Self-Governance PROGRESS Act Negotiated Rulemaking Committee Establishment

AGENCY:

Bureau of Indian Affairs, Interior.

ACTION:

Notice of establishment.

SUMMARY:

The Department of the Interior (DOI) is establishing the Self-Governance PROGRESS Act Negotiated Rulemaking Committee (Committee). The Committee will negotiate and advise the Secretary of the Interior (Secretary) on a proposed rule to implement the Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019 (PROGRESS Act).

FOR FURTHER INFORMATION CONTACT:

Ms. Vickie Hanvey, Designated Federal Officer; telephone: (918) 931-0745; email: Vickie.hanvey@bia.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On October 21, 2020, the PROGRESS Act was signed into law. See Public Law 116-180. The PROGRESS Act amends subchapter I of the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301 et seq., which addresses Indian Self-Determination, and subchapter IV of the ISDEAA, which addresses DOI's Tribal Self-Governance Program. The PROGRESS Act calls for a negotiated rulemaking committee to be established under 5 U.S.C. 565, with membership consisting only of representatives of Federal and Tribal governments, with the Office of Self-Governance serving as the lead agency for the DOI. The PROGRESS 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 Indian Tribes.

On February 1, 2021, a notice in the Federal Register (86 FR 7656) announced the DOI's intent to form the negotiated rulemaking committee under the PROGRESS Act. On November 23, 2021, a notice in the Federal Register (86 FR 66491) announced the proposed membership. The Committee will negotiate and advise the Secretary on a proposed rule to implement the Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019 (PROGRESS Act). The November 23, 2021, notice discussed the issues to be negotiated and the interest group representatives proposed as members of the Committee. The Secretary received additional proposed nominations in response to the notice and considered the nominations based on the qualifications outlined in the notice for approval. The nominees were approved to join the Committee and are included in this Federal Register notice.

The purpose of the Committee is to serve as an advisory committee under the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), and the Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq. ). The Committee will use a negotiated rulemaking process to develop regulations for implementation of the PROGRESS Act to amend, delete, and add provisions to the existing regulations at 25 CFR part 1000 Annual Funding Agreements Under the Tribal Self-Government Act Amendments to the Indian Self-Determination and Education Act, which addresses Tribal Self-Governance compacts. All open public meetings will be published in future Federal Register notice.

II. Committee Membership

The Committee will be formed in full compliance with the requirements of the NRA, FACA, and the PROGRESS Act. The Secretary appoints the following seven primary Tribal representatives to the Committee.

The Secretary appoints the following seven alternate Tribal representatives:

The Secretary appoints the following six primary Federal representatives:

The Secretary appoints the following six alternate Federal representatives:

III. Public Disclosure of Comments

Written comments may be sent to the Designated Federal Officer listed in the FOR FURTHER INFORMATION CONTACT section above. 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 in your comment that DOI withhold your personal identifying information from public review, DOI cannot guarantee that it will be able to do so.

IV. Authority

This notice is published in accordance with the NRA, FACA, and the PROGRESS Act.