[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42871-42873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16699]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[212A2100DD/AAKC001030/A0A501010.999900 253G]


Not Invisible Act Joint Commission on Reducing Violent Crime 
Against Indians

AGENCY: Office of the Assistant Secretary--Indian Affairs, Interior.

ACTION: Notice of call for nominations and request for comments for 
non-Federal Commission members.

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SUMMARY: This notice requests public nominations for the U.S. 
Department of the Interior (DOI)'s Joint Commission on Reducing Violent 
Crime Against Indians (Commission) as outlined in Section 4 of the Not 
Invisible Act of 2019. The Commission will develop recommendations for 
the Secretary of the Interior (Secretary) and the Attorney General on 
actions the Federal Government can take to increase intergovernmental 
coordination to identify and combat violent crime on Indian lands and 
against Indians. The DOI is soliciting comments and nominations for 
qualified individuals to serve as non-Federal Commission members.

DATES: Comments and nominations for non-Federal Commission members must 
be submitted no later than September 20, 2021.

ADDRESSES: Send written comments and nominations to Regina Gilbert, by 
any of the following methods:
    <bullet> Preferred method Email to: <a href="/cdn-cgi/l/email-protection#53303c3d20263f2732273a3c3d13313a327d343c25"><span class="__cf_email__" data-cfemail="93f0fcfde0e6ffe7f2e7fafcfdd3f1faf2bdf4fce5">[email protected]</span></a>;
    <bullet> Mail, hand-carry or use an overnight courier service to: 
Attn. Jason O'Neal, Director, Office of Justice Services U.S. 
Department of the Interior, Bureau of Indian Affairs, 1849 C Street NW, 
MS-3662-MIB, Washington, DC 20240.
    Information is also available at www.bia.gov/as-ia/nia.

FOR FURTHER INFORMATION CONTACT: Please email inquiries to 
<a href="/cdn-cgi/l/email-protection#0f476a666b66505b606b6e6c676a6a616a4f66607c216b606621686079"><span class="__cf_email__" data-cfemail="a9e1ccc0cdc0f6fdc6cdc8cac1ccccc7cce9c0c6da87cdc6c087cec6df">[email protected]</span></a>; and please add the following language in 
the subject line: ``Inquiry re NIAC fr [add org/tribe/name here]''.

SUPPLEMENTARY INFORMATION:

I. Background

    Congress enacted the Not Invisible Act of 2019 (Act), Public Law 
116-166, 134 Stat. 766 (2020), to increase intergovernmental 
coordination to identify and combat violent crime within Indian lands 
and against Indians. Section 4 of the Act requires that the Secretary 
of the Interior (Secretary), in coordination with the United States 
Attorney General, establish and appoint commission members (both 
Federal and non-Federal) to a Joint Commission on Reducing Violent 
Crime Against Indians (Commission) to develop recommendations on 
actions the Federal Government can take to identify, coordinate, and 
combat violent crime on Indian lands and against Indians.
    There are many Federal programs tasked with addressing violent 
crime. However, the agencies that operate these programs do not have an 
overarching strategy to properly deploy these resources in Indian 
Country and urban Indian communities. Program implementation often 
takes place without considering the unique needs of Native communities 
in this context. The Act addresses these concerns by providing an 
opportunity for the Federal Government to improve its efforts to combat 
the growing crisis of murder, trafficking, and the disappearance of 
Indigenous men and women.

II. Work of the Commission

    Section 4(c)(2)(A) of the Act requires the Commission to develop 
recommendations on actions the Federal Government can take to help 
combat violent crime and within Indian lands and of Indians, including 
recommendations for:
    (i) Identifying, reporting, and responding to instances of missing 
persons, murder, and human trafficking on Indian lands and of Indians;
    (ii) legislative and administrative changes necessary to use 
programs, properties, or other resources funded or operated by the DOI 
and Department of Justice to combat the crisis of missing or murdered 
Indians and human trafficking on Indian lands and of Indians;

[[Page 42872]]

    (iii) tracking and reporting data on instances of missing persons, 
murder, and human trafficking on Indian lands and of Indians;
    (iv) addressing staff shortages and open positions within relevant 
law enforcement agencies, including issues related to the hiring and 
retention of law enforcement officers;
    (v) coordinating Tribal, State, and Federal resources to increase 
prosecution of murder and human trafficking offenses on Indian lands 
and of Indians; and
    (vi) increasing information sharing with Tribal governments on 
violent crime investigations and prosecutions in Indian lands that were 
terminated or declined.
    The Act requires the Commission to submit all recommendations to 
the Secretary of the Interior, the Attorney General, the Senate 
Committees on the Judiciary and on Indian Affairs, the House Committees 
on the Judiciary and on Natural Resources and make their 
recommendations publicly available. For more information see https://www.bia.gov/as-ia/nia.

