Notice of Intent To Establish a Tribal Intergovernmental Advisory Committee; Request for Comments on Committee Structure, 63051-63053 [2021-24818]

Download as PDF Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Information Collection Requirement Title: Pipeline Corporate Security Review (PCSR). Type of Request: Extension of a currently approved collection. OMB Control Number: 1652–0056. Forms(s): Pipeline Corporate Security Review (PCSR) Protocol Form and TSA Forms related to the Security Directive. Affected Public: Hazardous Liquids and Natural Gas Pipeline Industry. Abstract: Under the Aviation and Transportation Security Act (ATSA) 1 and delegated authority from the Secretary of Homeland Security, TSA is tasked with developing policies, strategies, and plans for dealing with transportation security. To carry out this responsibility regarding pipelines, TSA assesses current industry security practices through its PCSR program. The PCSR is a voluntary, face-to-face visit with a pipeline owner/operator during which TSA discusses an owner/ operator’s corporate security planning and the entries made by the owner/ operator on the PCSR Form. The PCSR Form includes 210 questions concerning the owner/operator’s corporate level security planning, covering security topics such as physical and cyber security, vulnerability assessments, training, and emergency communications. TSA uses the information collected during the PCSR process to determine baseline security standards, potential areas of security vulnerability, and industry ‘‘smart’’ practices throughout the pipeline mode. In addition, on July 19, 2021, TSA issued a Security Directive (SD) imposing mandatory cybersecurity measures on specified owner/operators of critical hazardous liquid and natural pipelines and liquefied natural gas facilities.2 These owner/operators are khammond on DSKJM1Z7X2PROD with NOTICES 1 Public Law 107–71 (115 Stat. 597; Nov. 19, 2001) codified at 49 U.S.C. 114. 2 On May 28, 2021, TSA issued another SD which included three information collections. OMB control number 1652–0055, includes two of these information collections, requiring owner/operators to report cybersecurity incidents to CISA, and to designate a Cybersecurity Coordinator, who is required to be available to the TSA 24/7 to coordinate cybersecurity practices and address any incidents that arise, and who must submit contact information to TSA. OMB control number 1652– 0050 contains the remaining information collection, requiring owner/operators to conduct a cybersecurity assessment, to address cyber risk, and identify remediation measures that will be taken to fill those gaps and a time frame for achieving those measures. VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 required to take several actions requiring a collection of information. First, they must develop and adopt a Cybersecurity Contingency/Response Plan to ensure the resiliency of their operations in the event of a cybersecurity attack. This report must be made available to TSA upon request. Second, they are required to have a third-party complete an evaluation of their industrial control system design and architecture to identify previously unrecognized vulnerabilities. The evaluation must include a final report that must also be made available to TSA upon request. Third, within 7 days of each deadline set forth in the SD, owner/operators must ensure that their Cybersecurity Coordinator or other accountable executive submits a statement to TSA via email certifying that the owner/operator has met the requirements of the SD. For convenience, TSA provides an optional form for each submission deadline that owner/operators can complete and submit via email. To the extent information collected is deemed Sensitive Security Information, TSA will handle the information as required by 49 CFR parts 15 and 1520. Number of Respondents: 97 respondents annually. Estimated Annual Burden Hours: 4,423 hours.3 Dated: November 9, 2021. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Information Technology. [FR Doc. 2021–24862 Filed 11–12–21; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [FR–6289–N–01] Notice of Intent To Establish a Tribal Intergovernmental Advisory Committee; Request for Comments on Committee Structure Office of Assistant Secretary for Public and Indian Housing, Department of Housing and Urban Development (HUD). ACTION: Notice. AGENCY: This notice announces HUD’s intention to form the Department’s first standing Tribal advisory committee. The SUMMARY: 3 Since the publication of the 60-day notice, TSA has adjusted the annual burden to show the onetime burden for the mandatory collection: 4,423.333 hours = (12,610 (one-time burden) + 220 (Year 1 annual burden) + 220 (Year 2 annual burden) + 220 (Year 3 annual burden) =13,270 hours, or an annual average of 4,423.33 hours. