Self-Governance PROGRESS Act Negotiated Rulemaking Committee Establishment; Nominations, 7656-7659 [2021-01149]
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7656
Proposed Rules
Federal Register
Vol. 86, No. 19
Monday, February 1, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF LABOR
Employment and Training
Administration
[DOL Docket No. ETA–2020–0006]
RIN 1205–AC00
Strengthening Wage Protections for
the Temporary and Permanent
Employment of Certain Aliens in the
United States: Proposed Delay of
Effective Date
Employment and Training
Administration, Department of Labor.
ACTION: Proposed delay of effective date;
request for comments.
In accordance with the
Presidential directive as expressed in
the memorandum of January 20, 2021,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
Freeze Pending Review,’’ this action
proposes, following a 15 day comment
period, to further delay until May 14,
2021, the effective date of the rule
entitled Strengthening Wage Protections
for the Temporary and Permanent
Employment of Certain Aliens in the
United States, published in the Federal
Register on January 14, 2021. The
current effective date is March 15, 2021.
This proposed delay of 60 days will
allow agency officials the opportunity to
review any questions of fact, law, or
policy the rule may raise.
DATES: The Department invites written
comments on the proposed delayed
effective date from interested parties.
Written comments must be received by
(postmarked, sent, or received) by
February 16, 2021.
ADDRESSES: You may submit written
comments electronically by the
following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Instructions. Include the docket
number ETA–2020–0006 in your
comments. All comments received will
be posted without change to https://
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proposal to extend the effective date by
60 days to May 14, 2021.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2021–02090 Filed 1–27–21; 4:15 pm]
Brian Pasternak, Administrator, Office
of Foreign Labor Certification,
Employment and Training
Administration, Department of Labor,
200 Constitution Avenue NW, Room N–
5311, Washington, DC 20210, telephone:
(202) 693–8200 (this is not a toll-free
number). Individuals with hearing or
speech impairments may access the
telephone numbers above via TTY/TDD
by calling the toll-free Federal
Information Relay Service at 1 (877)
889–5627.
SUPPLEMENTARY INFORMATION:
AGENCY:
SUMMARY:
www.regulations.gov. Please do not
include any personally identifiable or
confidential business information you
do not want publicly disclosed.
The Employment and Training
Administration (ETA) published a final
rule entitled Strengthening Wage
Protections for the Temporary and
Permanent Employment of Certain
Aliens in the United States on January
14, 2021 (86 FR 3608). The Agency
bases this action on the Presidential
directive as expressed in the
memorandum of January 20, 2021, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review.’’ The Memorandum
directs agencies to consider delaying the
effective date for regulations for the
purpose of reviewing questions of fact,
law, and policy raised therein.
Therefore, in accordance with the
Memorandum, ETA proposes to delay
the effective date for the rule entitled
‘‘Strengthening Wage Protections for the
Temporary and Permanent Employment
of Certain Aliens in the United States’’
to May 14, 2021. Given the complexity
of this regulation, ETA has determined
that a 60-day extension of the effective
date is necessary to provide adequate
time to review this regulation. The
proposed extension of the effective date
will not affect the compliance dates of
the rule.
ETA seeks comment on the proposed
delay, including the proposed delay’s
impact on any legal, factual, or policy
issues raised by the underlying rule and
whether further review of those issues
warrants such a delay. All other
comments on the underlying rule will
be considered to be outside the scope of
this rulemaking. ETA therefore seeks
comment by February 16, 2021 on its
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Nancy Rooney,
Deputy Assistant Secretary.
BILLING CODE 4510–FP–P
DEPARTMENT OF THE INTERIOR
Office of the Assistant Secretary Indian
Affairs
25 CFR Part 1000
[212A2100DD/AAKC001030/
A0A501010.999900 253G]
Self-Governance PROGRESS Act
Negotiated Rulemaking Committee
Establishment; Nominations
Office of the Assistant
Secretary—Indian Affairs, Interior.
ACTION: Notice of intent to establish
committee; request for nominations.
