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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102852-102853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29931]

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / 
Notices

[[Page 102852]]

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

Consultation with State, Local, and Tribal Governments in 
Regulatory Policymaking; Request for Comments; Public Listening 
Sessions

AGENCY: Administrative Conference of the United States (ACUS).

ACTION: Notice; request for comments; public listening sessions.

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SUMMARY: The Office of the Chair of ACUS is requesting public input on 
Federal agency processes for consulting with State, local, and Tribal 
governments when agencies engage in regulatory policymaking. ACUS is 
accepting written comments and will hold two virtual public listening 
sessions. Responses to this request may inform an ongoing ACUS project, 
Consultation with State, Local, and Tribal Governments in Regulatory 
Policymaking, which, if warranted, may recommend best practices for 
agencies to use.

DATES: Written comments must be received no later than 10 a.m. (ET) 
January 17, 2025.
    Two virtual public listening sessions will be held on Wednesday, 
January 8, 2025 (3 p.m.-5 p.m. ET), and Wednesday, January 15, 2025 (3 
p.m.-5 p.m. ET).

ADDRESSES: You may submit written comments by email to [email protected] 
(with ``Consultation with State, Local, and Tribal Governments in 
Regulatory Policymaking'' in the subject line of the message), or by 
U.S. Mail addressed to Consultation with State, Local, and Tribal 
Governments in Regulatory Policymaking, Administrative Conference of 
the United States, Suite 706 South, 1120 20th Street NW, Washington, DC 
20036. ACUS will ordinarily post comments on the project web page 
(https://www.acus.gov/projects/consultation-state-local-and-tribal-governments-regulatory-policymaking) as they are received. Commenters 
should not include information, such as personal information or 
confidential business information, that they do not wish to appear on 
the ACUS website. For the full ACUS public comment policy, please visit 
https://www.acus.gov/policy/public-comment-policy.
    In addition to receiving written comments, ACUS plans to hold two 
virtual public listening sessions, addressing the themes specified, on 
the following dates:
    Listening Session 1--Wednesday, January 8, 2025 (3 p.m.-5 p.m. ET). 
This listening session will focus on issues pertaining to consultation 
with State and local governments.
    Listening Session 2--Wednesday, January 15, 2025 (3 p.m.-5 p.m. 
ET). This listening session will focus on issues pertaining to 
consultation with tribal governments.
    Registration is required for each virtual public listening session. 
To register, please send an email to [email protected] by January 2, 2025 
(with ``Consultation with State, Local, and Tribal Governments in 
Regulatory Policymaking'' in the subject line of the message). In the 
email, please: (1) provide your name and organization, if any; (2) 
indicate which listening session(s) you would like to attend; and (3) 
indicate whether you would like to speak during the listening 
session(s). Online and dial-in information for the listening sessions 
will be shared with registered participants before each session.

FOR FURTHER INFORMATION CONTACT: Becaja Caldwell, Attorney Advisor, 
Administrative Conference of the United States, 1120 20th Street NW, 
Suite 706 South, Washington, DC 20036; Telephone (202) 480-2080; email 
[email protected].

SUPPLEMENTARY INFORMATION: The Administrative Conference Act, 5 U.S.C. 
591-596, established the Administrative Conference of the United 
States. The Conference studies the efficiency, adequacy, and fairness 
of the administrative procedures used by Federal agencies and makes 
recommendations to agencies, the President, Congress, and the Judicial 
Conference of the United States for procedural improvements (5 U.S.C. 
594(1)). For further information about the Conference and its 
activities, see www.acus.gov.

Consultation With State, Local, and Tribal Governments in Regulatory 
Policymaking

    Consultation requirements represent an important way through which 
Congress and presidents have defined, structured, and institutionalized 
the Federal Government's relationship with State and local governments 
and its unique nation-to-nation relationship with Tribal governments. 
The Unfunded Mandates Reform Act requires agencies to develop processes 
by which representatives of State, local, and tribal governments can 
``provide meaningful and timely input in the development of regulatory 
proposals containing significant Federal intergovernmental mandates.'' 
\1\ Executive Order (E.O.) 13132, Federalism, requires agencies to 
consult with State and local government officials when ``formulating 
and implementing policies that have federalism implications.'' \2\ E.O. 
13175, Consultation and Coordination with Indian Tribal Governments, 
similarly requires agencies to consult with Tribal government officials 
when ``formulating and implementing policies with Tribal 
implications.'' \3\
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    \1\ 2 U.S.C. 1534(a).
    \2\ 64 FR 43255 (Aug. 4, 1999). `` `Policies that have 
federalism implications' refers to regulations, legislative comments 
or proposed legislation, and other policy statements or actions that 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the 
distribution of power and responsibilities among the various levels 
of government.'' Id.
    \3\ 65 FR 67249 (Nov. 9, 2000). `` `Policies that have tribal 
implications' refers to regulations, legislative comments or 
proposed legislation, and other policy statements or actions that 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' Id.
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    The President and Office of Management and Budget have periodically 
issued additional directives and guidance regarding consultation with 
State, local, and Tribal governments. Recent directives include 
President Biden's Memorandum on Tribal Consultation and Strengthening 
Nation-to-Nation Relationships \4\ and Memorandum on Uniform Standards 
for Tribal Consultation.\5\
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    \4\ 86 FR 7491 (Jan. 29, 2021).
    \5\ 87 FR 74479 (Nov. 30, 2022).

