Self-Governance PROGRESS Act Negotiated Rulemaking Committee Establishment; Proposed Membership, 66491-66495 [2021-25401]
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Proposed Rules
against unfounded or unproven
allegations, convictions may be more
difficult to obtain in these types of fraud
cases. Perpetrators of these increasingly
prevalent fraud schemes are employing
new technological means, and, as noted
above, are seeking new forms of
payment which make them difficult to
identify and convict. As Calvin A.
Shivers, the Assistant Director, Criminal
Investigative Division, Federal Bureau
of Investigation noted in his June 2020
testimony before the U.S. Senate
Judiciary Committee:
With the rise in the use of virtual assets
and encrypted devices and applications, the
interconnectivity of communication
platforms and the ever-changing landscape of
emerging payment systems, the world is
more connected today than ever. This also
means it has become increasingly difficult to
track illicit finance flows and identify the
criminal actors behind them.33
Consequently, we are exploring
whether and how we might change the
evidentiary standard in our regulations
for showing a loss of income-producing
property due to criminal fraud or theft
by a third party.
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What is the purpose of this ANPRM?
We are seeking information on
whether and how we should update our
regulations to provide for relief in cases
where beneficiaries are victims of
criminal fraud or theft and their
incomes are affected, but no criminal
convictions (or arrest) may have taken
place.
We seek to aid beneficiaries adversely
affected by fraud that has affected their
IRMAA status, while maintaining our
commitment to safeguard the public
funds in our trust. Our current
regulations safeguard against unfounded
or unproven allegations by requiring
evidence of fraud or loss, but may not
address all situations. We are seeking
input from the public to more fully
understand the new forms of fraudulent
activity affecting beneficiaries, to better
understand the types of evidence of
fraudulent activities such victims can
present, to learn more about the types of
financial transactions beneficiaries have
engaged in as a result of fraud, and to
determine how we might revise our
rules to better assist victimbeneficiaries.
33 COVID–19 Fraud: Law Enforcement’s Response
to Those Exploiting the Pandemic U.S. Senate
Judiciary Committee (Statement of Calvin A.
Shivers, Assistant Director, Criminal Investigative
Division, Federal Bureau of Investigation June 9,
2020) available at: https://www.fbi.gov/news/
testimony/covid-19-fraud-law-enforcementsresponse-to-those-exploiting-the-pandemic.
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What We Will Consider When We
Decide Whether To Propose Revisions to
Our Rules
We will consider the public
comments and any research or data
identified in response to this
solicitation. We will also consider any
information we obtain through research
or other activities intended to inform
our policy decisions in this area.
What should the public comment about?
We are specifically asking the public
to provide us with comments on the
following topics related to this ANPRM:
• Types of fraud that can affect
IRMAA status—We seek to learn more
about the types of scams the public is
experiencing, including how affected
persons were contacted; what was the
technique employed by the scammer;
what kinds of property were targeted;
what kinds of financial transactions did
affected persons engage in as a result of
the fraud; whether affected persons
experienced an increase in taxable
income as a result; how much of a
monetary loss if any did affected
persons sustain; were there any arrests
or convictions; what was the experience
with law enforcement; etc.). As noted
above, please be certain not to include
any personally identifiable information
in your comments;
• Types of evidence—What types of
evidence should we seek from affected
beneficiaries to demonstrate that the
loss was due to criminal fraud or theft?
How can we best balance evidentiary
needs with the burden evidence
requirements impose on affected
beneficiaries? We are seeking
information about forms of convincing
evidence that would be common among
such victims.
How should we determine whether a
loss of income-producing property due
to alleged criminal fraud or theft is ‘‘a
result of the ordinary risk of
investment,’’ and thus may not be
considered under existing regulations
[20 CFR 418.1205(e).]
Consideration of and Response to Public
Comments
We will consider all relevant public
comment we receive in response to this
ANPRM. If we decide to propose
specific revisions to our rules, we will
publish a notice of proposed rulemaking
in the Federal Register, and you will
have a chance to comment on any
revisions we propose.
List of Subjects in 20 CFR Part 418
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Medicare subsidies, Public
assistance programs, Reporting and
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recordkeeping requirements,
Supplemental Security Income (SSI).
The Acting Commissioner of Social
Security, Kilolo Kijakazi, having
reviewed and approved this document,
is delegating the authority to
electronically sign this document to
Faye I. Lipsky, who is the primary
Federal Register Liaison for the Social
Security Administration, for purposes of
publication in the Federal Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislative
and Congressional Affairs, Social Security
Administration.