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 63051 committee will be called the ‘Tribal Intergovernmental Advisory Committee’ (TIAC). This notice also solicits comments and recommendations regarding the establishment and structure of the TIAC. The TIAC will be made up of a diverse group of duly elected Tribal leaders representing small, medium, and large federally recognized Tribes. The TIAC is intended to further communications between HUD and federally recognized Tribes on HUD programs, make recommendations to HUD regarding current program regulations, provide advice in the development of HUD’s American Indian and Alaska Native (AIAN) housing priorities, and encourage peer learning and capacity building among Tribes and non-Tribal entities. Consistent with HUD’s Tribal Government-toGovernment Consultation Policy, this notice solicits input on the proposed structure of the TIAC. DATES: Comments on the proposed structure of the TIAC are due on or before: January 14, 2022. ADDRESSES: Interested persons are invited to submit comments on the structure of the TIAC. Comments may be submitted to HUD electronically. All submissions must refer to the above docket number and title. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. Electronic submission allows the maximum time to prepare and submit comments, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov website can be viewed by interested members of the public. Individuals should follow the instructions provided on that website to submit comments. Note: To receive consideration, comments must be submitted electronically through www.regulations.gov and refer to the above docket number and title. Comments should not be submitted by mail. No Facsimile Comments. Facsimile (FAX) comments will not be accepted. Public Inspection of Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8:00 a.m. and 5:00 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the submissions must be scheduled by calling the E:\FR\FM\15NON1.SGM 15NON1 63052 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices Regulations Division at (202) 708–3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at (800) 877– 8339. Copies of all submissions are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant Secretary for Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4108, Washington, DC 20410–5000, telephone (202) 402–7598 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Information Relay Service at (800) 877– 8339. SUPPLEMENTARY INFORMATION: I. Background khammond on DSKJM1Z7X2PROD with NOTICES Consistent with Executive Order 13175,1 HUD’s Tribal Government-toGovernment Consultation Policy recognizes the right of Indian tribes to self-governance and supports Tribal sovereignty and self-determination.2 It provides that HUD will engage in regular and meaningful consultation and collaboration with Tribal officials in the development of Federal policies that have Tribal implications. Executive Order 13175 also requires Federal agencies to advance Tribal selfgovernance and ensure that the rights of sovereign Tribal governments are fully respected by conducting open and candid consultations. In 2016, in furtherance of Executive Order 13175, HUD proposed the establishment of a TIAC. On June 23, 2016, HUD published a Federal Register Notice seeking comments on the structure of the proposed TIAC.3 On December 21, 2016, HUD published a second Federal Register Notice announcing the establishment of the TIAC and requesting nominations from duly elected or appointed Tribal leaders to serve on the TIAC.4 HUD received nominations from various Tribes but did not receive an adequate number of 1 Executive Order 13175, 65 FR 67249 (November 9, 2000). 2 Tribal Government-to-Government Consultation Policy, 81 FR 40893 (June 23, 2016). 3 Notice of Proposal To Establish a Tribal Intergovernmental Advisory Committee; Request for Comments on Committee Structure, 81 FR 40899 (June 23, 2016). 4 Establishment of Tribal Intergovernmental Advisory Committee; Request for Nominations for Tribal Intergovernmental Membership, 81 FR 93700 (December 21, 2016). VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 nominations to fully constitute the TIAC. Accordingly, HUD did not complete the establishment of the TIAC at that time. On January 26, 2021, President Biden issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships.5 The memorandum directed all Federal agencies to take actions to strength their Tribal consultation policies and practices and to further the purposes of Executive Order 13175. To further enhance consultation and collaboration with Tribal governments, HUD is once again proposing to establish the TIAC. Several Federal agencies have established similar Tribal advisory committees. These advisory committees convene periodically during the year to exchange information with agency staff, notify Tribal leaders