[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32078]


[[Page Unknown]]

[Federal Register: December 29, 1994]


      
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Part IX

Department of the Interior
Bureau of Indian Affairs

25 CFR Ch. 1

Department of Health and Human Services
Indian Health Service
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42 CFR Part 36




Indian Self-Determination Negotiated Rulemaking Committee; Proposed 
Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Chapter I

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

42 CFR Part 36

 
Indian Self-Determination Negotiated Rulemaking Committee

AGENCY: Bureau of Indian Affairs, Interior. Indian Health Service, HHS.

ACTION: Notice to establish a negotiated rulemaking committee.

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SUMMARY: As required by section 3 of the Negotiated Rulemaking Act of 
1990, 5 U.S.C. 564, The Department of the Interior (DOI) and the 
Department of Health and Human Services (DHHS) are giving notice of 
their intention to establish an Indian Self-Determination Negotiated 
Rulemaking Committee to negotiate and develop a proposed rule 
implementing the Indian Self-Determination and Education Assistance Act 
(ISDEAA), Pub. L. 93-638, 25 U.S.C. 450 et seq., as amended. DOI and 
DHHS have determined that the creation of this committee is required by 
the Indian Self-Determination Contract Reform Act of 1994 once the 
agencies have decided to develop proposed regulations implementing the 
ISDEAA, is in the public interest and will assist the agencies in 
developing regulations authorized under section 107 of the ISDEAA. 
Copies of the Committee's charter will be filed with the appropriate 
committees of Congress and with the Library of Congress in accordance 
with section 9(c) of the Federal Advisory Committee Act (FACA), 5 
U.S.C. App.

DATES: DOI and DHHS invite any interested party to comment on the 
proposal to create this negotiated rulemaking committee on or before 
January 30, 1995. In addition, DOI and DHHS invite persons who believe 
that they will be significantly affected by the proposed rule and who 
believe that their interests will not be adequately represented by the 
persons identified in this Notice to apply for, or nominate other 
persons for, membership on the negotiated rulemaking committee, by 
submitting applications on or before January 30, 1995. Each application 
must contain the information described in the ``Application for 
Membership'' section below.

ADDRESSES: Please submit comments and applications to: Mr. James 
Thomas, Chief, Division of Self-Determination Services, Bureau of 
Indian Affairs, U.S. Department of the Interior, MS 4627-MIB, 1849 C. 
St, NW., Washington, DC 20240. Comments and applications received will 
be available for inspection at the address listed above from 9:00 a.m. 
to 3:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:
Mr. James Thomas, Chief, Division of Self-Determination Services, 
Bureau of Indian Affairs, at the address listed above, or by telephone 
at (202) 208-3705; or Athena Schoening, Deputy Associate Director, 
Office of Tribal Activities, Indian Health Services, 5600 Fishers Lane, 
Parklawn Building, Room 6A-19, Rockville, Maryland 20857, Telephone 
(301) 443-6840 or 1104/1044.

SUPPLEMENTARY INFORMATION: The Indian Self-Determination Contract 
Reform Act of 1994, Title I of the Indian Self-Determination Act 
Amendments of 1994, significantly amended numerous provisions of the 
ISDEAA, including section 107 of the ISDEAA (promulgation of rules and 
regulations). Under the amended section 107 of the ISDEAA, the 
Secretaries of the Interior and Health and Human Services are not 
authorized to promulgate implementing regulations, except in specific 
areas. Regulations must be promulgated pursuant to the Administrative 
Procedure Act (APA) as a single set of regulations in 25 CFR within 18 
months of the date of enactment of the Contract Reform Act, after which 
date regulatory authority expires.
    A new section 107(d) has been added to the ISDEAA requiring the 
Secretaries to confer with, and allow for active participation by, 
representatives of Indian tribes, tribal organizations, and individual 
tribal members, in drafting and promulgating regulations. This new 
subsection also specifies that in formulating proposed regulations, the 
Secretaries must follow the guidance of the Negotiated Rulemaking Act 
of 1990, and the recommendations of the Administrative Conference of 
the United States numbered 82-4 and 85-5 entitled ``Procedures for 
Negotiating Proposed Regulations.'' It also permits Indian tribes, 
tribal organizations, and individual tribal members to nominate their 
representatives in the proposed regulation negotiation process, but 
requires inclusion of tribal representatives from all geographic 
regions.