[FR Doc. 2021–25364 Filed 11–22–21; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE INTERIOR
25 CFR Part 1000
[222A2100DD/AAKC001030/
A0A501010.999900 253G]
Self-Governance PROGRESS Act
Negotiated Rulemaking Committee
Establishment; Proposed Membership
Office of the Assistant
Secretary—Indian Affairs, Interior.
ACTION: Proposed membership of
Committee, notification of intent to
establish committee, and nominations.
AGENCY:
The U.S. Department of the
Interior (DOI) is announcing the
proposed members to form the SelfGovernance PROGRESS Act Negotiated
Rulemaking Committee (Committee).
The Committee will 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) to revise the
regulations on Tribal Self-Governance
Annual Funding Agreements Under the
Tribal Self-Governance Act
Amendments to the Indian SelfDetermination and Education Act. This
document solicits comments on the
proposed membership and the proposal
to establish the Committee and invites
additional nominations for Committee
members who will adequately represent
the interests that are likely to be
significantly affected by the proposed
rule. The Secretary also proposes to
appoint Federal representatives to the
Committee as listed.
DATES: Comments must be submitted no
later than December 23, 2021.
ADDRESSES: Send comments and
nominations to the Designated Federal
Officer, Vickie Hanvey, by any of the
following methods:
SUMMARY:
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• (Preferred method) Email to:
consultation@bia.gov;
• Mail, hand-carry or use an
overnight courier service to the
Designated Federal Officer, Ms. Vickie
Hanvey, Office of the Assistant
Secretary—Indian Affairs, 1849 C Street
NW, Mail Stop 4660, Washington, DC
20240.
FOR FURTHER INFORMATION CONTACT: The
Designated Federal Officer, 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:
I. Background
On October 21, 2020, the PROGRESS
Act was signed into law and 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 the self-governance
relationship between the United States
and Indian Tribes. The purpose of the
Committee is to serve as an advisory
committee under the Federal Advisory
Committee Act (FACA) and the
Negotiated Rulemaking Act (NRA). 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.
II. Proposed Work of the Committee
The objectives of the Committee are to
represent the interests that will be
significantly affected by the final
regulations, negotiate in good faith, and
reach consensus, where possible, on
recommendations to the Secretary for
the proposed regulations.
The Committee will be charged,
consistent with subchapter IV regarding
the Tribal Self-Governance Program,
with developing proposed regulations to
implement the PROGRESS Act’s
provisions regarding the DOI’s SelfGovernance Program. The proposed
regulations will be considered by the
Secretary and subject to government-togovernment consultation.
The Committee will be 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 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. The Office of Self-Governance has
dedicated resources required to: ensure
the Committee is able to conduct
meetings, provide technical assistance,
and provide any additional support
required to fulfill the Committee’s
responsibilities.
III. Proposed Tribal Committee
Members
On February 1, 2021, the Office of
Assistant Secretary—Indian Affairs
(AS–IA) published a Federal Register
notice of intent (86 FR 7656) requesting
comments and nominations for Tribal
representatives for the Committee. The
comment period for that notice of intent
closed March 3, 2021.
Within the notice, AS–IA solicited
comments on the proposal to establish
the Committee, including comments on
any additional interests not identified.
AS–IA solicited nominations from
Indian Tribes and Tribal organizations
as defined in section 4(I) of the Indian
Self-Determination and Education
Assistance Act that are currently
participating in the Tribal SelfGovernance Program and those that are
not currently participating in, but are
interested in participating in, the Tribal
Self-Governance Program and who
would be affected by the final rule. AS–
IA requested that these Tribes and
Tribal organizations nominate
representatives to serve on the
Committee.
The Secretary has selected 14 Tribal
representatives (7 Primary, 7 Alternate)
for the Committee and 12 Federal
representatives (6 Primary, 6 Alternate)
for the Committee, for a proposed total
of 26 members (13 Primary, 13
Alternate). Primary representatives are
voting members. Both primary and
alternate representatives are expected to
attend all meetings. Alternate
representatives are to remain abreast of
discussions and to be prepared to vote
in the event the Primary is unavailable.
The Designated Federal Officer (DFO)
and Alternate DFO are considered nonmembers of the Committee. The
proposed Committee was selected based
upon nominations submitted through
the process identified in the Federal
Register (85 FR 7656) dated February 1,
2021, under the ‘‘Nominations’’ section.
The Secretary did not consider
nominations that were received in any
other manner or were received after the
deadline.
The Secretary proposes the following
14 Tribal representatives for the
Committee:
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Proposed committee member
Affiliation
W. Ron Allen, Chairman/CEO ..................................................................
Melanie Benjamin, Chief Executive ..........................................................
Richard Peterson, President ....................................................................