AGENCY:
The U.S. Department of the
Interior (DOI) is announcing its intent to
establish a Self-Governance PROGRESS
Act Negotiated Rulemaking Committee
(Committee) to 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 SelfGovernance and Self-Determination for
Indian Tribes Act of 2019 (PROGRESS
Act). The DOI is soliciting comments on
its proposal to form a negotiated
rulemaking committee; and invites
nominations for Committee members
who will adequately represent the
interests that are likely to be
significantly affected by the proposed
rule.
SUMMARY:
Comments regarding the intent
to establish this Committee and
nominations for Committee members
must be submitted no later than March
3, 2021.
ADDRESSES: Send written comments and
nominations to Ms. Vickie Hanvey, by
any of the following methods:
• (Preferred method) Email to:
consultation@bia.gov;
• Mail, hand-carry or use an
overnight courier service to Ms. Vickie
Hanvey, Office of Self-Governance,
Office of the Assistant Secretary—
Indian Affairs, 1849 C Street NW, Mail
Stop 4660, Washington, DC 20240.
DATES:
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
Ms.
Vickie Hanvey, Program Policy Analyst,
Office of Self-Governance, Office of the
Assistant Secretary—Indian Affairs;
telephone: (918) 931–0745; email:
Vickie.hanvey@bia.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 SelfDetermination 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.
This notice is published in
accordance with the Negotiated
Rulemaking Act of 1996 (NRA) (5 U.S.C.
561 et seq.); FACA; and the PROGRESS
Act.
II. Scope of the Proposed Rule To Be
Negotiated
The PROGRESS Act requires DOI to
establish the negotiated rulemaking
committee to develop proposed
regulations to implement subchapter IV,
regarding the Self-Governance Program.
See Public Law 116–180, Section 413.
Current regulations implementing the
Self-Governance Program are found at
25 CFR part 1000, Annual Funding
Agreements under the Tribal SelfGovernment Act Amendments to the
Indian Self-Determination and
Education Act. It is anticipated that the
proposed rule will revise those
regulations at 25 CFR part 1000 to
amend, delete, and add provisions as
appropriate to implement the
PROGRESS Act.
III. The Committee and Process for
Negotiated Rulemaking
The Committee will be charged with
developing proposed regulations for the
Secretary’s implementation of the
PROGRESS Act’s provisions regarding
the DOI’s Self-Governance Program. In
negotiated rulemaking, recommended
provisions of a proposed rule are
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developed by a committee composed of
at least one representative of the Federal
Government and representatives of the
interests that will be significantly
affected by the rule. In compliance with
FACA and the NRA, the DOI will use
the following procedures for this
negotiated rulemaking. The DOI may
modify them in response to comments
received on this notice of intent or
during the negotiation process.
A. Committee Formation
The Committee will be formed in full
compliance with the requirements of
FACA and the NRA, and operate in full
compliance with the NRA and the
guidelines of its charter.
B. Composition of Committee
The Secretary is seeking nominations
for representatives to serve on the
Committee who can represent the
interests listed in Section C, and who
have a demonstrated ability to
communicate well with groups about
the interests they will represent. The
Committee membership will consist of
approximately 15, but not more than 25
members in accordance with the NRA.
Tribal Committee membership must:
• Include only representatives of the
interests described below;
• Include representatives with a
demonstrated ability to communicate
well with groups about the interests
they will represent; and
• Include Tribal representatives
appointed by the Secretary that are:
Æ Elected officials of Tribal
governments acting in their official
capacities;
Æ Or their designated employees with
authority to act on their behalf in their
official capacities;
Æ Representative of Tribes with a
geographical balance; and
Æ A majority of whom are
representative of Indian Tribes with
existing self-governance funding
agreements.
• Comply with the FACA.
FACA regulations require the
membership of a FACA committee to be
fairly balanced in its member in terms
of the points of view represented and
the functions to be performed. See 41
CFR 102–3.30. In making membership
decisions, the Secretary will consider
whether the interest represented by a
nominee will be affected significantly
by the final products of the Committee,
which may include report(s) and/or
proposed regulations; whether that
interest is already adequately
represented by nominees; and whether
the potential addition would adequately
represent that interest.
