8806 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Office of the Secretary

25 CFR Chapter VI

Joint Tribal and Federal SelfGovernance Negotiated Rulemaking

Committee

AGENCY: Office of Self-Governance,

Office of the Secretary.

ACTION: Notice of intent to establish

negotiated rulemaking committee.

SUMMARY: As required by the Negotiated

Rulemaking Act of 1990, the

Department of the Interior (DOI) is

giving notice of the intent to establish a

Joint Tribal and Federal SelfGovernance Negotiated Rulemaking

Committee (Committee) to negotiate and

develop a proposed rule implementing

the Tribal Self-Governance Act of 1994.

DOI 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 Tribal SelfGovernance Act. In addition, DOI

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. In

particular, DOI seeks to add four

members to the committee from nonSelf-Governance tribes.

DATES: Written comments concerning

this notice must be received on or before

March 17, 1995. Nominations from nonSelf-Governance tribes and other

interested parties may be made by

submitting applications on or before

March 17, 1995. Each application must

contain the information described in the

‘‘Application for Membership’’ section

below.

ADDRESSES: Please submit comments

and applications to: William A. Sinclair,

Office of Self-Governance, U.S.

Department of the Interior, MS 2548–

MIB, 1849 C Street NW., Washington,

D.C. 20240. Comments and applications

received will be available for inspection

at the address listed above from 9:00

a.m. to 3:00 p.m., Monday through

Friday.

FOR FURTHER INFORMATION CONTACT:

William A. Sinclair, Acting Director,

Office of Self-Governance, Office of the

Secretary, at the address listed above, or

by telephone at (202) 219–0240.

SUPPLEMENTARY INFORMATION: The Tribal

Self-Governance Act of 1994, Public

Law 103–413 (Act), requires the

Secretary, upon request of a majority of

the Self-Governance tribes, to initiate

procedures under the Negotiated

Rulemaking Act, 5 U.S.C. 561, et seq., in

order to negotiate and promulgate the

regulations necessary to carry out the

Self-Governance Program. The Act calls

for a negotiated rulemaking committee

to be established pursuant to 5 U.S.C.

565 comprised of federal and tribal

representatives, with a majority of the

tribal representatives representing SelfGovernance tribes. 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 the Indian tribes. On November 1,

1994, a majority of the self-governance

tribes wrote the Secretary requesting the

immediate initiation of negotiated

rulemaking.

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, 5 U.S.C. Appendix

(1988) (FACA).

Scope of the Proposed Rule

The proposed rule generally will

include provisions governing how DOI

carries out its responsibility to tribes

under the Act and how tribes carry out

their responsibility under the Act. The

provisions will include procedural

(information and deadline) and

substantive (residual funds retained)

requirements governing how DOI

conducts negotiations with tribes. The

rule will also set forth a definition of

stable base budgets and timelines for the

transfer of these and other funds to

tribes. The provisions will govern how

additional tribes are accepted into the

Self-Governance Program planning and

negotiation process and how DOI

awards planning and negotiation grants.

The rule will set forth how DOI will

process regulation waiver requests from

tribes, establish an ongoing process for

determining and negotiating tribal

shares of BIA and eligible non-BIA

programs, set up mechanisms to review

tribal trust functions, and establish

retrocession procedures for programs or

portions of programs under the Act if

there is imminent jeopardy to a physical

trust asset or to public health or safety.

The provisions will include procedures

for the Secretary to ensure that proper

health and safety standards are provided

for in construction projects included in

annual funding agreements. The rule

will establish reporting requirements of

tribes and DOI under the Act and a

mechanism for negotiating the inclusion

of specific provisions of the Office of

Federal Procurement and Policy Act and

Federal acquisition regulations into

annual funding agreements.

It is anticipated that the negotiated

rulemaking committee will develop

proposed regulations in all of the abovereferenced areas and 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(l) of the Indian Self Determination and

Education Assistance Act, and

individual tribal members, including

owners of allotted Indian lands.

Proposed Agenda and Schedule for

Publication of Proposed Rule

It is the Secretary’s intent to publish

the proposed rule for notice and

comment within 12 months of the

establishment of the committee.

Consequently, the Joint Tribal and

Federal Self-Governance Negotiated

Rulemaking Committee shall terminate

12 months after the date the charter is

filed or upon publication of a final rule

implementing the Act, whichever

occurs first. The charter for the

negotiations committee specifies 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 to accelerate discussions and

decisions in order that the 12 month

time period will be met. Following this

first meeting, the Department will

publish in the Federal Register the

procedures, deadlines, and a schedule

of negotiation committee meetings.

Negotiation 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
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules 8807

interests represented unless the

committee agrees to define such term to

mean general but not unanimous

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. DOI, 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 any time. If this happens, the

remaining committee members will

evaluate whether the committee should

continue or be reconstituted.

Meetings will be held in the

Washington area, or in another location,

at the convenience of the committee.

DOI 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, DOI will keep a

record of all committee meetings.

Administrative Support

The Office of 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 SelfGovernance tribes. In a letter to the

Secretary on November 1, 1994, the

Self-Governance tribes nominated the

following persons:

Rhonda Swaney—(Salish & KootenaiFlathead)

Ron Allen—(Jamestown S’Klallam)

Loretta Bullard—(Kawerak)

Dale Risling—(Hoopa)

Bernida Churchill—(Mille Lacs)

Lindsey Manning—(Duck Valley

Shoshone Paiute)

Merle Boyd—(Sac & Fox)

The Secretary has determined that the

individuals listed above shall represent

the Self-Governance Tribes. In order to

comply with the Act the federal

representatives will be comprised of two

individuals and that there will be four

representatives from non-SelfGovernance tribes, for a total of thirteen

committee members. The federal

representatives shall consist of a Special

Assistant to the Secretary and the

Deputy Assistant Secretary for Indian

Affairs. The representatives of the nonSelf-Governance tribes will be selected

by the Assistant Secretary-Indian Affairs

from the nominations received under

this notice.

Application for Membership

Non-Self-Governance tribes may

nominate tribal leaders to fill the four

designated positions on the Joint Tribal

and Federal Self-Governance Negotiated

Rulemaking Committee. Each

nomination shall include:

1. The 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 Assistant Secretary-Indian Affairs

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.

Dated: February 6, 1995.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–3622 Filed 2–14–95; 8:45 am]

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