Michael Dolson, Councilman ....................................................................
Melanie Fourkiller, Director of Self-Governance ......................................
Russel (Buster) Attebery, Chairman ........................................................
Karen Fierro, Self-Governance Director ...................................................
Jamestown S’Klallam Tribe.
Mille Lacs Band of Ojibwe.
Central Council Tlingit and Haida Indian Tribes of Alaska.
The Confederated Salish and Kootenai Tribes of the Flathead Nation.
Choctaw Nation of Oklahoma.
Karuk Tribe.
Ak-Chin Indian Community.
The Secretary proposes the following
alternate Tribal representatives for the
Committee:
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Proposed alternate committee member
Affiliation
Sandra Sampson, Board Treasurer .........................................................
Jennifer Webster, Councilwoman .............................................................
Gerry Hope, Transportation Director, Former Tribal Leader ...................
Jody LaMere, Councilwoman ...................................................................
Jacklyn King, Secretary ............................................................................
Will Micklin, Second Vice President .........................................................
Annette Bryan, Council Member ..............................................................
IV. Proposed Federal Committee
Members
The Designated Federal Officer for the
Committee will be Ms. Vickie Hanvey,
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Confederated Tribes of the Umatilla Indian Reservation.
Oneida Nation.
Sitka Tribe of Alaska.
Chippewa Cree Tribe of the Rocky Boy’s Reservation.
Sac and Fox Nation.
Central Council Tlingit and Haida Indian Tribes of Alaska.
Puyallup Tribe of Indians.
Office of Self-Governance. The Secretary
proposes the following 12 Federal
representatives for the Committee:
Name
Affiliation
Sharee Freeman, Director ........................................................................
Bryan Shade, Attorney-Advisor ................................................................
Office of Self-Governance, Assistant Secretary—Indian Affairs.
Branch of Self-Governance and Economic Development, Office of the
Solicitor.
Bureau of Reclamation.
National Conservation Lands, Bureau of Land and Minerals Management.
U.S. Fish and Wildlife Service Head Quarters.
Office of the Assistant Secretary—Indian Affairs.
Vicki Cook, Native American and International Affairs Office ..................
Bryon Loosle, Division Chief ....................................................................
Scott Aikin, National Native American Programs Coordinator .................
Rose Petoskey, Senior Counselor to the Assistant Secretary—Indian
Affairs.
The Secretary proposes the following
alternate Federal representatives for the
Committee:
Name
Affiliation
Matt Kallappa, Northwest Field Office Manager ......................................
Jody Schwarz, Attorney-Advisor ..............................................................
Office of Self-Governance, Assistant Secretary—Indian Affairs.
Branch of Self-Governance and Economic Development, Office of the
Solicitor.
Bureau of Reclamation.
Bureau of Land and Minerals Management.
National Park Service.
Office of the Assistant Secretary—Indian Affairs.
Kelly Titensor, Native American Affairs Advisor ......................................
C. Dave Johnson, Tribal Liaison ..............................................................
Dorothy FireCloud, Native American Affairs Liaison ................................
Samuel Kohn, Senior Counselor to the Assistant Secretary—Indian Affairs.
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V. Comments
The Secretary solicited comments on
the proposal to establish the Committee
and received seven written responses
submitted through the process
identified in the Federal Register (86 FR
7656) dated February 1, 2021. The
Secretary did not consider comments
that were received in any other manner
or were received after the close of the
comment period. The written comments
were received from the Tribal SelfGovernance Title IV Task Force and the
following six Tribes: (1) Choctaw Nation
of Oklahoma, (2) Central Council Tlingit
and Haida Indian Tribes of Alaska, (3)
Squaxin Island Tribe, (4) Jamestown
S’Klallam Tribe, (5) Muscogee (Creek)
Nation, and (6) Sac and Fox Nation.
The Task Force and all Tribal
commenters except one indicated the
Committee should be exempt from the
Federal Advisory Committee Act
(FACA) based on the following:
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Members are either elected officials, or
employees with designated authority
from an elected official to act on their
behalf, and so the Committee should be
exempt from FACA under the
intergovernmental exemption in the
Unfunded Mandates Reform Act
(UMRA).
Response: The Unfunded Mandates
Reform Act (UMRA) excepts certain
committees from compliance with
FACA if the committee satisfies two
requirements. First, meetings between
Federal and Tribal governments must be
held exclusively between Federal
officials and elected officers of State,
local, and Tribal governments (or their
representatives acting in their official
capacities. Second, the meetings must
be solely for the purpose of exchanging
views, information or advice relating to
the management or implementation of
Federal programs established pursuant
to public law that explicitly or
inherently share intergovernmental
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responsibilities or administration. See 2
U.S.C. 154(b). The Self-Governance
PROGRESS Act Negotiated Rulemaking
Committee meets the first requirement
but not the second. The Committee is
convened to negotiate and promulgate
regulations to carry out relevant
provisions of the PROGRESS Act, not
simply to exchange views, information,
or advice on the management or
implementation of federal programs.