of activities or policies that could affect Tribes, and provide guidance on consultation. HUD has determined that a similar advisory committee would provide critical support to the Department as it formulates. The formation of the TIAC would also assist the Department in carrying out its responsibilities under the Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships. Prior to HUD’s establishment of the TIAC, this notice solicits input into the structure of the committee. II. Proposed Structure of the TIAC To assist commenters with their review and to help them provide feedback, HUD is providing the following as an example of how the TIAC may be structured. HUD is requesting comments on the following proposed structure of the TIAC and is open to any additional recommendation on how the TIAC may be constituted and how it should operate. Comments on the structure of the TIAC are due on or before: January 14, 2022 A. Purpose and Role of the TIAC The purposes of the TIAC are: (1) To further facilitate intergovernmental communication between HUD and Tribal leaders of federally recognized Tribes on all HUD programs; (2) To make recommendations to HUD regarding current program regulations that may require revision, as well as suggest rulemaking methods to develop such changes. The TIAC will not, however, negotiate any changes to regulations that are subject to negotiated 5 The memorandum was published in the Federal Register on January 29, 2021 (86 FR 7491). PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 rulemaking under Section 106 of the Native American Housing Assistance and Self-Determination Act (NAHASDA) and will not serve in place of any future negotiated rulemaking committee established by HUD; and (3) To advise in the development of HUD’s AIAN housing priorities. The role of the TIAC is to provide recommendations and input to HUD, and to provide a vehicle for regular, meaningful consultation and collaboration with Tribal officials. It will not replace other means of Tribal consultations, but, rather, will supplement them. HUD will maintain the responsibility to exercise program management, including the drafting of HUD notices, guidance documents, and regulations. B. Charter and Protocols The TIAC will develop its own ruling charter and protocols. HUD will provide staff for the TIAC to act as a liaison between TIAC and HUD officials, manage meeting logistics, and provide general support for TIAC activities. C. Meetings and Participation Subject to availability of Federal funding, the TIAC will meet periodically to discuss agency policies and activities with HUD, set shared priorities, and facilitate further consultation with Tribal leaders. Initially, meetings will likely be conducted virtually, but may be in person in the future, and will be conducted consistent with any COVID– 19 safety protocols. HUD will pay for these meetings, including the member’s cost to travel to these meetings. The TIAC may meet on a more frequent basis virtually, via conference calls, videoconferences, or through other forms of communication. Additional inperson meetings may be scheduled at HUD’s discretion in the future. Participation at TIAC meetings will be limited to TIAC members or their alternates. Alternates must be designated in writing by the member’s Tribal government to act on their behalf. TIAC members may bring one technical advisor to the meeting at their expense. The technical advisor can advise the member but cannot speak in the member’s place. Meeting minutes will be available on the HUD website, and, depending on the circumstances, public and Tribal comments may be requested. D. TIAC Membership The TIAC will be comprised of HUD representatives and Tribal delegates from across the country, representing small, medium, and large tribes. The TIAC will be composed of HUD officials E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices (including the Secretary or his or her designee, as well as the Assistant Secretaries for Office of Public and Indian Housing (PIH), Office of Policy, Development, and Research (PD&R), Office of Fair Housing and Equal Opportunity (FHEO), Office of Field Policy Management (FPM), Office of Housing (FHA), Government National Mortgage Association (Ginnie Mae), and Office of Community Planning and Development (CPD) or their designees) and up to fifteen Tribal delegates. Up to two Tribal delegates will represent each of the six HUD ONAP regions. Up to three remaining Tribal delegates will serve at-large. Only duly elected or appointed Tribal leaders may serve as TIAC delegates or alternates of the TIAC. The Secretary of HUD will appoint the HUD representatives of the TIAC. TIAC Tribal delegates will serve a term of two years. To ensure consistency between Tribal terms, delegates will have a staggered term of appointment. In order to establish a staggered term of appointment, half