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[[Page 102853]]

    ACUS has also emphasized the importance of effective consultation 
with State, local, and Tribal officials, recommending, for example, 
that agencies adopt best practices for consulting with State and local 
governments in cases of potential preemption of State law; \6\ consider 
how State, local, and Tribal governments will be involved in the 
retrospective review of agency rules; \7\ and codify regulations 
describing how they obtain feedback from State, local, and Tribal 
governments.\8\
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    \6\ Admin. Conf. of the U.S., Recommendation 2010-1, Agency 
Procedures for Considering Preemption of State Law, 76 FR 81 (Jan. 
3, 2011).
    \7\ Admin. Conf. of the U.S., Recommendation 2014-5, 
Retrospective Review of Agency Rules, 79 FR 75114 (Dec. 17, 2014).
    \8\ Admin. Conf. of the U.S., Recommendation 2020-1, Rules on 
Rulemakings, 86 FR 6613 (Jan. 22, 2021).
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    Agencies have adopted a variety of approaches to consulting with 
State, local, and Tribal governments, and there is still more that can 
be learned from a comprehensive study of agency consultation practices. 
To that end, ACUS is undertaking a project to examine when and how 
agencies consult with State, local, and Tribal officials on regulatory 
policymaking. Among other topics, the project will address agency 
policies and procedures for consulting with State, local, and Tribal 
governments; agencies' approaches to identifying and engaging with 
appropriate State, local, and Tribal officials; methods for utilizing 
feedback from State, local, and Tribal governments in agency decision 
making; and common issues and challenges that agencies face in 
developing and implementing accountable processes for consultation.

Specific Topics for Public Comment

    ACUS welcomes views, information, and data on all aspects of 
strategies that agencies are using or might use to consult with State, 
local, and/or Tribal governments when they engage in regulatory 
policymaking. ACUS also seeks specific feedback on the following 
questions related to agencies' consultation efforts:
    1. What has been your experience regarding consultations with a 
Federal agency engaging in regulatory policymaking? For example, if you 
are (or were) a State, local, or Tribal government official, was any 
portion of the process especially easy or particularly difficult? Do 
you have specific suggestions for increasing the effectiveness of 
consultations in regulatory policymaking?
    2. If you have been involved in a consultation, how often are (or 
were) you contacted by Federal agencies to consult on a particular 
regulatory policy? How often do (or did) you contact Federal agencies 
to request a consultation on a given regulatory policy? What was your 
experience with requesting a consultation? What tasks do (or did) you 
undertake as part of the consultation effort? At what stage in the 
regulatory policymaking process were you consulted by a Federal agency? 
In your experience, was that consultation timed too early, 
appropriately, or too late?
    3. If you have been involved in a consultation, how did you feel 
your feedback during the consultation process was used by Federal 
agencies? Were you satisfied with how your input was used? Why or why 
not? Do you recall whether the Federal agency explained to you how they 
incorporated your feedback into the regulatory policymaking process? Do 
you have specific suggestions for incorporating feedback into the 
regulatory policymaking process?
    4. In your experience, are there certain types of information that 
may be useful to share during consultation but which you may not want 
to disclose, for example confidential or culturally sensitive 
information? If so, do you have any specific recommendations for how 
Federal Government agencies can best manage this information as it 
considers a regulatory policy that may have federalism or Tribal 
implications?
    5. In your experience, how easy or difficult was it to locate the 
appropriate agency official with responsibility for State, local, or 
Tribal government matters when seeking to or engaging in consultation 
efforts? How, if at all, did this impact consultation efforts? Do you 
have any specific recommendations to facilitate communication among 
Federal, State, local, and Tribal government officials for 
consultations on regulatory policymaking?
    6. If you are familiar with agency policies on State, local, or 
Tribal government consultation, what are your thoughts on such 
policies?
    7. In your experience, what makes a consultation successful? What 
makes a consultation unsuccessful? Do you have any specific 
recommendations on reducing barriers to effective and meaningful 
consultation among and between Federal, State, local, and Tribal 
government officials?
    8. In your opinion, what role can State, local, and government 
officials play to facilitate consultation, and how should Federal 
Government agencies encourage such actions, if at all?

    Dated: December 12, 2024.
Shawne C. McGibbon,
General Counsel.
[FR Doc. 2024-29931 Filed 12-17-24; 8:45 am]
BILLING CODE 6110-01-P
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