Accordingly, this Committee cannot be
exempted from FACA under UMRA.
All Tribal commenters and the Task
Force indicated support for using an
independent facilitation and six
specifically support using the services
of the Federal Conciliation and
Mediation Service (FMCS).
Response: Under 5 U.S.C. 565(c), DOI
may nominate either a person from the
Federal Government or a person from
outside the Federal Government to serve
as a facilitator for the negotiations of the
Committee, subject to the approval of
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the Committee by consensus. DOI will
consider the nomination of FMCS as a
facilitation team.
The Task Force and several of the
Tribal commenters indicated: (1)
Section IV of the notice was unclear
about the nomination of primary and
alternative representatives creating
confusion if a Tribe should submit a
primary and alternate, each region
submit a primary and alternate, or each
nomination should specify where it is
for the primary or alternate
representative; (2) the notice indicates
Committee members must be able to
attend all meetings but then states an
alternate who can fulfill the obligations
of membership should the primary be
unable to attend; (3) selection of
Committee members surrounds the use
of the terms representation of Tribes
with a geographic balance; (4) the
deadline was confusing and it seemed
contradictory to establish a hard
deadline but then state you will accept
additional nominations after the
deadline passes.
Response: (1) A Tribe or Tribal
Organization may submit either a
primary or alternate representative or
both. (2) Primary and alternate
candidates will both be expected to
attend all meetings. Primary
representatives are voting members.
Alternate representatives are expected
to attend all meetings to remain abreast
of discussions and to be prepared to
vote in the event the primary is
unavailable. (3) Proposed committee
membership was based upon elected
Tribal leadership or Tribal official,
Tribal size, balanced geographical
representation (by geographic region,
state, or other geographical
determination) (4) Section VI.
Nominations of this document clarifies
that additional nominations may be
offered after proposed committee
membership has been published.
The Task Force and two Tribal
commenters indicated: (1) Travel and
per diem provisions were hard to
decipher and, in some instances,
seemed contradictory; (2) the notice is
unclear with respect to who is
responsible for travel expense; (3)
provide travel support to all Tribal
representatives without evidence of
financial resources.
Response: The Negotiated Rulemaking
Act section 568(c) states that members
of a negotiated rulemaking committee
shall be responsible for their own
expenses of participation in such
committee, except that an agency may,
in accordance with section 7(d) of the
Federal Advisory Committee Act, pay
for a member’s reasonable travel and per
diem expenses, expenses to obtain
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technical assistance, and a reasonable
rate of compensation, if:
(1) Such member certifies a lack of
adequate financial resources to
participate in the committee; and
(2) 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 will follow the statutory
requirements within the Negotiated
Rulemaking Act as well as the Federal
Advisory Committee Act referenced
above. The DOI will provide travel and
per diem expenses for the Committee as
funding allows.
One Tribal commenter requested
clarification on: (1) Next steps for
submitting nominations on first Federal
Register notice; (2) submitting
nominations through a second Federal
Register notice and the deadline; (3)
inaugural meeting of the Committee.
Response: (1) Nominations submitted
through the process identified in the
Federal Register (85 FR 7656) dated
February 1, 2021, under the
‘‘Nominations’’ section closed on March
3, 2021. (2) Section VI Nominations of
this document allows for additional
nominations to be considered for this
Committee. (3) After considering
comments and nominations for Tribal
representatives, the DOI will publish a
Federal Register Notice of
Establishment and will indicate the
proposed meeting schedule.
VI. Nominations
If you are an Indian Tribe or Tribal
organization as defined in section 4(I) of
the Indian Self-Determination and
Education Assistance Act that is
currently participating in the Tribal
Self-Governance Program or that is not
currently participating in, but is
interested in participating in Tribal SelfGovernance Program, we invite you to
comment on the proposed nominations
in this document. If there is no adequate
representation of those interests that
will be significantly affected by a
proposed rule, we invite you to
nominate other persons for membership
on the Committee. The Committee
membership should reflect the diversity
of Tribal 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,
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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 to time and effort required
to attend and prepare for meetings; and
Æ Collaborate among diverse parties
in a consensus-seeking process.
The Secretary will consider
nominations for representatives only if
they are nominated through the process
identified in this notification of intent
and in the Federal Register notice of
intent at 86 FR 7656. The Secretary will
not consider any nominations received
in any other manner. The Secretary 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 (identified in this
document) 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; and
(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.
