[Federal Register Volume 66, Number 51 (Thursday, March 15, 2001)]
[Proposed Rules]
[Pages 15063-15064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6549]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 36


Establishment of the Negotiated Rulemaking Committee on Joint 
Tribal and Federal Self-Governance

AGENCY: Indian Health Service, HHS.

ACTION: Establishment of the Negotiated Rulemaking Committee on Joint 
Tribal and Federal Self-Governance.

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SUMMARY: Notice is hereby given that the Secretary of Health and Human 
Services has established a Negotiated Rulemaking Committee on Joint 
Tribal and Federal Self-Governance (Committee) to negotiate and develop 
a proposed rule implementing the Tribal Self-Governance Amendments of 
2000 (the Act). It is our intent to publish the proposed rule for 
notice and comment no later than one year after the date of enactment 
of the Act (August 18, 2000 + one year), as required by section 
517(a)(2) of the Act.

FOR FURTHER INFORMATION CONTACT: Paula Williams, Director, Office of 
Tribal Self-Governance, Indian Health Service, 5600 Fishers Lane, Room 
5A-55, Rockville, MD 20857, Telephone 301-443-7821. (This is not a 
toll-free number.)

SUPPLEMENTARY INFORMATION: The Notice of Intent to establish the 
Negotiated Rulemaking Committee on Joint Tribal and Federal Self-
Governance (Committee) was published in the Federal Register on 
December 5, 2000 (65 FR 75906). In the Notice of Intent, we proposed a 
rulemaking committee of representatives from 12 self-governance tribes, 
11 non self-governance tribes, and 7 federal officials totaling 30 
members. The Notice of Intent established a deadline of January 4, 
2001, for submission of written comments. We received 20 written 
comments that fell into three categories. The first included comments 
recommending that a greater majority of self-governance tribes be 
represented on the Committee with some specifying a 2/3 majority and 
others a 2/1 majority over non self-governance tribal representatives. 
The second category included comments recommending that the federal 
representation include a person at the Area Office or field level. The 
third category included four nominations for individuals to serve on 
the Committee as well as comments endorsing and/or agreeing to serve on 
the Committee.
    The comments provided valuable input from tribes, organizations, 
and individuals that have an interest in the proposed rule. However, in 
order to change the composition as suggested by the comments, the 
Committee would need to be increased to more than 30 members. Carrying 
out the negotiated rulemaking process with a committee larger than 30 
members could be cumbersome and reaching consensus could present a 
challenge, particularly within the limited timeframe in which the 
Committee is authorized to promulgate the rules.
    Section 517(b) of the Act (Pub. L. 106-260) specifies the 
following:

    (1) In General--A negotiated rulemaking committee established 
pursuant to Section 565 of Title 5, United States Code, to carry out 
this section shall have as its members only Federal and tribal 
government representatives, a majority of whom shall be nominated by 
and be representative of Indian tribes with funding agreements under 
this Act.

[[Page 15064]]

    (2) Requirements--The committee shall confer with, and 
accommodate participation by, representatives of Indian tribes, 
inter-tribal consortia, tribal organizations, and individual tribal 
members.

    The proposed committee of 12 self-governance tribes, 11 non self-
governance tribes and 7 federal officials meets the requirements of the 
Act. Legislative history in both the House and the Senate makes it 
clear that ``a majority of who'' in sec. 517(b)(1) refers to a majority 
of the tribal representatives and not a majority of the entire 
committee. Additionally, the negotiated rulemaking process and 
documents must be open to the public. Individuals that are not voting 
members of the Committee will have opportunity to attend meetings and 
to give input to the members of the Committee.
    Therefore, the number of Committee members will remain at 30, and 
the members will remain the same as those published in the Federal 
Register.

    Dated: March 12, 2001.
Michael H. Trujillo,
Assistant Surgeon General and Director, Indian Health Service.
[FR Doc. 01-6549 Filed 3-13-01; 11:45 am]
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