Scope of the Proposed Rule

    The Indian Self-Determination Contract Reform Act of 1994 amended 
section 107 of the ISDEAA to authorize the Secretaries of Interior and 
Health and Human Services to promulgate regulations relating only to 
the following areas: (1) Federal Tort Claims Act; (2) Contract Disputes 
Act; (3) declination procedures; (4) waiver procedures; (5) appeal 
procedures; (6) reassumption procedures; (7) discretionary (section 103 
of the ISDEAA) grant procedures; (8) property donation procedures 
(section 105(f) of the ISDEAA); (9) internal agency procedures relating 
to the implementation of the ISDEAA; (10) retrocession procedures; (11) 
tribal organization relinquishment procedures; (12) contract proposal 
contents; (13) conflicts of interest; (14) construction; (15) 
programmatic reports and data requirements; (16) procurement standards; 
(17) property management standards; and (18) financial management 
standards.
    It is anticipated that the negotiated rulemaking committee will 
develop proposed regulations in all of the above-referenced areas.

List of Interests Significantly Affected

    A limited number of identifiable interests will be significantly 
affected by the rule. Those parties are Indian tribes, tribal 
organizations as defined in section 4(l) of the ISDEAA, and individual 
tribal members, including owners of allotted Indian lands. Other 
parties who believe they are likely to be significantly affected by the 
rule may apply for membership on the committee pursuant to the 
``Application for Membership'' section below.

Proposed Agenda and Schedule for Publication of Proposed Rule

    It has been determined that the members of the negotiated 
rulemaking committee will determine the agenda for the committee's 
work. The Indian Self-Determination Contract Reform Act of 1994 
requires proposed rules to be published in the Federal Register within 
six months of enactment of the Act. The President signed the 
legislation on October 25, 1994. Therefore, proposed regulations must 
be published on or before April 25, 1995.

Negotiation Procedures

    The following procedures and guidelines will apply to the 
negotiated rulemaking committee, if formed, unless they are modified as 
a result of comments received on this Notice or during the negotiation 
process.
    DOI and DHHS will use a neutral facilitator. The facilitator will 
not be involved with the substantive development or enforcement of the 
regulation. The facilitator's role is to help the negotiation process 
run smoothly, and help participants define and reach consensus.
    The members of the committee, with the assistance of the 
facilitator, may adopt procedures for committee meetings which they 
consider most appropriate.
    The goal of the negotiating process is for the committee to reach 
consensus on the proposed rule. Consensus means unanimous concurrence 
among the interests represented unless the committee agrees to define 
such term to mean general but not unanimous concurrence, or agrees upon 
another specified definition.
    If the committee reaches consensus on the proposed rule, the 
committee shall transmit a report containing the proposed rule to the 
Secretaries of DOI and DHHS at the conclusion of negotiations. If the 
committee does not reach consensus on the proposed rule, it may 
transmit a report specifying any areas in which it did reach consensus, 
and any other recommendation it considers appropriate, including 
dissenting views of committee members. Parties to the negotiation may 
withdraw at any time. If this happens, the remaining committee members 
will evaluate whether the committee should continue.
    Meetings will be held in the Washington area, or in another 
location, at the convenience of the committee. DOI and DHHS will 
announce committee meetings in the Federal Register. Such meetings will 
be open to the public.

Records of Meetings

    In accordance with the requirements of the Federal Advisory 
Committee Act, 5 U.S.C. Appx., DOI and DHHS will keep a record of all 
committee meetings.