VII. Public Disclosure of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
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your entire nomination submission—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your submission to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
VIII. Authority
The Practical Reforms and Other
Goals To Reinforce the Effectiveness of
Self-Governance and Self-Determination
for Indian Tribes Act of 2019
(PROGRESS Act), Public Law 116–180
dated October 21, 2020.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2021–25401 Filed 11–22–21; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG–117575–21]
RIN 1545–BQ27
Prescription Drug and Health Care
Spending
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
Elsewhere in this issue of the
Federal Register, the IRS is issuing
temporary regulations that increase
transparency by requiring group health
plans and health insurance issuers in
the group and individual markets to
report information about prescription
drugs and health care spending to the
Department of Health and Human
Services (HHS), the Department of Labor
(DOL), and the Department of the
Treasury (the Departments). The IRS is
issuing the temporary regulations at the
same time that the Office of Personnel
Management (OPM), the Employee
Benefits Security Administration of
DOL, and the Office of Consumer
Information and Insurance Oversight of
HHS are issuing substantially similar
interim final rules with a request for
comments. The text of those temporary
regulations also serves as the text of
these proposed regulations.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on January 24, 2022.
ADDRESSES: In commenting, please refer
to file code REG–117575–21. Comments,
including mass comment submissions,
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SUMMARY:
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must be submitted in one of the
following three ways (please choose
only one of the ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–9905–IFC, P.O. Box 8016,
Baltimore, MD 21244–8016.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–9905–IFC,
Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
FOR FURTHER INFORMATION CONTACT:
Christopher Dellana, (202) 317–5500,
Internal Revenue Service, Department of
the Treasury, for issues related to
Surprise Billing.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. All comments received are
posted before the close of the comment
period on the following website as soon
as possible after they have been
received: https://regulations.gov. Follow
the search instructions on that website
to view public comments.
Proposed Applicability Date: These
regulations are generally proposed to
apply on and after December 27, 2021.
As discussed in the preamble to the
temporary regulations published
elsewhere in this issue of the Federal
Register, the Departments are
temporarily deferring enforcement
during the first year of applicability.
Background and Regulatory Impact
Analysis
The temporary regulations published
elsewhere in this issue of the Federal
Register add §§ 54.9825–1T, 54.9825–
2T, 54.9825–3T, 54.9825–4T, 54.9825–
5T, and 54.9825–6T to the
Miscellaneous Excise Tax Regulations.
The proposed and temporary
regulations are being published as part
of a joint rulemaking with the OPM,
DOL, and HHS. The text of those
temporary regulations also serves as the
text of these proposed regulations. The
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
66495
preamble to the temporary regulations
explains the temporary regulations and
provides a regulatory impact analysis.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) (RFA) imposes
certain requirements with respect to
Federal rules that are subject to the
notice and comment requirements of
section 553(b) of the Administrative
Procedure Act (5 U.S.C. 551 et seq.) and
that are likely to have a significant
economic impact on a substantial
number of small entities. Unless an
agency determines that a proposal is not
likely to have a significant economic
impact on a substantial number of small
entities, section 603 of the RFA requires
the agency to present an initial
regulatory flexibility analysis (IRFA) of
the proposed rule. The Treasury
Department and the IRS have not
determined whether the proposed
regulations, when finalized, will likely
have a significant economic impact on
a substantial number of small entities.
This determination requires further
study. However, because there is a
possibility of significant economic
impact on a substantial number of small
entities, an IRFA is provided in these
proposed regulations. The Treasury
Department and the IRS invite
comments on both the number of
entities affected and the economic
impact on small entities.
Pursuant to section 7805(f), this
notice of proposed rulemaking has been
submitted to the Chief Counsel of
Advocacy of the Small Business
Administration for comment on its
impact on small business.
1. Need for and Objectives of the Rule
The proposed regulations will
implement a reporting requirement for
prescription drug costs and other
medical expenses. Specifically, group
health plans and health insurance
issuers will submit key data, which the
Departments will use to report and
better understand prescription drug
pricing trends and their impact on
consumers’ premiums and out-of-pocket
costs. The reporting requirements apply
beginning with the data for the 2020
calendar year. This will allow the
Departments to better understand
national prescription drug costs and
identify major drivers of increases in
health care spending, which may aid in
examining variation of health care costs
across the country.