Federally registered lobbyists are
ineligible to serve on all FACA and non-
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FACA boards, committees, or councils
in an individual capacity. The term
‘‘individual capacity’’ refers to
individuals who are appointed to
exercise their own individual best
judgment on behalf of the government,
such as when they are designated
Special Government Employees, rather
than being appointed to represent a
particular interest.
C. Interests Identified
Under Section 562 of the NRA,
‘‘interest’’ means, with respect to an
issue or matter, multiple parties which
have a similar point of view or which
are likely to be affected in a similar
manner. A limited number of
identifiable interests will be
significantly affected by the rule. Those
parties are Indian Tribes and Tribal
organizations as defined in section 4(l)
of the Indian Self-Determination and
Education Assistance Act that are
currently participating in the Tribal
Self-Governance Program and those that
are not currently participating in, but
are interested in participating in Tribal
Self-Governance Program.
The DOI is accepting comments
identifying other interests that may be
significantly affected by the final
products of the Committee, which may
include report(s) and/or proposed
regulations, until the date listed in the
DATES section of this notice of intent.
D. Committee Member Responsibilities
The Committee is expected to meet
approximately 3–5 times and each
meeting is expected to last multiple
hours for a consecutive 2–3 days each.
The initial meeting will be held by
teleconference and/or web conference;
later meetings may be held either
virtually or in person. The Committee’s
work is expected to occur over the
course of 6–12 months, and it is the
Secretary’s intent to publish the
proposed rule for notice and comment
by the statutory deadline of July 21,
2022 (within 18 months of the
anticipated date of the Committee’s
establishment). However, the Committee
may continue its work for up to two
years.
Because of the scope and complexity
of the tasks at hand, Committee
members must be able to invest
considerable time and effort in the
negotiated rulemaking process.
Committee members must be able to
attend all Committee meetings, work on
Committee work groups, consult with
their constituencies between Committee
meetings, and negotiate in good faith
toward a consensus on issues before the
Committee. Because of the complexity
of the issues under consideration, as
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well as the need for continuity, the
Secretary reserves the right to replace
any member who is unable to
participate in the Committee’s meetings.
Under 5 U.S.C. 568(c), members of a
negotiated rulemaking committee are
responsible for their own expenses of
participation in such committee, except
that an Agency may, in accordance with
Section 7(d) of the FACA, pay for a
member’s reasonable travel and per
diem expenses, expenses to obtain
technical assistance, and a reasonable
rate of compensation, if:
• Such member certifies a lack of
adequate financial resources to
participate in the Committee; and
• The agency determines that such
member’s participation in the
Committee is necessary to assure an
adequate representation of the member’s
interest.
The DOI commits to pay the
reasonable travel and per diem expenses
of Committee members, if appropriate,
under the NRA and Federal travel
regulations.
E. Facilitator
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.
F. Administrative and Technical
Support
The DOI will provide sufficient
administrative and technical resources
for the Committee to complete its work
in a timely fashion. The DOI, with the
help of the facilitator, will prepare and
provide a final report of any issues on
which the Committee reaches
consensus.
G. Training and Organization
At the first meeting of the Committee,
a neutral facilitator will provide training
on negotiated rulemaking, interest-based
negotiations, and consensus-building. In
addition, at the first meeting, Committee
members will make organizational
decisions concerning protocols,
scheduling, and facilitation of the
Committee.
H. Committee Meeting Procedures
The members of the Committee, with
the assistance of the facilitator, may
adopt procedures for Committee
meetings.
IV. Request for Nominations to the
Committee
The PROGRESS Act requires that the
Committee be comprised of only Federal
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and Tribal government representatives.
Tribes may nominate Tribal leaders to
serve on the Committee who will
adequately represent the interests that
are likely to be significantly affected by
the proposed rule. Each nomination is
expected to include a nomination for a
primary representative and an alternate
who can fulfill the obligations of
membership should the primary
representative be unable to attend. The
Committee membership should reflect a
diversity of interests, and nominees
should only be of representatives and
alternates who:
• Are elected officials of Tribal
governments (or their designated
employees with authority to act on their
behalf) acting in their official capacities;
and
• Will be able to:
Æ Represent one or more of the
specified interests with the authority to
embody the views of that interest,
communicate with interested
constituents, and have a clear means to
reach agreement on behalf of the
interest(s);
Æ Coordinate, to the extent possible,
with other interests who may not be
represented on the Committee;
Æ Negotiate effectively on behalf of
the interest(s) represented;
Æ Commit the time and effort
required to attend and prepare for
meetings; and
Æ Collaborate among diverse parties
in a consensus-seeking process.
