Joint Tribal and Federal Self-Governance 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 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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