2. Affected Small Entities
The Small Business Administration
estimates in its 2020 Small Business
Profile that 99.9 percent of United States
E:\FR\FM\23NOP1.SGM
23NOP1
]]>Agencies
[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66491-66495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25401]
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DEPARTMENT OF THE INTERIOR
25 CFR Part 1000
[222A2100DD/AAKC001030/A0A501010.999900 253G]
Self-Governance PROGRESS Act Negotiated Rulemaking Committee
Establishment; Proposed Membership
AGENCY: Office of the Assistant Secretary--Indian Affairs, Interior.
ACTION: Proposed membership of Committee, notification of intent to
establish committee, and nominations.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of the Interior (DOI) is announcing the
proposed members to form the Self-Governance PROGRESS Act Negotiated
Rulemaking Committee (Committee). The Committee will 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) to revise the regulations on Tribal Self-Governance
Annual Funding Agreements Under the Tribal Self-Governance Act
Amendments to the Indian Self-Determination and Education Act. This
document solicits comments on the proposed membership and the proposal
to establish the Committee and invites additional nominations for
Committee members who will adequately represent the interests that are
likely to be significantly affected by the proposed rule. The Secretary
also proposes to appoint Federal representatives to the Committee as
listed.
DATES: Comments must be submitted no later than December 23, 2021.
ADDRESSES: Send comments and nominations to the Designated Federal
Officer, Vickie Hanvey, by any of the following methods:
[[Page 66492]]
(Preferred method) Email to: [email protected];
Mail, hand-carry or use an overnight courier service to
the Designated Federal Officer, Ms. Vickie Hanvey, Office of the
Assistant Secretary--Indian Affairs, 1849 C Street NW, Mail Stop 4660,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer, 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 and
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 the
self-governance relationship between the United States and Indian
Tribes. The purpose of the Committee is to serve as an advisory
committee under the Federal Advisory Committee Act (FACA) and the
Negotiated Rulemaking Act (NRA). 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.
II. Proposed Work of the Committee
The objectives of the Committee are to represent the interests that
will be significantly affected by the final regulations, negotiate in
good faith, and reach consensus, where possible, on recommendations to
the Secretary for the proposed regulations.
The Committee will be charged, consistent with subchapter IV
regarding the Tribal Self-Governance Program, with developing proposed
regulations to implement the PROGRESS Act's provisions regarding the
DOI's Self-Governance Program. The proposed regulations will be
considered by the Secretary and subject to government-to-government
consultation.
The Committee will be 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 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. The Office of
Self-Governance has dedicated resources required to: ensure the
Committee is able to conduct meetings, provide technical assistance,
and provide any additional support required to fulfill the Committee's
responsibilities.
III. Proposed Tribal Committee Members
On February 1, 2021, the Office of Assistant Secretary--Indian
Affairs (AS-IA) published a Federal Register notice of intent (86 FR
7656) requesting comments and nominations for Tribal representatives
for the Committee. The comment period for that notice of intent closed
March 3, 2021.
Within the notice, AS-IA solicited comments on the proposal to
establish the Committee, including comments on any additional interests
not identified. AS-IA solicited nominations from Indian Tribes and
Tribal organizations as defined in section 4(I) 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,
the Tribal Self-Governance Program and who would be affected by the
final rule. AS-IA requested that these Tribes and Tribal organizations
nominate representatives to serve on the Committee.
The Secretary has selected 14 Tribal representatives (7 Primary, 7
Alternate) for the Committee and 12 Federal representatives (6 Primary,
6 Alternate) for the Committee, for a proposed total of 26 members (13
Primary, 13 Alternate). Primary representatives are voting members.
Both primary and alternate representatives are expected to attend all
meetings. Alternate representatives are to remain abreast of
discussions and to be prepared to vote in the event the Primary is
unavailable. The Designated Federal Officer (DFO) and Alternate DFO are
considered non-members of the Committee. The proposed Committee was
selected based upon nominations submitted through the process
identified in the Federal Register (85 FR 7656) dated February 1, 2021,
under the ``Nominations'' section. The Secretary did not consider
nominations that were received in any other manner or were received
after the deadline.
The Secretary proposes the following 14 Tribal representatives for
the Committee:
------------------------------------------------------------------------
Proposed committee member Affiliation
------------------------------------------------------------------------
W. Ron Allen, Chairman/CEO............. Jamestown S'Klallam Tribe.
Melanie Benjamin, Chief Executive...... Mille Lacs Band of Ojibwe.
Richard Peterson, President............ Central Council Tlingit and
Haida Indian Tribes of Alaska.
Michael Dolson, Councilman............. The Confederated Salish and
Kootenai Tribes of the
Flathead Nation.
Melanie Fourkiller, Director of Self- Choctaw Nation of Oklahoma.
Governance.
Russel (Buster) Attebery, Chairman..... Karuk Tribe.