Administrative Support

    To the extent authorized by law, the BIA and IHS will provide joint 
funding of the costs of the committee, as well as administrative 
support and technical assistance, including logistical support 
services, for the activities of the committee. The Indian Self-
Determination Contract Reform Act of 1994 amends section 107 of the 
ISDEAA to specifically authorize the Secretaries of Interior and Health 
and Human Services to jointly establish and fund such interagency 
committees or other interagency bodies, including advisory bodies 
comprised of tribal representatives, as may be necessary to carry out 
the provisions of the ISDEAA, notwithstanding any other provision of 
law (including any regulation).

Committee Membership

    The Secretaries of the Interior and Health and Human Services have 
determined that the proper functioning of the committee requires that 
committee membership not be limited to 25 members in order to achieve 
balanced membership and representation from all geographic regions as 
required by Section 107 of the ISDEAA. The following membership for the 
Indian Self-Determination Negotiated Rulemaking Committee is proposed:

Department of the Interior

    DOI membership will be composed of the following ten members:

Assistant Secretary--Indian Affairs

Robyn York, Acting Chief, Division of Housing Assistance
James J. Thomas, Chief, Division of Self-Determination Services

Assistant Secretary Policy Management and Budget

Dolores Chacon, Director, Office of National Service and Education 
Partnerships

Assistant Secretary Fish, Wildlife and Parks

Joe Doddridge, Staff Assistant to the Assistant Secretary

Assistant Secretary Land and Minerals Management

Walt Rosenbusch, Special Assistant to the Assistant Secretary

Assistant Secretary Water and Science

John Cunningham, Procurement Analyst

Office of the Solicitor

Pat Patterson, Assistant Solicitor, Division of General Law
George Skibine, Attorney, Division of Indian Affairs

Office of the Secretary

Juliette Falkner, Deputy Director, Office of Regulatory Affairs
Edward B. Cohen, Counselor to the Secretary

Department of Health and Human Services

    DHHS membership will be composed of the following five members:

Indian Health Service

(Two Representatives)

Office of Assistant Secretary for Health

(One Representative)

Office of Assistant Secretary for Management and Budget

(One Represenative)

Office of General Counsel

(One Representative)

Representatives of Tribes, Tribal Organizations, and Individual Indians

    DOI and DHHS propose that tribal membership will be composed of the 
following 48 members:

Aberdeen

Verna Bailey, Human Development Manager, Standing Rock Sioux Tribe
Judy Kessler, Finance Officer, Cheyenne River Sioux Tribe
Anita Whipple, Health Director, Rosebud Sioux Tribe
Roger Trudell, Administrative Officer, Santee Sioux Tribe

Albuquerque

Wendell Chino, President, Mescalero Apache Tribe
Ron Demaray, Director, Administrative Services, Ramah Navajo School 
Board
Paul Swazo, Governor, Pueblo of Tesuque
Lloyd Tortalita, Director of Education Acoma Pueblo, Represents ten 
Southern Governors on 638 Committee: Acoma, Cochiti, Isleta, Jemez, 
Sandia, Santa Ana, Santo Domingo, San Felipe, Ysleta, Zia

Anadarko/Oklahoma City

Gaylon Franklin, Executive Director, Office of Self-Governance, 
Absentee-Shawnee Tribe of Indians
James Factor, Vice Chief, Seminole Nation of Oklahoma
Gary McAdams, President, Wichita and Affiliated Tribes
Ed Mouss, Public Health Director, Creek Nation

Billings

Clara Spotted Elk, Vice Chairman, Northern Cheyenne Tribe
Janice Hawley, Secretary/Treasury, Fort Belknap Community Council
Catherine Keene, Controller/Finance Officer, Shoshone Business 
Council
Marlene Bear Walter, Chairman of the Culture Committee, Blackfeet 
Tribe

Eastern/Nashville

Jerry Pardilla, Governor, Penobscot Nation
James T. Martin, Tribal Administrator, Poarch Band of Creek Indians
Buford L. Rolin, Health Director, Poarch Band of Creek Indians
Michael Sockalexis, Tribal Information Liaison, United South and 
Eastern Tribes, Inc.

