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[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Pages 37351-37353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13262]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[FR-6289-N-03]

Notice of Intent To Establish a Tribal Intergovernmental Advisory 
Committee; Request for Comments on Committee Structure

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

ACTION: Notice.

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SUMMARY: This notice announces HUD's intention to form the Department's 
first standing Tribal advisory committee. The committee will be called 
the `Tribal Intergovernmental Advisory Committee' (TIAC). This notice 
also solicits comments and recommendations regarding the establishment 
and structure of the TIAC. The TIAC will be made up of a diverse group 
of duly elected Tribal leaders representing small, medium, and large 
federally recognized Tribes. The TIAC is intended to further 
communications between HUD and federally recognized Tribes on HUD 
programs, make recommendations to HUD regarding current program 
regulations, provide advice in the development of HUD's American Indian 
and Alaska Native (AIAN) housing priorities, and encourage peer 
learning and capacity building among Tribes and non-Tribal entities. 
Consistent with HUD's Tribal Government-to-Government Consultation 
Policy, this notice solicits input on the proposed structure of the 
TIAC.

DATES: Comments on the proposed structure of the TIAC are due on or 
before: August 22, 2022.

ADDRESSES: Interested persons are invited to submit comments on the 
structure of the TIAC. Comments may be submitted to HUD electronically. 
All submissions must refer to the above docket number and title.
    Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. Electronic submission allows the maximum time to 
prepare and submit comments, ensures timely receipt by HUD, and enables 
HUD to make them immediately available to the public. Comments 
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 comments.

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

    No Facsimile Comments. Facsimile (FAX) comments will not be 
accepted.
    Public Inspection of Comments. All properly submitted comments 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 above 
address. 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 Seventh 
Street SW, Room 4108, Washington, DC 20410-5000, telephone (202) 402-
7598 (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 respected by conducting open and candid 
consultations.
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    \1\ Executive Order 13175, 65 FR 67249 (November 9, 2000).
    \2\ Tribal Government-to-Government Consultation Policy, 81 FR 
40893 (June 23, 2016).

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[[Page 37352]]

    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.
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    \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).
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    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 strength their Tribal consultation policies and practices 
and to further the purposes of Executive Order 13175.
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    \5\ The memorandum was published in the Federal Register on 
January 29, 2021 (86 FR 7491).
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    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. 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.
    Prior to HUD's establishment of the TIAC, this notice solicits 
input into the structure of the committee.

II. Proposed Structure of the TIAC

    To assist commenters with their review and to help them provide 
feedback, HUD is providing the following as an example of how the TIAC 
may be structured. HUD is requesting comments on the following proposed 
structure of the TIAC and is open to any additional recommendation on 
how the TIAC may be constituted and how it should operate. Comments on 
the structure of the TIAC are due on or before: August 22, 2022.

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 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 for 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 
leaders. 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 member's cost to travel to these meetings. The TIAC may 
meet on a more frequent basis virtually, 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 members or their 
alternates. Alternates must be designated in writing by the member's 
Tribal government to act on their behalf. TIAC members may bring one 
technical advisor to the meeting at their expense. The technical 
advisor can advise the member but cannot speak in the member's place. 
Meeting minutes will be available on the HUD website, and, depending on 
the circumstances, public and Tribal comments may be requested.

D. TIAC Membership

    The TIAC will be comprised of HUD representatives and Tribal 
delegates 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 delegates. Up to two Tribal 
delegates will represent each of the six HUD ONAP regions. Up to three 
remaining Tribal delegates will serve at-large. Only duly elected or 
appointed Tribal leaders may serve as TIAC delegates or alternates of 
the TIAC. The Secretary of HUD will appoint the HUD representatives of 
the TIAC. TIAC Tribal delegates will serve a term of two years. To 
ensure consistency between Tribal terms, delegates will have a 
staggered term of appointment. In order to establish a staggered term 
of appointment, half of the Tribal delegates appointed in the inaugural 
year of the TIAC will serve two years and the other half will serve 
three years. Tribal delegates must designate their preference to serve 
two or three years; however, HUD will make the final determination on 
which Tribal delegates will serve two or three years. Once these Tribal 
delegates complete these initial terms, future Tribal delegates will 
serve terms that last two years. Should a delegate's tenure as a Tribal 
leader come to an end during their appointment to the TIAC, the 
delegate'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-

[[Page 37353]]

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.

Heidi J. Frechette,
Deputy Assistant Secretary for Native American Programs, Office of 
Public and Indian Housing.
[FR Doc. 2022-13262 Filed 6-21-22; 8:45 am]
BILLING CODE 4210-67-P
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