[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63051-63053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24818]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[FR-6289-N-01]
Notice of Intent To Establish a Tribal Intergovernmental Advisory
Committee; Request for Comments on Committee Structure
AGENCY: Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (HUD).
ACTION: Notice.
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SUMMARY: This notice announces HUD's intention to form the Department's
first standing Tribal advisory committee. The committee will be called
the `Tribal Intergovernmental Advisory Committee' (TIAC). This notice
also solicits comments and recommendations regarding the establishment
and structure of the TIAC. The TIAC will be made up of a diverse group
of duly elected Tribal leaders representing small, medium, and large
federally recognized Tribes. The TIAC is intended to further
communications between HUD and federally recognized 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 (AIAN) 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, this notice solicits input on the proposed structure of the
TIAC.
DATES: Comments on the proposed structure of the TIAC are due on or
before: January 14, 2022.
ADDRESSES: Interested persons are invited to submit comments on the
structure of the TIAC. Comments may be submitted to HUD electronically.
All submissions must refer to the above docket number and title.
Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. Electronic submission allows the maximum time to
prepare and submit comments, ensures timely receipt by HUD, and enables
HUD to make them immediately available to the public. Comments
submitted electronically through the www.regulations.gov website can be
viewed by interested members of the public. Individuals should follow
the instructions provided on that website to submit comments.
Note: To receive consideration, comments must be submitted
electronically through www.regulations.gov and refer to the above
docket number and title. Comments should not be submitted by mail.
No Facsimile Comments. Facsimile (FAX) comments will not be
accepted.
Public Inspection of Comments. All properly submitted comments and
communications submitted to HUD will be available for public inspection
and copying between 8:00 a.m. and 5:00 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
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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 toll-free 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 4108, 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 Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with Executive Order 13175,\1\ HUD's Tribal Government-
to-Government Consultation Policy recognizes the right of Indian tribes
to self-governance and supports Tribal sovereignty and self-
determination.\2\ It provides that HUD will engage in regular and
meaningful consultation and collaboration with Tribal officials in the
development of Federal policies that have Tribal implications.
Executive Order 13175 also requires 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.
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\1\ Executive Order 13175, 65 FR 67249 (November 9, 2000).
\2\ Tribal Government-to-Government Consultation Policy, 81 FR
40893 (June 23, 2016).
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In 2016, in furtherance of Executive Order 13175, HUD proposed the
establishment of a TIAC. On June 23, 2016, HUD published a Federal
Register Notice seeking comments on the structure of the proposed
TIAC.\3\ On December 21, 2016, HUD published a second Federal Register
Notice announcing the establishment of the TIAC and requesting
nominations from duly elected or appointed Tribal leaders to serve on
the TIAC.\4\ HUD received nominations from various Tribes but did not
receive an adequate number of nominations to fully constitute the TIAC.
Accordingly, HUD did not complete the establishment of the TIAC at that
time.
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\3\ Notice of Proposal To Establish a Tribal Intergovernmental
Advisory Committee; Request for Comments on Committee Structure, 81
FR 40899 (June 23, 2016).
\4\ Establishment of Tribal Intergovernmental Advisory
Committee; Request for Nominations for Tribal Intergovernmental
Membership, 81 FR 93700 (December 21, 2016).
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On January 26, 2021, President Biden issued a Presidential
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation
Relationships.\5\ The memorandum directed all Federal agencies to take
actions to strength their Tribal consultation policies and practices
and to further the purposes of Executive Order 13175.
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\5\ The memorandum was published in the Federal Register on
January 29, 2021 (86 FR 7491).
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To further enhance consultation and collaboration with Tribal
governments, HUD is once again proposing to establish the TIAC. Several
Federal agencies have established similar Tribal advisory committees.
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. HUD has determined that a similar advisory committee
would provide critical support to the Department as it formulates. The
formation of the TIAC would also assist the Department in carrying out
its responsibilities under the Presidential Memorandum on Tribal
Consultation and Strengthening Nation-to-Nation Relationships.
Prior to HUD's establishment of the TIAC, this notice solicits
input into the structure of the committee.
II. Proposed Structure of the TIAC
To assist commenters with their review and to help them provide
feedback, HUD is providing the following as an example of how the TIAC
may be structured. HUD is requesting comments on the following proposed
structure of the TIAC and is open to any additional recommendation on
how the TIAC may be constituted and how it should operate. Comments on
the structure of the TIAC are due on or before: January 14, 2022
A. Purpose and Role of the TIAC
The purposes of the TIAC are:
(1) To further facilitate intergovernmental communication between
HUD and Tribal leaders of federally recognized Tribes 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. 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 will not serve in place of any future
negotiated rulemaking committee established by HUD; and
(3) To advise in the development of HUD's 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 officials. It will not replace other means of
Tribal consultations, but, rather, will supplement them. HUD will
maintain the responsibility to exercise program management, including
the drafting of HUD notices, guidance documents, and regulations.
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
periodically to discuss agency policies and activities with HUD, set
shared priorities, and facilitate further consultation with Tribal
leaders. Initially, meetings will likely be conducted virtually, but
may be in person in the future, and will be conducted consistent with
any COVID-19 safety protocols. 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 virtually, via conference calls,
videoconferences, or through other forms of communication. Additional
in-person meetings may be scheduled at HUD's discretion in the future.
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 members may bring one
technical advisor to the meeting at their expense. The technical
advisor can advise the member but cannot speak in the member's place.
Meeting minutes will be available on the HUD website, and, depending on
the circumstances, public and Tribal comments may be requested.
D. TIAC Membership
The TIAC will be comprised of HUD representatives and Tribal
delegates from across the country, representing small, medium, and
large tribes. The TIAC will be composed of HUD officials
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(including the Secretary or his or her designee, as well as the
Assistant Secretaries for Office of Public and Indian Housing (PIH),
Office of Policy, Development, and Research (PD&R), Office of Fair
Housing and Equal Opportunity (FHEO), Office of Field Policy Management
(FPM), Office of Housing (FHA), Government National Mortgage
Association (Ginnie Mae), and Office of Community Planning and
Development (CPD) or their designees) and up to fifteen Tribal
delegates. Up to two Tribal delegates will represent each of the six
HUD ONAP regions. Up to three remaining Tribal delegates will serve at-
large. Only duly elected or appointed Tribal leaders may serve as TIAC
delegates or alternates of the TIAC. The Secretary of HUD will appoint
the HUD representatives of the TIAC. TIAC Tribal delegates will serve a
term of two 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 delegates
appointed in the inaugural year of the TIAC will serve two years and
the other half will serve three years. Tribal delegates must designate
their preference to serve two or three years; however, HUD will make
the final determination on which Tribal delegates will serve two or
three years. Once these Tribal delegates complete these initial terms,
future Tribal delegates will serve terms that last two years. Should a
delegate's tenure as a Tribal leader come to an end during their
appointment to the TIAC, the delegate's Tribe will nominate a
replacement, if not the already nominated alternate.
E. Function
The establishment of the TIAC is intended to enhance government-to-
government relationships, communications, and mutual cooperation
between HUD and Tribes. It 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.
Dominique Blom,
General Deputy Assistant, Secretary for Public and Indian Housing.
[FR Doc. 2021-24818 Filed 11-12-21; 8:45 am]
BILLING CODE 4210-67-P