Juneau/Alaska

Katherine Grosdidier, Executive Director, South Central Foundation
Gail Schubert, Attorney at Law (Birch, Horton, Bittner and Cherot), 
Alaska Native Health Board
Margaret Roberts, President of the Kodiak Tribal Council, Shoonag 
Tribe
Joe Llanos, Executive Director, Alaska Inter-Tribal Council

Minneapolis/Bemidji

Deanna Bauman, Health Administrator, Oneida Community Health Center
John Lufkins, Executive Director, Bay Mills Executive Council
Kenneth Meshigaud, Chairman, Hannahville Tribal Council
Tom Ross, Member-at-Large, Upper Sioux Board of Trustees

Muskogee

Bill Anoatubby, Governor, Chickasaw Nation of Oklahoma
Mike Factor, Treasurer, Creek Nation of Oklahoma
Charles Head, Self-Governance Coordinator, Cherokee Nation of 
Oklahoma
Jack Ferguson, Tribal Treasurer/Cabinet Level Person over Health 
Services, Choctaw Nation of Oklahoma

Navajo

Allen Begay, Chief Executive, Navajo Nation
M. Skip Curley, Contracting Officer, Navajo Nation
Lydia Pourier, Director, Navajo Health Department, Navajo Nation
Milton Bluehouse, Council Delegate, Navajo Nation

Phoenix/Tucson

Margo Cowan, Staff Attorney, Executive Office, Tohono O'Odham Nation
Carmen Juan, Contract Specialist, Tohono O'Odham Nation
Lucille Encinas, Contract Specialist, Tohono O'Odham Nation
David Ramierz, Council Member, Pascua Yaqui Tribe

Portland

Julia Davis, Chairperson, Northwest Portland Area Indian Health 
Board
Donna L. Starr, Health Director, Muckleshoot Tribe
Bruce Wynne, President, Affiliated Tribes of the Northwest
Ken Smith, Chief Executive Officer, Confederated Tribes of Warm 
Springs

Sacramento/California

Anthony Largo, Chairman, Santa Rosa Reservation
Dale Risling, Chairman, Hoopa Valley Reservation
Darlene Cummings, Chairman, Mooretown Rancheria
Joseph Saulque, Vice Chairman, Benton Paiute Reservation

    In addition to the 48 tribal representatives identified above, DOI 
solicits individual tribal members, including owners of allotted Indian 
land, whose interests will be significantly affected by the rule to 
submit nominations for membership on the Indian Self-Determination 
Negotiated Rulemaking Committee.

Application for Membership

    Persons who believe that they will be significantly affected by 
regulations implementing Title I of the ISDEAA and who believe that 
their interests will not be adequately represented by any person 
identified in the ``Committee Membership'' section above, may apply 
for, or nominate another person for, membership on the Indian Self-
Determination Negotiated Rulemaking Committee. Each application or 
nomination shall include:
    1. The name of the applicant or nominee and a description of the 
interest(s) such person will represent.
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person proposed to 
represent.
    3. A written commitment that the applicant or nominee will actively 
participate in good faith in the development of the proposed rule.
    4. The reasons that the proposed members of the committee 
identified above do not represent the interests of the person 
submitting the application or nomination.
    To be considered, the application must be received by the close of 
business on January 30, 1995 at the location indicated in the 
``Address'' section above.
    DOI and DHHS will give full consideration to all applications and 
nominations timely submitted. The decision to add a person to the 
Indian Self-Determination Negotiated Rulemaking Committee will be based 
on whether an interest of that person will be significantly affected by 
the proposed rule, whether that interest is already adequately 
represented on the Committee, and if not, whether the applicant or 
nominee would adequately represent it.

    Dated: December 22, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs, DOI.
    Dated: December 20, 1994.
Michael Trujillo,
Assistant Surgeon General, Director, Indian Health Service, DHHS.
[FR Doc. 94-32078 Filed 12-28-94; 8:45 am]
BILLING CODE 4160-16-M; 4310-02-M