[Senate Report 118-38]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 90
118th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {      118-38

====================================================================== 


 
A BILL TO AMEND THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 
    ACT TO EXTEND THE DEADLINE FOR THE SECRETARY OF THE INTERIOR TO 
PROMULGATE REGULATIONS IMPLEMENTING TITLE IV OF THAT ACT, AND FOR OTHER 
                                PURPOSES

                                _______
                                

                  June 8, 2023.--Ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1308]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill, (S. 1308), A bill to amend the Indian Self-Determination 
and Education Assistance Act to extend the deadline for the 
Secretary of the Interior to promulgate regulations 
implementing title IV of that Act, and for other purposes, 
having considered the same, reports favorably thereon, with an 
amendment in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                PURPOSE

    S. 1308 would make a technical amendment to the PROGRESS 
for Indian Tribes Act by extending the deadlines for issuing 
proposed and final rules pursuant to negotiated rulemaking.

                               BACKGROUND

    The PROGRESS for Indian Tribes Act was signed into law on 
October 21, 2020 with the goal of streamlining and improving 
the consistency of the U.S. Department of the Interior's 
process for approving self-governance contracts and compacts 
and annual funding agreements for Indian programs. The Act 
authorized a negotiated rulemaking committee to issue a final 
rule implementing the law. The legislation also set July 21, 
2022 as the deadline to issue a proposed rule, and April 21, 
2023 as the deadline to issue a final rule and sunset the 
committee.

                          NEED FOR LEGISLATION

    Following the passage of the Act, the Department appointed 
a Designated Federal Officer to stand up and support the 
rulemaking committee within days. However, the logistical 
aspects of forming the committee took longer than is customary 
for a negotiated rulemaking due to the COVID-19 pandemic and 
transition between administrations. Additionally, the committee 
uses a consensus-based model of negotiation (``negotiated 
rulemaking''), which takes additional time beyond a traditional 
rulemaking.
    The committee was in the process of completing its 
negotiated rulemaking, but had to pause progress when the 
statutory deadline of April 21 to issue a final rule arrived. 
As such, an extension is needed for their work to continue.

                    SUMMARY OF THE BILL, AS AMENDED

    As amended, S. 1308 would make a technical amendment to the 
PROGRESS for Indian Tribes Act, extending the deadlines for 
issuing a proposed rule and a final rule to December 21, 2023 
and December 21, 2024, respectively.

                          LEGISLATIVE HISTORY

    Senator Hoeven (R-ND) and Senator Smith (D-MN) introduced 
S. 1308 on April 26, 2023. On the same day, the Senate referred 
the bill to the Committee on Indian Affairs. On May 3, 2023, 
the Committee met at a duly convened business meeting to 
consider S. 1308. Senators Hoeven and Smith filed one untimely 
amendment striking language in the bill extending the deadlines 
for issuing a proposed rule and a final rule to September 21, 
2023 and September 21, 2024, respectively, and replacing it 
with language to extend those deadlines to December 21, 2023 
and December 21, 2024. With the concurrence of the Chairman and 
Vice Chairman, the Committee considered the amendment, which it 
adopted, and ordered S. 1308, as amended, reported favorably by 
voice vote. There is currently no companion bill in the House 
of Representatives.
    116th Congress. S. 209, the PROGRESS for Indian Tribes Act, 
was introduced in the Senate on January 24, 2019, by Senators 
Hoeven (R-ND), Udall (D-NM), Barrasso (R-WY), and Smith (D-MN). 
Senator Cantwell (D-WA) was added as a co-sponsor on January 
29, 2019. On January 29, 2019, the Committee held a duly called 
business meeting at which S. 209 was considered, and the 
Committee ordered the bill reported favorably to the Senate on 
April 29, 2019. On June 27, 2019, S. 209 passed the Senate, 
without amendment, by voice vote. The next day, S. 209 was 
referred to the House Committee on Natural Resources. On July 
3, 2019, the bill was further referred to the Subcommittee on 
Indigenous Peoples of the United States. On July 16, 2019, the 
Subcommittee held a hearing on the House version of the bill, 
H.R. 2031, introduced by Representative Deb Haaland (D-NM).
    On December 5, 2019 the Subcommittee discharged the bill by 
unanimous consent and the full Committee held a mark-up and 
adopted the bill without amendment. S. 209 was ordered 
favorably reported by a roll call vote of 22-10. S. 209 was 
considered under suspension of the rules and passed the House 
by voice vote on September 21, 2020. The bill was presented to 
the President on October 9, 2020 and signed into law on October 
21, 2020 as the PROGRESS for Indian Tribes Act (Pub. L. No. 
116-180).

       SECTION-BY-SECTION ANALYSIS OF S. 1308 AS ORDERED REPORTED

Section 1--Extension of Deadline to Promulgate Certain Regulations

    This section amends the Indian Self-Determination and 
Education Assistance Act to extend the period for publishing 
proposed regulations from 21 months after enactment of the 
PROGRESS for Indian Tribes Act to 38 months after enactment, 
and to extend the authority to promulgate regulations from 30 
months after enactment to 50 months after enactment.

                   COST AND BUDGETARY CONSIDERATIONS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 1308 would extend deadlines for the Department of the 
Interior to issue rules for the Tribal Self-Governance program. 
Under current law, the department was required to submit a 
proposed rule within 21 months and the final rule within 30 
months of October 21, 2020. The bill would extend those periods 
to 38 months and 50 months, respectively. CBO estimates that 
implementing S. 1308 would cost $1 million over two years, 
primarily to cover the additional costs of staff time, 
facilitators, and travel for tribes involved in the rulemaking; 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contact for this estimate is Julia Aman. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 1308 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 1308.

                        CHANGES IN EXISTING LAW

    On February 11, 2021, the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]