[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Pages 40899-40900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14895]



[Docket No. FR-5951-N-01]

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

AGENCY: Office of Assistant Secretary for Public and Indian Housing, 

ACTION: Notice.


SUMMARY: This notice solicits comments and recommendations regarding 
the establishment of a Tribal Intergovernmental Advisory Committee 
(TIAC), consisting of tribal representatives, to assist HUD further 
develop and maintain its Indian housing programs. The TIAC is intended 
to further communications between HUD and Federally recognized Indian 
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 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, published elsewhere in this Federal Register, this 
notice solicits input on the structure of the TIAC.

DATES: Comments on the proposed structure of the TIAC are due on or 
before: June 23, 2016.

ADDRESSES: Interested persons are invited to submit comments on the 
structure of the Tribal Intergovernmental Advisory Committee. There are 
two methods for comments to be included in the docket for this rule. 
Additionally, all submissions must refer to the above docket number and 
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of the General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 10276, Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages the electronic submission 
of comments. Electronic submission allows the maximum time to prepare 
and submit a nomination, ensures timely receipt by HUD, and enables HUD 
to make them immediately available to the public. Comments submitted 
electronically through the www.regulations.gov Web site can be viewed 
by interested members of the public. Individuals should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration, comments must be submitted 
through one of the two methods specified above. Again, all 
submissions must refer to the docket number and title of the rule. 
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.

    Public Inspection of Comments. All properly submitted comments and 
communications submitted to HUD will be available for public inspection 
and copying between 8 a.m. and 5 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 
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 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

[[Page 40900]]

Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 4126, 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 Relay Service at 1-800-877-8339.


I. Background

    Elsewhere in this Federal Register, HUD is publishing its updated 
Tribal Government-to-Government Consultation Policy. Consistent with 
Executive Order 13175, HUD's Tribal Government-to-Government 
Consultation Policy recognizes the right of Indian tribes to self-
government, and supports tribal sovereignty and self-determination. It 
provides that HUD will engage in regular and meaningful consultation 
and collaboration with Indian tribal officials in the development of 
federal policies that have tribal implications. Executive Orders 13175 
and 13647 also require 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.
    To further enhance consultation and collaboration with tribal 
governments, HUD is proposing to establish the TIAC. Several Federal 
agencies have established similar tribal advisory committees, including 
the Environmental Protection Agency, the Department of Health and Human 
Services, and the Department of the Treasury. 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. Prior to 
HUD's establishment of the TIAC, this notice solicits input into the 
structure of the committee.

II. Proposed Structure of the TIAC

    A. Purpose and Role of the TIAC. The purposes of the TIAC are:
    (1) To further facilitate intergovernmental communication between 
HUD and Federally recognized Indian tribal leaders 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;
    (3) To advise in the development of HUD's American Indian and 
Alaska Native (AIAN) housing priorities; and
    (4) To encourage peer learning and capacity building among tribes 
and non-tribal entities. The role of the TIAC is to provide 
recommendations and input to HUD and to provide a vehicle for regular 
and meaningful consultation and collaboration with tribal officials. 
HUD will maintain the responsibility to exercise program management, 
including the drafting of HUD notices and guidance.
    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 in-person at least twice a year, to 
exchange information with HUD staff, discuss agency policies and 
activities that could affect tribes, and facilitate further 
consultation with tribal leaders. 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 by conference calls or other forms of 
communication. Additional in-person meetings may be scheduled at HUD's 
discretion. 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 
committee members may bring one additional staff person to the meeting 
at their expense. Meeting minutes will be available on the HUD Web 
    D. TIAC Membership. The TIAC will be comprised of HUD 
representatives and tribal delegates from across the country. The TIAC 
will be composed of up to four HUD officials and up to eight tribal 
representatives. One tribal member will represent each of the six HUD 
ONAP regions. The two remaining tribal members will serve at-large. 
Only duly elected or appointed tribal leaders may serve as tribal 
members or alternates of the TIAC. One of the tribal members will be 
selected by the committee to serve as the chairperson.
    The Secretary shall appoint the members of the TIAC. TIAC tribal 
delegates will serve a term of 2 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 
members appointed in the inaugural year of the TIAC will serve 2 years 
and the other half will serve 3 years. Delegates must designate their 
preference to serve 2 or 3 years; however, HUD will make the final 
determination on which members will serve for 3 years. Once these 
members complete these initial terms, future tribal members will serve 
terms that last 2 years.
    E. The establishment of the TIAC is intended to enhance government-
to-government relationships, communications, and mutual cooperation 
between HUD and tribes and 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.

III. Request for Nominations

    Once a general structure for the TIAC is established, HUD intends 
to publish a request for nominations for the TIAC in the Federal 
Register and will appoint the members of the TIAC from the pool of 
nominees it receives under this request. HUD will announce its final 
selections for TIAC membership in a subsequent Federal Register notice. 
Members will be selected based on proven experience and engagement in 
AIAN housing and community development matters. At-large members will 
be selected based on their ability to represent specific interests that 
might not be represented by the selected regional members.

    Dated: June 20, 2016.
Lourdes Castro Ramirez,
Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2016-14895 Filed 6-22-16; 8:45 am]