Karen Fierro, Self-Governance Director. Ak-Chin Indian Community.
------------------------------------------------------------------------
The Secretary proposes the following alternate Tribal
representatives for the Committee:
[[Page 66493]]
------------------------------------------------------------------------
Proposed alternate committee member Affiliation
------------------------------------------------------------------------
Sandra Sampson, Board Treasurer........ Confederated Tribes of the
Umatilla Indian Reservation.
Jennifer Webster, Councilwoman......... Oneida Nation.
Gerry Hope, Transportation Director, Sitka Tribe of Alaska.
Former Tribal Leader.
Jody LaMere, Councilwoman.............. Chippewa Cree Tribe of the
Rocky Boy's Reservation.
Jacklyn King, Secretary................ Sac and Fox Nation.
Will Micklin, Second Vice President.... Central Council Tlingit and
Haida Indian Tribes of Alaska.
Annette Bryan, Council Member.......... Puyallup Tribe of Indians.
------------------------------------------------------------------------
IV. Proposed Federal Committee Members
The Designated Federal Officer for the Committee will be Ms. Vickie
Hanvey, Office of Self-Governance. The Secretary proposes the following
12 Federal representatives for the Committee:
------------------------------------------------------------------------
Name Affiliation
------------------------------------------------------------------------
Sharee Freeman, Director............... Office of Self-Governance,
Assistant Secretary--Indian
Affairs.
Bryan Shade, Attorney-Advisor.......... Branch of Self-Governance and
Economic Development, Office
of the Solicitor.
Vicki Cook, Native American and Bureau of Reclamation.
International Affairs Office.
Bryon Loosle, Division Chief........... National Conservation Lands,
Bureau of Land and Minerals
Management.
Scott Aikin, National Native American U.S. Fish and Wildlife Service
Programs Coordinator. Head Quarters.
Rose Petoskey, Senior Counselor to the Office of the Assistant
Assistant Secretary--Indian Affairs. Secretary--Indian Affairs.
------------------------------------------------------------------------
The Secretary proposes the following alternate Federal
representatives for the Committee:
------------------------------------------------------------------------
Name Affiliation
------------------------------------------------------------------------
Matt Kallappa, Northwest Field Office Office of Self-Governance,
Manager. Assistant Secretary--Indian
Affairs.
Jody Schwarz, Attorney-Advisor......... Branch of Self-Governance and
Economic Development, Office
of the Solicitor.
Kelly Titensor, Native American Affairs Bureau of Reclamation.
Advisor.
C. Dave Johnson, Tribal Liaison........ Bureau of Land and Minerals
Management.
Dorothy FireCloud, Native American National Park Service.
Affairs Liaison.
Samuel Kohn, Senior Counselor to the Office of the Assistant
Assistant Secretary--Indian Affairs. Secretary--Indian Affairs.
------------------------------------------------------------------------
V. Comments
The Secretary solicited comments on the proposal to establish the
Committee and received seven written responses submitted through the
process identified in the Federal Register (86 FR 7656) dated February
1, 2021. The Secretary did not consider comments that were received in
any other manner or were received after the close of the comment
period. The written comments were received from the Tribal Self-
Governance Title IV Task Force and the following six Tribes: (1)
Choctaw Nation of Oklahoma, (2) Central Council Tlingit and Haida
Indian Tribes of Alaska, (3) Squaxin Island Tribe, (4) Jamestown
S'Klallam Tribe, (5) Muscogee (Creek) Nation, and (6) Sac and Fox
Nation.
The Task Force and all Tribal commenters except one indicated the
Committee should be exempt from the Federal Advisory Committee Act
(FACA) based on the following: Members are either elected officials, or
employees with designated authority from an elected official to act on
their behalf, and so the Committee should be exempt from FACA under the
intergovernmental exemption in the Unfunded Mandates Reform Act (UMRA).
Response: The Unfunded Mandates Reform Act (UMRA) excepts certain
committees from compliance with FACA if the committee satisfies two
requirements. First, meetings between Federal and Tribal governments
must be held exclusively between Federal officials and elected officers
of State, local, and Tribal governments (or their representatives
acting in their official capacities. Second, the meetings must be
solely for the purpose of exchanging views, information or advice
relating to the management or implementation of Federal programs
established pursuant to public law that explicitly or inherently share
intergovernmental responsibilities or administration. See 2 U.S.C.
154(b). The Self-Governance PROGRESS Act Negotiated Rulemaking
Committee meets the first requirement but not the second. The Committee
is convened to negotiate and promulgate regulations to carry out
relevant provisions of the PROGRESS Act, not simply to exchange views,
information, or advice on the management or implementation of federal
programs. Accordingly, this Committee cannot be exempted from FACA
under UMRA.
