[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93700-93702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30744]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5951-N-02]


Establishment of Tribal Intergovernmental Advisory Committee; 
Request for Nominations for Tribal Intergovernmental Membership

AGENCY: Office of the Secretary, HUD.

ACTION: Notice.

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SUMMARY: On June 23, 2016, HUD published a Federal Register notice 
announcing its intent to establish a HUD Tribal Intergovernmental 
Advisory Committee (TIAC), consisting of tribal governmental 
representatives, to assist HUD to further develop and improve 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, and 
provide advice in the development of HUD's American Indian and Alaska 
Native housing priorities. This notice also solicits nominations and 
explains how persons may be nominated for membership on the TIAC.

DATES: Nominations for Committee membership are due on or before: 
February 21, 2017.

ADDRESSES: Interested persons are invited to submit nominations for 
membership on the Tribal Intergovernmental Advisory Committee. There 
are two methods for submission of nominations as explained below. 
Additionally, all submissions must refer to the above docket number and 
title.
    1. Submission of Nominations by Mail. Nominations 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.

[[Page 93701]]

    2. Electronic Submission of Nominations. Interested persons may 
submit nominations electronically through the Federal eRulemaking 
Portal at www.regulations.gov. HUD strongly encourages the electronic 
submission of nominations. Electronic submission allows the maximum 
time to prepare and submit a nomination, ensures timely receipt by HUD, 
and enables HUD to make the names immediately available to the public. 
Nominations 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 
nominations electronically.

    Note: To receive consideration, nominations must be submitted 
through one of the two methods specified above. Again, all 
submissions must refer to the docket number and title of the notice. 
Facsimile (FAX) nominations are not acceptable.

    Public Inspection of Nominations. All properly submitted 
nominations 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 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 4126, Washington, DC 20410-5000, telephone, 202-401-
7914 (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.

SUPPLEMENTARY INFORMATION: 

I. Background

    Consistent with Executive Order 13175, HUD's Tribal Government-to-
Government Consultation Policy recognizes the right of Indian tribes to 
self-governance, and supports tribal sovereignty and self-
determination. The Consultation Policy 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, and provides that HUD may establish a standing 
tribal advisory committee. Executive Orders 13175 and 13647 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. HUD establishes the TIAC to 
further enhance consultation and collaboration with tribal governments. 
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, to provide agencies 
with an opportunity to notify tribal leaders of activities or policies 
that could affect Indian tribes, and to provide guidance on 
consultation.

II. This Notice

    This notice announces the establishment of the Tribal 
Intergovernmental Advisory Committee (TIAC) for HUD as part of its 
commitment to strengthen the unique government-to-government 
relationship between Federally-recognized American Indian tribes and 
Federal agencies.

A. Purpose and Role of the TIAC.

    The purposes of the TIAC are:
    (1) To further facilitate intergovernmental communication between 
HUD and tribal governments on all HUD programs;
    (2) To make recommendations to HUD regarding current program 
regulations that may require revision, as well as suggest methods to 
develop such changes. The TIAC will not, however, negotiate any changes 
to regulations that are subject to negotiated rulemaking under Section 
106 of the Native American Housing Assistance and Self-Determination 
Act (NAHASDA); and
    (3) To advise on the development of HUD's American Indian and 
Alaska Native (AIAN) housing priorities.
    The role of the TIAC is to provide recommendations and input to 
HUD, and to provide a vehicle for regular, meaningful consultation and 
collaboration with tribal governments. It will not replace other means 
of tribal consultations, but supplement them. HUD will maintain the 
responsibility to exercise program management, including the drafting 
of HUD notices and guidance.
    For the purpose of the TIAC, the term ``tribal government'' means: 
Any Indian tribe, band, nation, or other organized group or community, 
including any Alaska Native village or regional or village corporation 
as defined in or established pursuant to the Alaska Native Claims 
Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their special status as 
Indians as defined in the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4).

B. Charter and Protocols

    The TIAC will develop its own ruling charter and protocols. HUD 
will provide staff for the TIAC to act as liaisons between TIAC and HUD 
officials, manage meeting logistics, and provide general support for 
TIAC activities.

C. Meetings and Participation

    The Committee will not convene before October 1, 2017. Subject to 
availability of federal funding, the TIAC will meet in-person at least 
once a year to discuss agency policies and activities with HUD, set 
shared priorities, and facilitate further consultation with tribal 
leaders. HUD may 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. TIAC members must be elected or duly appointed 
officers of a tribal government, and alternates must be tribal 
employees with authority to act on behalf of the elected tribal 
government official. Alternates must be designated in writing by the 
member's tribal government or elected tribal government official. TIAC 
members may bring one technical advisor to the meeting at the tribe's 
expense.
    Meeting minutes will be available on the HUD Web site.

D. TIAC Membership

    The TIAC will be comprised of HUD representatives and tribal 
government officials from across the country. The TIAC will be composed 
of up to six HUD officials (including the Secretary or his or her 
designee, as well as the Assistant Secretaries for Public and Indian 
Housing, Policy Development and Research, and Community Planning and 
Development) and up to fifteen tribal representatives. Up to two tribal 
members will represent each of the six

[[Page 93702]]

HUD ONAP regions. Up to three remaining tribal members will serve at-
large.
    The Secretary will appoint the members of the TIAC. TIAC tribal 
delegates will serve a term of 2 years. To ensure continuity 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, all future committee members will 
serve two-year terms. Should a member's tenure as a tribal leader come 
to an end during their appointment to the TIAC, the member's tribe may 
nominate a replacement.

E. Objective of the TIAC

    The establishment of the TIAC is intended to enhance government-to-
government relationships, communications, and mutual cooperation 
between HUD and tribal governments 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

    The Committee will be composed of up to six HUD officials and up to 
fifteen tribal representatives. Up to two tribal members will represent 
each of the six HUD ONAP regions. The three remaining tribal members 
will serve at-large. Only duly elected or appointed tribal leaders may 
serve as tribal members of the TIAC. Once appointed to the TIAC, tribal 
leaders may designate an alternate who is a tribal employee and has the 
authority to act on his or her behalf. One of the tribal members will 
be selected by the Committee to serve as the chairperson.
    If you are interested in serving as a member of the Committee or in 
nominating another person to serve as a member of the Committee, you 
may submit a nomination to HUD in accordance with the ADDRESSES section 
of this notice. Your nomination for membership on the Committee must 
include:
    1. The name of your nominee, a description of the interests the 
nominee would represent, and a description of the nominee's experience 
and interest in American Indian and Alaska Native housing and community 
development matters;
    2. Evidence that your nominee is a duly elected or appointed tribal 
leader and is authorized to represent a tribal government;
    3. A written commitment from the nominee that she or he will 
actively participate in good faith in the Committee meetings; and
    4. A written preference for serving either a two- or a three-year 
term on the TIAC.
    HUD will appoint the members of the TIAC from the pool of nominees 
requested by this notice. HUD will announce its final selections for 
TIAC membership in a future Federal Register notice. Members will be 
selected based on proven experience and interest in AIAN housing and 
community development matters, and whether the interest of the proposed 
member could be represented adequately by other members.
    In addition to the criteria above, 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: December 16, 2016.
Juli[aacute]n Castro,
Secretary.
[FR Doc. 2016-30744 Filed 12-20-16; 8:45 am]
 BILLING CODE 4210-67-P