of the Tribal delegates appointed in the inaugural year of the TIAC will serve two years and the other half will serve three years. Tribal delegates must designate their preference to serve two or three years; however, HUD will make the final determination on which Tribal delegates will serve two or three years. Once these Tribal delegates complete these initial terms, future Tribal delegates will serve terms that last two years. Should a delegate’s tenure as a Tribal leader come to an end during their appointment to the TIAC, the delegate’s Tribe will nominate a replacement, if not the already nominated alternate. khammond on DSKJM1Z7X2PROD with NOTICES E. Function The establishment of the TIAC is intended to enhance government-togovernment relationships, communications, and mutual cooperation between HUD and Tribes. It is not intended to, and will not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other persons. Dominique Blom, General Deputy Assistant, Secretary for Public and Indian Housing. [FR Doc. 2021–24818 Filed 11–12–21; 8:45 am] BILLING CODE 4210–67–P VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [222A2100DD/AASS003600/ A0T902020.999900.253G] Liquor Control Ordinance; Catawba Indian Nation Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the liquor control ordinance of the Catawba Indian Nation. The liquor control statute regulates and controls the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages on the trust lands of the Catawba Indian Nation [previously known as Catawba Tribe of South Carolina]. DATES: This Amendment is effective December 15, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Rebecca J. Smith, Tribal Relations Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545 Marriott Drive, Suite 700, Nashville, Tennessee 37214, Telephone: (615) 564–6711, Fax: (615) 564–6701. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83–277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian country. The Nation’s General Council of the Catawba Indian Nation duly adopted the Nation’s Alcoholic Beverage Control Ordinance on May 1, 2021. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Nation’s General Council of the Catawba Indian Nation duly adopted by The General Council of the Catawba Indian Nation duly adopted the Catawba Indian Nation’s Alcoholic Beverage Control Ordinance on May 1, 2021. The Catawba Indian Nation Alcoholic Beverage Control Ordinance reads as follows: SUMMARY: Catawba Indian Nation Regulation of Alcoholic Beverages Article 1—General Provisions Sec. 18B–100.—General Prohibition and Purpose (a) This Ordinance is intended to establish a uniform system of control PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 63053 over the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages on the trust lands of the Catawba Indian Nation, and to provide procedures to insure the proper administration of the tribal laws regulating alcoholic beverages. This Ordinance shall be liberally construed to the end that the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages shall be prohibited except as authorized in this Ordinance. (b) The introduction, transportation, sale, or possession of intoxicating beverages shall be lawful within the Indian country of the Catawba Indian Nation, provided that such introduction, transportation, sale or possession conforms in all respects to the laws of both the State in which it occurs and the Catawba Indian Nation, as both may be amended from time to time. Any Tribal laws, resolutions or ordinances heretofore enacted which prohibit the introduction, advertisement, sale or possession of intoxicating beverages within the Indian country of the Catawba Indian Nation are hereby repealed. Sec. 18B–101.—Definitions As used in this Ordinance, unless the context requires otherwise: (1) ‘‘Tribal ABC law’’ or ‘‘Tribal ABC laws’’ means any provision in this Ordinance, and the rules issued by the Commission under the authority of this Ordinance. (2) ‘‘Tribal ABC permit’’ or ‘‘permits’’ means any written or printed authorization issued by the Commission pursuant to the provisions of this Ordinance. Unless the context clearly requires otherwise, as in the provisions concerning applications for permits, ‘‘ABC permit’’ or ‘‘permit’’ means a presently valid permit. (3) ‘‘Alcoholic beverage’’ means any beverage containing at least one-half of one percent alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages. (4) [Reserved for future codification purposes.] (5) ‘‘Commission’’ means the Tribal Alcoholic Beverage Control Commission (‘‘TABCC’’). (6) ‘‘Fortified wine’’ means any wine, of more than 16 percent and no more than 24 percent alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63051-63053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24818]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[FR-6289-N-01]