The DOI will consider nominations
for representatives only if they are
nominated through the process
identified in this Notice of Intent. The
DOI will not consider any nominations
that we receive in any other manner.
The DOI will not consider nominations
for Federal representatives; only the
Secretary may nominate Federal
employees to the Committee.
Nominations must include the
following information about each
nominee:
1. A current letter from the governing
body or chairperson of the Tribe
representing one of the interest(s)
identified supporting the nomination of
the individual to serve as a
representative for the Tribe on the
Committee;
2. A resume reflecting the nominee’s
qualifications and experience, to
include the nominee’s name, Tribal
affiliation, job title, major job duties,
employer, business address, business
telephone and fax numbers (and
business email address, if applicable);
3. The interest(s) to be represented by
the nominee (see Section III.C of this
notice) and whether the nominee will
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represent other interest(s) related to this
rulemaking; and
4. A brief description of how the
nominee will represent the views of the
identified interest(s), communicate with
constituents, and have a clear means to
reach agreement on behalf of the
interest(s) they are representing.
5. A statement on whether the
nominee is only representing one
interest or whether the expectation is
that the nominee represents a specific
group of interests.
To be considered, nominations must
be received by the close of business on
the date listed in the DATES section, at
the location indicated in the ADDRESSES
section.
V. Solicitation of Public Comments
Members of the public are invited to
submit comments on this proposal to
establish the Committee.
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 us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
VI. Next Steps
Following the receipt of nominations
and comments, DOI will publish a
second notice in the Federal Register
with a list of persons to represent the
interests that are likely to be
significantly affected by the rule and the
person or persons proposed to represent
the DOI. Persons who will be
significantly affected by the proposed
rule and who believe that their interests
will not be adequately represented by
any person specified in that second
Federal Register notice will be given an
opportunity to apply or nominate
another person for membership on the
Committee to represent such interests
with respect to the proposed rule.
Following the second Federal
Register notice and responses to it, DOI
expects to establish the Committee.
After the Committee reaches consensus
on the recommended provisions of the
proposed rule, as discussed in more
detail below, the DOI will publish a
proposed rule in the Federal Register.
VII. Determination That Negotiated
Rulemaking is in the Public Interest
Under 5 U.S.C. 563, the head of the
agency is required to determine that the
use of the negotiated rulemaking
procedure is in the public interest.
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In making such a determination, the
agency head must consider certain
factors. Taking these factors into
account, the Secretary, through the
authority delegated to the Assistant
Secretary—Indian Affairs, has
determined that a negotiated rulemaking
is in the public interest because:
1. A rule is needed. The PROGRESS
Act directs the Secretary to conduct a
negotiated rulemaking pursuant to the
NRA.
2. A limited number of identifiable
interests will be significantly affected by
the rule.
3. There is a reasonable likelihood
that the Committee can be convened
with a balanced representation of
persons who can adequately represent
the interests discussed in item 2, above,
and who are willing to negotiate in good
faith to attempt to reach a consensus on
provisions of a proposed rule.
4. There is a reasonable likelihood
that the Committee will reach consensus
on a proposed rule within a fixed period
of time.
5. The use of negotiated rulemaking
will not delay the development of a
proposed rule because time limits will
be placed on the negotiation. We
anticipate that these negotiations will
expedite a proposed rule and ultimately
the acceptance of a final rule.
6. The DOI is making a commitment
to ensure that the Committee has
sufficient resources to complete its work
in a timely fashion.
7. The DOI, to the maximum extent
possible and consistent with the legal
obligations of the Agency, will use the
consensus report of the Committee as
the basis for a proposed rule for public
notice and comment.
