[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8806-8807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3622]




[[Page 8805]]

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Part IV





Department of the Interior





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Office of the Secretary



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25 CFR Chapter VI



Joint Tribal and Federal Self-Governance Negotiated Rulemaking; 
Proposed Rule

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

DEPARTMENT OF THE INTERIOR

Office of the Secretary

25 CFR Chapter VI


Joint Tribal and Federal Self-Governance Negotiated Rulemaking 
Committee

AGENCY: Office of Self-Governance, Office of the Secretary.

ACTION: Notice of intent to establish negotiated rulemaking committee.

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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 Self-Governance 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 Self-
Governance 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 non-Self-Governance tribes.

DATES: Written comments concerning this notice must be received on or 
before March 17, 1995. Nominations from non-Self-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 Self-Governance 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 above-referenced 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 [[Page 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 Self-Governance tribes. In a 
letter to the Secretary on November 1, 1994, the Self-Governance tribes 
nominated the following persons:

Rhonda Swaney--(Salish & Kootenai-Flathead)
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-Self-Governance 
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 non-Self-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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