Notice of Intent To Establish a Tribal Intergovernmental Advisory 
Committee; Request for Comments on Committee Structure

AGENCY: Office of Assistant Secretary for Public and Indian Housing, 
Department of Housing and Urban Development (HUD).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces HUD's intention to form the Department's 
first standing Tribal advisory committee. The committee will be called 
the `Tribal Intergovernmental Advisory Committee' (TIAC). This notice 
also solicits comments and recommendations regarding the establishment 
and structure of the TIAC. The TIAC will be made up of a diverse group 
of duly elected Tribal leaders representing small, medium, and large 
federally recognized Tribes. The TIAC is intended to further 
communications between HUD and federally recognized Tribes on HUD 
programs, make recommendations to HUD regarding current program 
regulations, provide advice in the development of HUD's American Indian 
and Alaska Native (AIAN) housing priorities, and encourage peer 
learning and capacity building among Tribes and non-Tribal entities. 
Consistent with HUD's Tribal Government-to-Government Consultation 
Policy, this notice solicits input on the proposed structure of the 
TIAC.

DATES: Comments on the proposed structure of the TIAC are due on or 
before: January 14, 2022.

ADDRESSES: Interested persons are invited to submit comments on the 
structure of the TIAC. Comments may be submitted to HUD electronically. 
All submissions must refer to the above docket number and title.
    Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. Electronic submission allows the maximum time to 
prepare and submit comments, ensures timely receipt by HUD, and enables 
HUD to make them immediately available to the public. Comments 
submitted electronically through the www.regulations.gov website can be 
viewed by interested members of the public. Individuals should follow 
the instructions provided on that website to submit comments.
    Note: To receive consideration, comments must be submitted 
electronically through www.regulations.gov and refer to the above 
docket number and title. Comments should not be submitted by mail.
    No Facsimile Comments. Facsimile (FAX) comments will not be 
accepted.
    Public Inspection of Comments. All properly submitted comments and 
communications submitted to HUD will be available for public inspection 
and copying between 8:00 a.m. and 5:00 p.m. weekdays at the above 
address. Due to security measures at the HUD Headquarters building, an 
advance appointment to review the submissions must be scheduled by 
calling the

[[Page 63052]]

Regulations Division at (202) 708-3055 (this is not a toll-free 
number). Individuals with speech or hearing impairments may access this 
number via TTY by calling the toll-free Federal Information Relay 
Service at (800) 877-8339. Copies of all submissions are available for 
inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 4108, Washington, DC 20410-5000, telephone (202) 402-
7598 (this is not a toll-free number). Individuals with speech or 
hearing impairments may access this number via TTY by calling the toll-
free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    Consistent with Executive Order 13175,\1\ HUD's Tribal Government-
to-Government Consultation Policy recognizes the right of Indian tribes 
to self-governance and supports Tribal sovereignty and self-
determination.\2\ It provides that HUD will engage in regular and 
meaningful consultation and collaboration with Tribal officials in the 
development of Federal policies that have Tribal implications. 
Executive Order 13175 also requires Federal agencies to advance Tribal 
self-governance and ensure that the rights of sovereign Tribal 
governments are fully respected by conducting open and candid 
consultations.
---------------------------------------------------------------------------

    \1\ Executive Order 13175, 65 FR 67249 (November 9, 2000).
    \2\ Tribal Government-to-Government Consultation Policy, 81 FR 
40893 (June 23, 2016).
---------------------------------------------------------------------------

    In 2016, in furtherance of Executive Order 13175, HUD proposed the 
establishment of a TIAC. On June 23, 2016, HUD published a Federal 
Register Notice seeking comments on the structure of the proposed 
TIAC.\3\ On December 21, 2016, HUD published a second Federal Register 
Notice announcing the establishment of the TIAC and requesting 
nominations from duly elected or appointed Tribal leaders to serve on 
the TIAC.\4\ HUD received nominations from various Tribes but did not 
receive an adequate number of nominations to fully constitute the TIAC. 
Accordingly, HUD did not complete the establishment of the TIAC at that 
time.
---------------------------------------------------------------------------

    \3\ Notice of Proposal To Establish a Tribal Intergovernmental 
Advisory Committee; Request for Comments on Committee Structure, 81 
FR 40899 (June 23, 2016).
    \4\ Establishment of Tribal Intergovernmental Advisory 
Committee; Request for Nominations for Tribal Intergovernmental 
Membership, 81 FR 93700 (December 21, 2016).
---------------------------------------------------------------------------

    On January 26, 2021, President Biden issued a Presidential 
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation 
Relationships.\5\ The memorandum directed all Federal agencies to take 
actions to strength their Tribal consultation policies and practices 
and to further the purposes of Executive Order 13175.
---------------------------------------------------------------------------

    \5\ The memorandum was published in the Federal Register on 
January 29, 2021 (86 FR 7491).
---------------------------------------------------------------------------

    To further enhance consultation and collaboration with Tribal 
governments, HUD is once again proposing to establish the TIAC. Several 
Federal agencies have established similar Tribal advisory committees. 
These advisory committees convene periodically during the year to 
exchange information with agency staff, notify Tribal leaders of 
activities or policies that could affect Tribes, and provide guidance 
on consultation. HUD has determined that a similar advisory committee 
would provide critical support to the Department as it formulates. The 
formation of the TIAC would also assist the Department in carrying out 
its responsibilities under the Presidential Memorandum on Tribal 
Consultation and Strengthening Nation-to-Nation Relationships.
    Prior to HUD's establishment of the TIAC, this notice solicits 
input into the structure of the committee.

