public and Indian Housing (PIH), Office of 
Policy, Development, and Research (PD&R), Office of Fair Housing and 
Equal Opportunity (FHEO), Office of Field Policy Management (FPM), 
Office of Housing (FHA), Government National Mortgage Association 
(Ginnie Mae), and Office of Community Planning and Development (CPD) or 
their designees) and up to fifteen Tribal representatives. Up to two 
Tribal representatives will represent each of the six HUD ONAP regions. 
Up to three remaining Tribal representatives will serve at-large. 
Generally, only elected officers of a tribal government acting in their 
official capacities or designated employees of tribal governments with 
authority to act on behalf of the tribal government may serve as TIAC 
representatives or alternates of the TIAC. Elected officials 
representing Alaska Native Corporations, or designated employees, may 
also serve on TIAC at HUD's discretion provided they demonstrate that 
they meet the criteria specified in the statutory exemption to the 
Federal Advisory Committee Act (FACA) found in the Unfunded Mandates 
Reform Act (UMRA) at 2 U.S.C. 1534(b). The Secretary of HUD will 
appoint the HUD representatives of the TIAC. TIAC Tribal 
representatives will serve a term of two years. To ensure consistency 
between Tribal terms, representatives will have a staggered term of 
appointment. In order to establish a staggered term of appointment, 
half of the Tribal representatives appointed in the inaugural year of 
the TIAC will serve two years and the other half will serve three 
years. Tribal representatives must designate their preference to serve 
two or three years; however, HUD will make the final determination on 
which Tribal representatives will serve two or three years. Once these 
Tribal representatives complete these initial terms, future Tribal 
representatives will serve terms that last two years. Should a 
representative's tenure as a Tribal leader come to an end during their 
appointment to the TIAC, the representative's Tribe will nominate a 
replacement, if not the already nominated alternate.

E. Function

    The establishment of the TIAC is intended to enhance government-to-
government relationships, communications, and mutual cooperation 
between HUD and Tribes. It is not intended to, and will not, create any 
right to administrative or judicial review, or any other right or 
benefit or trust responsibility, substantive or procedural, enforceable 
by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other persons.

Dominique Blom,
General Deputy Assistant, Secretary for Public and Indian Housing.
[FR Doc. 2022-06775 Filed 3-30-22; 8:45 am]
BILLING CODE 4210-67-P