For the above reasons, I hereby certify
that the Self-Governance PROGRESS
Act Negotiated Rulemaking Committee
is in the public interest.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2021–01149 Filed 1–29–21; 8:45 am]
BILLING CODE 4337–15–P
POSTAL SERVICE
39 CFR Part 20
New Outbound Commercial Provider
Initiative (OCPI) Program Information;
Opportunity for Comments
Postal ServiceTM.
ACTION: Advance notice of proposed
rulemaking; invitation to comment.
AGENCY:
The Postal Service is
providing an advance notification and
introduction to the Outbound
SUMMARY:
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16:45 Jan 29, 2021
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Commercial Provider Initiative (OCPI)
program. This document provides
general information on the OCPI
program, related mailing requirements,
and shipping standards. The Postal
Service is exploring the advisability of
the OCPI program and providing
support to mailers to assure their ability
to adhere to the new OCPI program
guidelines.
DATES: Comments on this advance
notice are due March 3, 2021.
ADDRESSES: Due to the current COVID–
19 pandemic, comments in response to
this document will only be accepted via
email—any comments or
communications sent via fax or mail
will not be accepted.
When sending communication and
comments related to the OCPI program,
the following instructions and
guidelines apply:
• All comments and questions should
be sent to the Manager, International
Products and Major Accounts, Global
Business, at the following email
address: ProductClassification@
usps.gov.
• Communications must also include
the following:
Æ Subject Line: OCPI Program
Advanced Notice Comments
Æ Name of Sender
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
You may inspect and photocopy all
written comments, by appointment
only, at USPS® Headquarters Library,
475 L’Enfant Plaza SW, 11th Floor
North, Washington, DC 20260. These
records are available for review Monday
through Friday, 9 a.m. to 4 p.m., by
calling 202–268–2906.
FOR FURTHER INFORMATION CONTACT:
Frank Cebello, 202–268–8058; or
GlobalBusinessOCPI@usps.gov.
SUPPLEMENTARY INFORMATION: The Postal
Service is providing this notification to
set forth the following general
information and guidelines for the OCPI
program:
1. An overview of the OCPI program
with general information to advise and
notify USPS customers, partners, and
affiliates;
2. Discussion of the countries and
specific products that will be serviced
through the OCPI program; and
3. Specific changes and requirements
associated with the OCPI program,
relating to mail preparation, induction,
and acceptance, such as:
i. Customs Form(s), shipping label(s),
and tag(s),
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ii. New, OCPI-specific Commercial
Invoice, and
iii. Process changes and requirements
related to OCPI service provider
destinations
4. References for advanced
notifications of OCPI program feature
changes.
Overview
The Postal Service expects to
implement these new program service
enhancements on or about March 31,
2021.
As cross-border eCommerce continues
to grow and demand for a variety of
shipping solutions continues, the Postal
Service has encountered a need to
identify alternatives for commercial
shipments going through its
international mail streams. The Postal
Service relies entirely on foreign postal
operators to deliver our customer
packages worldwide, making outbound
shipments subject to several limitations
including shipping rates, transit times,
and scan visibility. The rapidly
expanding eCommerce market coupled
with the increase in competition has
motivated the Postal Service to explore
alternate delivery service channels and
competitive market strategies for
product offerings in order to provide the
services that customers demand, while
remaining competitive in the global
eCommerce market.
The Outbound Commercial Provider
Initiative (OCPI) is a strategic program
designed to help the Postal Service
remain competitive in the cross-border
shipping market, whereby it can
effectively compete with alternative
providers. OCPI also enables the
continuity of service in situations where
issues arise with foreign postal
operators, such as strikes, unfavorable
bilateral negotiations, COVID–19
impacts, or significant service issues.
Creating an alternative channel also
offers opportunities for providing
enhanced service options. Additional
benefits of the OCPI Program include
but are not limited to:
• Offering new services that are
currently unavailable through the postal
channels;
• Improving service delivery times
because of options to deliver products
by commercial suppliers to select
countries; and
• Providing a more enhanced
customer experience, through
advancements in customer service and
package visibility on international
outbound operations.