II. Proposed Structure of the TIAC

    To assist commenters with their review and to help them provide 
feedback, HUD is providing the following as an example of how the TIAC 
may be structured. HUD is requesting comments on the following proposed 
structure of the TIAC and is open to any additional recommendation on 
how the TIAC may be constituted and how it should operate. Comments on 
the structure of the TIAC are due on or before: January 14, 2022

A. Purpose and Role of the TIAC

    The purposes of the TIAC are:
    (1) To further facilitate intergovernmental communication between 
HUD and Tribal leaders of federally recognized Tribes on all HUD 
programs;
    (2) To make recommendations to HUD regarding current program 
regulations that may require revision, as well as suggest rulemaking 
methods to develop such changes. The TIAC will not, however, negotiate 
any changes to regulations that are subject to negotiated rulemaking 
under Section 106 of the Native American Housing Assistance and Self-
Determination Act (NAHASDA) and will not serve in place of any future 
negotiated rulemaking committee established by HUD; and
    (3) To advise in the development of HUD's AIAN housing priorities.
    The role of the TIAC is to provide recommendations and input to 
HUD, and to provide a vehicle for regular, meaningful consultation and 
collaboration with Tribal officials. It will not replace other means of 
Tribal consultations, but, rather, will supplement them. HUD will 
maintain the responsibility to exercise program management, including 
the drafting of HUD notices, guidance documents, and regulations.

B. Charter and Protocols

    The TIAC will develop its own ruling charter and protocols. HUD 
will provide staff for the TIAC to act as a liaison between TIAC and 
HUD officials, manage meeting logistics, and provide general support 
for TIAC activities.

C. Meetings and Participation

    Subject to availability of Federal funding, the TIAC will meet 
periodically to discuss agency policies and activities with HUD, set 
shared priorities, and facilitate further consultation with Tribal 
leaders. Initially, meetings will likely be conducted virtually, but 
may be in person in the future, and will be conducted consistent with 
any COVID-19 safety protocols. HUD will pay for these meetings, 
including the member's cost to travel to these meetings. The TIAC may 
meet on a more frequent basis virtually, via conference calls, 
videoconferences, or through other forms of communication. Additional 
in-person meetings may be scheduled at HUD's discretion in the future. 
Participation at TIAC meetings will be limited to TIAC members or their 
alternates. Alternates must be designated in writing by the member's 
Tribal government to act on their behalf. TIAC members may bring one 
technical advisor to the meeting at their expense. The technical 
advisor can advise the member but cannot speak in the member's place. 
Meeting minutes will be available on the HUD website, and, depending on 
the circumstances, public and Tribal comments may be requested.

D. TIAC Membership

    The TIAC will be comprised of HUD representatives and Tribal 
delegates from across the country, representing small, medium, and 
large tribes. The TIAC will be composed of HUD officials

[[Page 63053]]

(including the Secretary or his or her designee, as well as the 
Assistant Secretaries for Office of Public and Indian Housing (PIH), 
Office of Policy, Development, and Research (PD&R), Office of Fair 
Housing and Equal Opportunity (FHEO), Office of Field Policy Management 
(FPM), Office of Housing (FHA), Government National Mortgage 
Association (Ginnie Mae), and Office of Community Planning and 
Development (CPD) or their designees) and up to fifteen Tribal 
delegates. Up to two Tribal delegates will represent each of the six 
HUD ONAP regions. Up to three remaining Tribal delegates will serve at-
large. Only duly elected or appointed Tribal leaders may serve as TIAC 
delegates or alternates of the TIAC. The Secretary of HUD will appoint 
the HUD representatives of the TIAC. TIAC Tribal delegates will serve a 
term of two years. To ensure consistency between Tribal terms, 
delegates will have a staggered term of appointment. In order to 
establish a staggered term of appointment, half of the Tribal delegates 
appointed in the inaugural year of the TIAC will serve two years and 
the other half will serve three years. Tribal delegates must designate 
their preference to serve two or three years; however, HUD will make 
the final determination on which Tribal delegates will serve two or 
three years. Once these Tribal delegates complete these initial terms, 
future Tribal delegates will serve terms that last two years. Should a 
delegate's tenure as a Tribal leader come to an end during their 
appointment to the TIAC, the delegate's Tribe will nominate a 
replacement, if not the already nominated alternate.

E. Function

    The establishment of the TIAC is intended to enhance government-to-
government relationships, communications, and mutual cooperation 
between HUD and Tribes. It is not intended to, and will not, create any 
right to administrative or judicial review, or any other right or 
benefit or trust responsibility, substantive or procedural, enforceable 
by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other persons.

Dominique Blom,
General Deputy Assistant, Secretary for Public and Indian Housing.
[FR Doc. 2021-24818 Filed 11-12-21; 8:45 am]
BILLING CODE 4210-67-P
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