III. Commission Membership, Responsibilities and Criteria

A. Commission Membership

    In accordance with the Act, the Commission is exempt from the 
Federal Advisory Committee Act (FACA) requirements.
    The Secretary will coordinate with the Attorney General to 
establish the Commission and appoint members. The Commission must be 
composed of a minimum of 27 qualified Federal and non-Federal members 
who represent diverse experiences, backgrounds, geography, and Tribes 
of diverse sizes who are able to provide balanced points of view on the 
duties of the Commission. The Secretary is seeking non-Federal 
nominations for representatives to serve on the Commission who 
represent one or more of the interests in Section C and who fulfill the 
additional skills and expertise listed in the same section.
    In making membership decisions, the Secretary will consider whether 
the interest represented by a nominee will be affected significantly by 
the final products of the Commission, which may include report(s) and/
or proposed recommendations; whether that interest is already 
adequately represented by other nominees; and whether the potential 
addition would adequately represent that interest.
    Federally registered lobbyists are ineligible to serve on all FACA 
and non-FACA boards, committees, or councils in an individual capacity. 
The term ``individual capacity'' refers to individuals who are 
appointed to exercise their own individual best judgment on behalf of 
the government, such as when they are designated Special Government 
Employees, rather than being appointed to represent a particular 
interest.

B. Commission Member Responsibilities

    The Commission is expected to meet approximately 3-5 times and each 
meeting is expected to last multiple hours for a consecutive 2-3 days 
each. The initial meeting may be held by teleconference and/or web 
conference; later meetings may be held either virtually or in person, 
or a mixture of both. Between meetings, Commission members are expected 
to participate in work group or subcommittee work via conference call, 
email and/or virtually. The Commission's work is expected to occur over 
the course of 18 months as identified in the Act. The Commission may 
hold hearings, meet and act at times and places, take testimony, and 
receive evidence as the Commission considers to be advisable to carry 
out its duties.
    Because of the scope and complexity of the tasks at hand, 
Commission members must be able to invest considerable time and effort 
in the process. Commission members must be able to attend all 
Commission meetings, hearings, work on Commission work groups, consult 
with their constituencies between Commission meetings, and negotiate in 
good faith toward a consensus on issues before the Commission. Because 
of the complexity of the issues under consideration, as well as the 
need for continuity, the Secretary reserves the right to replace any 
member who is unable to participate in the Commission's meetings, 
hearings, and work group meetings with an alternate member.
    The DOI commits to pay the reasonable travel and per diem expenses 
of Commission members, if appropriate, to attend in-person meetings and 
hearings.

C. Membership Criteria

    Prospective members need to have a strong capacity for teamwork, 
tracking relevant Federal Government programs and policy making 
procedures, and coordinating with and acting on behalf of the entity 
they represent. Prospective members should demonstrate relevant 
expertise, and a commitment and motivation to address the issues 
related to missing, murdered and human trafficking of Indians, 
especially at the local level. Because of the significant time 
commitment for this Commission, nominees should not be a current member 
of an existing Commission, Task Force, or Advisory Group on a similar 
or related topic.
    Non-Federal members of the Commission are comprised of the 
categories below. Specific criteria for each category are provided.

------------------------------------------------------------------------
           Category                             Criteria
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Tribal law enforcement.......
                               <bullet> Work for a Tribe that has
                                experience in missing, murdered or human
                                trafficking with or without a Tribal
                                resolution.
                               <bullet> Demonstrated understanding of
                                the procedural requirements to
                                investigate missing and murder [cases]
                                e.g., how and when to interview, and
                                report writing.
                               <bullet> Demonstrated experience in
                                gathering and preserving evidence in
                                missing persons cases.
                               <bullet> Demonstrated experience working
                                with FBI or local law enforcement on
                                missing persons cases.
State and local law            <bullet> In close proximity to Indian
 enforcement.                   lands.
                               <bullet> A letter of recommendation from
                                a local Indian Tribe.
                               <bullet> Be from State, county, or local
                                law enforcement with cross-deputization
                                experience working with local Tribe(s).
                               <bullet> Nominees in this category should
                                represent a mix of people from P.L. 280
                                states and from non-P.L. 280 states.
Tribal judge.................  <bullet> Experience in cases related to
                                missing persons, murder, or trafficking.
                               <bullet> Experience working with
                                culturally relevant wellness and/or
                                family courts and/or victim services.