E:\FR\FM\01FEP1.SGM
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]]>Agencies
- DEPARTMENT OF THE INTERIOR
- Office of the Assistant Secretary Indian Affairs
[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Proposed Rules]
[Pages 7656-7659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01149]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Assistant Secretary Indian Affairs
25 CFR Part 1000
[212A2100DD/AAKC001030/A0A501010.999900 253G]
Self-Governance PROGRESS Act Negotiated Rulemaking Committee
Establishment; Nominations
AGENCY: Office of the Assistant Secretary--Indian Affairs, Interior.
ACTION: Notice of intent to establish committee; request for
nominations.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of the Interior (DOI) is announcing its
intent to establish a Self-Governance PROGRESS Act Negotiated
Rulemaking Committee (Committee) to 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). The DOI is soliciting comments on its proposal to form
a negotiated rulemaking committee; and invites nominations for
Committee members who will adequately represent the interests that are
likely to be significantly affected by the proposed rule.
DATES: Comments regarding the intent to establish this Committee and
nominations for Committee members must be submitted no later than March
3, 2021.
ADDRESSES: Send written comments and nominations to Ms. Vickie Hanvey,
by any of the following methods:
(Preferred method) Email to: [email protected];
Mail, hand-carry or use an overnight courier service to
Ms. Vickie Hanvey, Office of Self-Governance, Office of the Assistant
Secretary--Indian Affairs, 1849 C Street NW, Mail Stop 4660,
Washington, DC 20240.
[[Page 7657]]
FOR FURTHER INFORMATION CONTACT: Ms. Vickie Hanvey, Program Policy
Analyst, Office of Self-Governance, Office of the Assistant Secretary--
Indian Affairs; telephone: (918) 931-0745; email:
[email protected].
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.
This notice is published in accordance with the Negotiated
Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq.); FACA; and the
PROGRESS Act.
II. Scope of the Proposed Rule To Be Negotiated
The PROGRESS Act requires DOI to establish the negotiated
rulemaking committee to develop proposed regulations to implement
subchapter IV, regarding the Self-Governance Program. See Public Law
116-180, Section 413. Current regulations implementing the Self-
Governance Program are found at 25 CFR part 1000, Annual Funding
Agreements under the Tribal Self-Government Act Amendments to the
Indian Self-Determination and Education Act. It is anticipated that the
proposed rule will revise those regulations at 25 CFR part 1000 to
amend, delete, and add provisions as appropriate to implement the
PROGRESS Act.
III. The Committee and Process for Negotiated Rulemaking
The Committee will be charged with developing proposed regulations
for the Secretary's implementation of the PROGRESS Act's provisions
regarding the DOI's Self-Governance Program. In negotiated rulemaking,
recommended provisions of a proposed rule are developed by a committee
composed of at least one representative of the Federal Government and
representatives of the interests that will be significantly affected by
the rule. In compliance with FACA and the NRA, the DOI will use the
following procedures for this negotiated rulemaking. The DOI may modify
them in response to comments received on this notice of intent or
during the negotiation process.
A. Committee Formation
The Committee will be formed in full compliance with the
requirements of FACA and the NRA, and operate in full compliance with
the NRA and the guidelines of its charter.
B. Composition of Committee
The Secretary is seeking nominations for representatives to serve
on the Committee who can represent the interests listed in Section C,
and who have a demonstrated ability to communicate well with groups
about the interests they will represent. The Committee membership will
consist of approximately 15, but not more than 25 members in accordance
with the NRA.
Tribal Committee membership must:
Include only representatives of the interests described
below;
Include representatives with a demonstrated ability to
communicate well with groups about the interests they will represent;
and
Include Tribal representatives appointed by the Secretary
that are:
[cir] Elected officials of Tribal governments acting in their
official capacities;
[cir] Or their designated employees with authority to act on their
behalf in their official capacities;
[cir] Representative of Tribes with a geographical balance; and
[cir] A majority of whom are representative of Indian Tribes with
existing self-governance funding agreements.
Comply with the FACA.
FACA regulations require the membership of a FACA committee to be
fairly balanced in its member in terms of the points of view
represented and the functions to be performed. See 41 CFR 102-3.30. In
making membership decisions, the Secretary will consider whether the
interest represented by a nominee will be affected significantly by the
final products of the Committee, which may include report(s) and/or
proposed regulations; whether that interest is already adequately
represented by nominees; and whether the potential addition would
adequately represent that interest.