All Tribal commenters and the Task Force indicated support for
using an independent facilitation and six specifically support using
the services of the Federal Conciliation and Mediation Service (FMCS).
Response: Under 5 U.S.C. 565(c), DOI may nominate either a person
from the Federal Government or a person from outside the Federal
Government to serve as a facilitator for the negotiations of the
Committee, subject to the approval of
[[Page 66494]]
the Committee by consensus. DOI will consider the nomination of FMCS as
a facilitation team.
The Task Force and several of the Tribal commenters indicated: (1)
Section IV of the notice was unclear about the nomination of primary
and alternative representatives creating confusion if a Tribe should
submit a primary and alternate, each region submit a primary and
alternate, or each nomination should specify where it is for the
primary or alternate representative; (2) the notice indicates Committee
members must be able to attend all meetings but then states an
alternate who can fulfill the obligations of membership should the
primary be unable to attend; (3) selection of Committee members
surrounds the use of the terms representation of Tribes with a
geographic balance; (4) the deadline was confusing and it seemed
contradictory to establish a hard deadline but then state you will
accept additional nominations after the deadline passes.
Response: (1) A Tribe or Tribal Organization may submit either a
primary or alternate representative or both. (2) Primary and alternate
candidates will both be expected to attend all meetings. Primary
representatives are voting members. Alternate representatives are
expected to attend all meetings to remain abreast of discussions and to
be prepared to vote in the event the primary is unavailable. (3)
Proposed committee membership was based upon elected Tribal leadership
or Tribal official, Tribal size, balanced geographical representation
(by geographic region, state, or other geographical determination) (4)
Section VI. Nominations of this document clarifies that additional
nominations may be offered after proposed committee membership has been
published.
The Task Force and two Tribal commenters indicated: (1) Travel and
per diem provisions were hard to decipher and, in some instances,
seemed contradictory; (2) the notice is unclear with respect to who is
responsible for travel expense; (3) provide travel support to all
Tribal representatives without evidence of financial resources.
Response: The Negotiated Rulemaking Act section 568(c) states that
members of a negotiated rulemaking committee shall be responsible for
their own expenses of participation in such committee, except that an
agency may, in accordance with section 7(d) of the Federal Advisory
Committee Act, pay for a member's reasonable travel and per diem
expenses, expenses to obtain technical assistance, and a reasonable
rate of compensation, if:
(1) Such member certifies a lack of adequate financial resources to
participate in the committee; and
(2) 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 will follow the statutory requirements within the
Negotiated Rulemaking Act as well as the Federal Advisory Committee Act
referenced above. The DOI will provide travel and per diem expenses for
the Committee as funding allows.
One Tribal commenter requested clarification on: (1) Next steps for
submitting nominations on first Federal Register notice; (2) submitting
nominations through a second Federal Register notice and the deadline;
(3) inaugural meeting of the Committee.
Response: (1) Nominations submitted through the process identified
in the Federal Register (85 FR 7656) dated February 1, 2021, under the
``Nominations'' section closed on March 3, 2021. (2) Section VI
Nominations of this document allows for additional nominations to be
considered for this Committee. (3) After considering comments and
nominations for Tribal representatives, the DOI will publish a Federal
Register Notice of Establishment and will indicate the proposed meeting
schedule.
VI. Nominations
If you are an Indian Tribe or Tribal organization as defined in
section 4(I) of the Indian Self-Determination and Education Assistance
Act that is currently participating in the Tribal Self-Governance
Program or that is not currently participating in, but is interested in
participating in Tribal Self-Governance Program, we invite you to
comment on the proposed nominations in this document. If there is no
adequate representation of those interests that will be significantly
affected by a proposed rule, we invite you to nominate other persons
for membership on the Committee. The Committee membership should
reflect the diversity of Tribal 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 to time and effort required to attend and prepare for
meetings; and
[cir] Collaborate among diverse parties in a consensus-seeking
process.
The Secretary will consider nominations for representatives only if
they are nominated through the process identified in this notification
of intent and in the Federal Register notice of intent at 86 FR 7656.
The Secretary will not consider any nominations received in any other
manner. The Secretary 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 (identified in
this document) 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; and
(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.
VII. Public Disclosure of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that
[[Page 66495]]
your entire nomination submission--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your submission to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
VIII. Authority
The Practical Reforms and Other Goals To Reinforce the
Effectiveness of Self-Governance and Self-Determination for Indian
Tribes Act of 2019 (PROGRESS Act), Public Law 116-180 dated October 21,
2020.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2021-25401 Filed 11-22-21; 8:45 am]
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