[[Page 42873]]

 
                               <bullet> Demonstrate thought processes
                                that explore the implications of their
                                decisions on the families and/or reflect
                                the cultural relevance and complexity of
                                the issues before ruling.
Not fewer than 3 Indian        <bullet> Diverse geographic locations.
 Tribes including 1 Indian      Including urban and rural representation
 Tribe in Alaska.               (including Alaska).
                               <bullet> Selected from nominations
                                submitted by the Indian Tribe.
                               <bullet> Demonstrated substantive
                                expertise in the issues.
                               <bullet> Nominees in this category should
                                be a mix of elected tribal leadership,
                                council members, social services, victim
                                services, wellness and/or family courts.
Not fewer than 2 health care   <bullet> Letter of recommendation from a
 and mental health              local Tribal chair or Tribal law
 practitioners with             enforcement officer.
 experience working with
 Indian survivors of
 trafficking and sexual
 assault..
                               <bullet> Demonstrate an understanding of
                                the importance of cultural relevancy.
                               <bullet> Demonstrate an understanding of
                                the Indian Health Service, or clinical
                                health services on tribal lands.
Not fewer than 3 national,     <bullet> National, regional, or urban
 regional, or urban Indian      organization.
 organizations focused on
 violence against women and
 children on Indian lands or
 against Indians.
                               <bullet> Have established track record
                                with a history of funding e.g., existed
                                for 10 years or longer.
At least 2 Indian survivors    <bullet> A letter from an individual or
 of human trafficking.          entity who can validate they are
                                survivors.
                               <bullet> A letter from a federally
                                recognized Tribe is a plus but not
                                required.
                               <bullet> Nominees in this category should
                                be geographically diverse including
                                urban/rural diversity.
At least 2 family members of   <bullet> A letter from an individual or
 missing Indian people.         entity who can validate they have a
                                missing family member.
                               <bullet> A letter from a federally
                                recognized Tribe is a plus but not
                                required.
                               <bullet> Nominees in this category should
                                be geographically diverse including
                                urban/rural diversity.
At least 2 family members of   <bullet> A letter from an individual or
 murdered Indian people.        entity who can validate they have a
                                murdered family member.
                               <bullet> A letter from a federally
                                recognized Tribe is a plus but not
                                required.
                               <bullet> Nominees in this category should
                                be geographically diverse including
                                urban/rural diversity.
------------------------------------------------------------------------

IV. Call for Non-Federal Commission Member Nominations

    Under Section 4, the Act requires that the Commission be comprised 
of only Federal and non-Federal representatives. Specifically, 
nominations for non-Federal primary members who can fulfill the 
obligations of membership that are listed above are requested. 
Qualified alternate members will be identified from this pool of 
nominees.
    The Secretary, in coordination with the Attorney General, will 
consider non-Federal employee nominations for representatives only if 
they are nominated through the process identified in this notice. The 
Secretary will not consider any nominations that are received in any 
other manner. The Secretary will not consider nominations for Federal 
representatives; only the Secretary, in coordination with the Attorney 
General, may appoint Federal employees to the Commission.
    Nominations must include the following information about each 
nominee:
    1. The nominee's name, contact information, geographic location, 
and Tribal affiliation.
    2. A resume that describes the nominees' qualifications for 
specific membership category(ies). Please refer to the membership 
criteria stated in this notice.
    3. A personal statement of the reasons why the nominee wants to 
serve on the Commission including examples of work or professional 
experience at the local, Tribal or urban community level, and/or 
regionally, nationally.
    4. A statement committing to the time to contribute meaningfully to 
Commission deliberations including work groups.
    5. Any additional comments, including culturally relevant skills 
and personal experience, that could help contribute to the Commission's 
deliberations.
    6. Where specified in the membership criteria, one or more letters 
of recommendation.
    To be considered, nominations must be received by the close of 
business on the date listed in the DATES section, at the location 
indicated in the ADDRESSES section.

V. Comments

    You may submit your comments by any one of the methods listed in 
the ADDRESSES section of this notice. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask the Department in your comment 
to withhold your personal identifying information from public view, the 
Department cannot guarantee that we will be able to do so.

Bryan Newland,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2021-16699 Filed 8-4-21; 8:45 am]
BILLING CODE 4337-15-P


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