Federally registered lobbyists are ineligible to serve on all FACA
and non-FACA boards, committees, or councils in an individual capacity.
The term ``individual capacity'' refers to individuals who are
appointed to exercise their own individual best judgment on behalf of
the government, such as when they are designated Special Government
Employees, rather than being appointed to represent a particular
interest.
C. Interests Identified
Under Section 562 of the NRA, ``interest'' means, with respect to
an issue or matter, multiple parties which have a similar point of view
or which are likely to be affected in a similar manner. A limited
number of identifiable interests will be significantly affected by the
rule. Those parties are Indian Tribes and Tribal organizations as
defined in section 4(l) of the Indian Self-Determination and Education
Assistance Act that are currently participating in the Tribal Self-
Governance Program and those that are not currently participating in,
but are interested in participating in Tribal Self-Governance Program.
The DOI is accepting comments identifying other interests that may
be significantly affected by the final products of the Committee, which
may include report(s) and/or proposed regulations, until the date
listed in the DATES section of this notice of intent.
D. Committee Member Responsibilities
The Committee is expected to meet approximately 3-5 times and each
meeting is expected to last multiple hours for a consecutive 2-3 days
each. The initial meeting will be held by teleconference and/or web
conference; later meetings may be held either virtually or in person.
The Committee's work is expected to occur over the course of 6-12
months, and it is the Secretary's intent to publish the proposed rule
for notice and comment by the statutory deadline of July 21, 2022
(within 18 months of the anticipated date of the Committee's
establishment). However, the Committee may continue its work for up to
two years.
Because of the scope and complexity of the tasks at hand, Committee
members must be able to invest considerable time and effort in the
negotiated rulemaking process. Committee members must be able to attend
all Committee meetings, work on Committee work groups, consult with
their constituencies between Committee meetings, and negotiate in good
faith toward a consensus on issues before the Committee. Because of the
complexity of the issues under consideration, as
[[Page 7658]]
well as the need for continuity, the Secretary reserves the right to
replace any member who is unable to participate in the Committee's
meetings.
Under 5 U.S.C. 568(c), members of a negotiated rulemaking committee
are responsible for their own expenses of participation in such
committee, except that an Agency may, in accordance with Section 7(d)
of the FACA, pay for a member's reasonable travel and per diem
expenses, expenses to obtain technical assistance, and a reasonable
rate of compensation, if:
Such member certifies a lack of adequate financial
resources to participate in the Committee; and
The agency determines that such member's participation in
the Committee is necessary to assure an adequate representation of the
member's interest.
The DOI commits to pay the reasonable travel and per diem expenses
of Committee members, if appropriate, under the NRA and Federal travel
regulations.
E. Facilitator
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.
F. Administrative and Technical Support
The DOI will provide sufficient administrative and technical
resources for the Committee to complete its work in a timely fashion.
The DOI, with the help of the facilitator, will prepare and provide a
final report of any issues on which the Committee reaches consensus.
G. Training and Organization
At the first meeting of the Committee, a neutral facilitator will
provide training on negotiated rulemaking, interest-based negotiations,
and consensus-building. In addition, at the first meeting, Committee
members will make organizational decisions concerning protocols,
scheduling, and facilitation of the Committee.
H. Committee Meeting Procedures
The members of the Committee, with the assistance of the
facilitator, may adopt procedures for Committee meetings.
IV. Request for Nominations to the Committee
The PROGRESS Act requires that the Committee be comprised of only
Federal and Tribal government representatives. Tribes may nominate
Tribal leaders to serve on the Committee who will adequately represent
the interests that are likely to be significantly affected by the
proposed rule. Each nomination is expected to include a nomination for
a primary representative and an alternate who can fulfill the
obligations of membership should the primary representative be unable
to attend. The Committee membership should reflect a diversity of
interests, and nominees should only be of representatives and
alternates who:
Are elected officials of Tribal governments (or their
designated employees with authority to act on their behalf) acting in
their official capacities; and
Will be able to:
[cir] Represent one or more of the specified interests with the
authority to embody the views of that interest, communicate with
interested constituents, and have a clear means to reach agreement on
behalf of the interest(s);
[cir] Coordinate, to the extent possible, with other interests who
may not be represented on the Committee;
[cir] Negotiate effectively on behalf of the interest(s)
represented;
[cir] Commit the time and effort required to attend and prepare for
meetings; and
[cir] Collaborate among diverse parties in a consensus-seeking
process.
The DOI will consider nominations for representatives only if they
are nominated through the process identified in this Notice of Intent.
The DOI will not consider any nominations that we receive in any other
manner. The DOI will not consider nominations for Federal
representatives; only the Secretary may nominate Federal employees to
the Committee.
Nominations must include the following information about each
nominee:
1. A current letter from the governing body or chairperson of the
Tribe representing one of the interest(s) identified supporting the
nomination of the individual to serve as a representative for the Tribe
on the Committee;
2. A resume reflecting the nominee's qualifications and experience,
to include the nominee's name, Tribal affiliation, job title, major job
duties, employer, business address, business telephone and fax numbers
(and business email address, if applicable);
3. The interest(s) to be represented by the nominee (see Section
III.C of this notice) and whether the nominee will represent other
interest(s) related to this rulemaking; and
4. A brief description of how the nominee will represent the views
of the identified interest(s), communicate with constituents, and have
a clear means to reach agreement on behalf of the interest(s) they are
representing.
5. A statement on whether the nominee is only representing one
interest or whether the expectation is that the nominee represents a
specific group of interests.
To be considered, nominations must be received by the close of
business on the date listed in the DATES section, at the location
indicated in the ADDRESSES section.
V. Solicitation of Public Comments
Members of the public are invited to submit comments on this
proposal to establish the Committee.
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 us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
VI. Next Steps
Following the receipt of nominations and comments, DOI will publish
a second notice in the Federal Register with a list of persons to
represent the interests that are likely to be significantly affected by
the rule and the person or persons proposed to represent the DOI.
Persons who will be significantly affected by the proposed rule and who
believe that their interests will not be adequately represented by any
person specified in that second Federal Register notice will be given
an opportunity to apply or nominate another person for membership on
the Committee to represent such interests with respect to the proposed
rule.
Following the second Federal Register notice and responses to it,
DOI expects to establish the Committee. After the Committee reaches
consensus on the recommended provisions of the proposed rule, as
discussed in more detail below, the DOI will publish a proposed rule in
the Federal Register.
VII. Determination That Negotiated Rulemaking is in the Public Interest
Under 5 U.S.C. 563, the head of the agency is required to determine
that the use of the negotiated rulemaking procedure is in the public
interest.
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In making such a determination, the agency head must consider
certain factors. Taking these factors into account, the Secretary,
through the authority delegated to the Assistant Secretary--Indian
Affairs, has determined that a negotiated rulemaking is in the public
interest because:
1. A rule is needed. The PROGRESS Act directs the Secretary to
conduct a negotiated rulemaking pursuant to the NRA.
2. A limited number of identifiable interests will be significantly
affected by the rule.
3. There is a reasonable likelihood that the Committee can be
convened with a balanced representation of persons who can adequately
represent the interests discussed in item 2, above, and who are willing
to negotiate in good faith to attempt to reach a consensus on
provisions of a proposed rule.
4. There is a reasonable likelihood that the Committee will reach
consensus on a proposed rule within a fixed period of time.
5. The use of negotiated rulemaking will not delay the development
of a proposed rule because time limits will be placed on the
negotiation. We anticipate that these negotiations will expedite a
proposed rule and ultimately the acceptance of a final rule.
6. The DOI is making a commitment to ensure that the Committee has
sufficient resources to complete its work in a timely fashion.
7. The DOI, to the maximum extent possible and consistent with the
legal obligations of the Agency, will use the consensus report of the
Committee as the basis for a proposed rule for public notice and
comment.
For the above reasons, I hereby certify that the Self-Governance
PROGRESS Act Negotiated Rulemaking Committee is in the public interest.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2021-01149 Filed 1-29-21; 8:45 am]
BILLING CODE 4337-15-P
