[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18807-18809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06775]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[FR-6289-N-02]
Notice of Intent To Establish a Tribal Intergovernmental Advisory
Committee; Structure and Request for Nominations
AGENCY: Office of Assistant Secretary for Public and Indian Housing,
U.S. Department of Housing and Urban Development (HUD).
ACTION: Notice.
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SUMMARY: This notice seeks nominations for HUD's Tribal
Intergovernmental Advisory Committee (TIAC). It provides details on who
is eligible to serve on TIAC and how Tribal governments can nominate
persons to serve on TIAC on their behalf. Additionally, this notice
announces the structure of the TIAC, informed by Tribal feedback.
DATES: Nominations for potential representatives of the TIAC are due on
or before: May 31, 2022.
ADDRESSES: Interested persons are invited to submit nominations for
potential representatives of the TIAC. Nominations may be submitted to
HUD electronically. All submissions must refer to the above docket
number and title.
Electronic Submission of Nominations. Interested persons may submit
nominations electronically through the Federal eRulemaking Portal at
www.regulations.gov. Electronic submission allows the maximum time to
prepare and submit nominations, ensures timely receipt by HUD, and
enables HUD to make them immediately available to the public.
Nominations 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
nominations.
Note: To receive consideration, nominations must be submitted
electronically through www.regulations.gov and refer to the abo1ive
docket number and title. Nominations should not be submitted by
mail.
No Facsimile Comments. Facsimile (FAX) comments will not be
accepted.
Public Inspection of Nominations. All properly submitted
nominations 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 HUD Headquarters building located at 451 7th Street SW,
Washington, DC 20410-0500. 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 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 7th Street
SW, Room 4108, Washington, DC 20410-0500, 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 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
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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 strengthen 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
policies having a direct impact on Tribes/Tribally Designated Housing
Entities (TDHEs). 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.
On November 15, 2021, HUD published a notice in the Federal
Register soliciting Tribal feedback on a proposed TIAC. HUD proposed
how the TIAC would be structured and how it would function. HUD
received written comments from 12 different commenters submitted via
regulations.gov. The commenters included Tribes, Tribal leaders, Tribal
housing employees, Tribal housing authorities, regional housing
authorities, and Tribal individuals, and represented many different
perspectives. Overall, commenters were supportive of establishing the
TIAC. Commenters submitted feedback with respect to many topics,
including:
Number of Tribal representatives on the committee;
Eligibility criteria for Tribal representatives;
Ensuring that the TIAC does not supplant negotiated
rulemaking committees in the future or negatively impact other Tribal
consultation practices;
Length of a representative's tenure;
Experience with housing;
What source of funding would be used to support TIAC.
HUD reviewed all comments and took them into consideration when
establishing the structure of the TIAC. HUD thanks all commenters for
their thoughtful feedback.
This notice announces the structure of the TIAC (informed by Tribal
feedback) and solicits nominations for Tribal representatives of the
committee.
II. Nominations for TIAC Representation
HUD is requesting nominations for Tribal representatives to serve
on the TIAC. Nominations are due on or before: May 31, 2022. If you are
interested in serving as a representative of the Committee or in
nominating another person to serve as a representative of the
Committee, you may submit a nomination to HUD in accordance with the
Electronic Submission of Nominations section of this notice. Your
nomination for representation on the Committee must include:
1. The name of the 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 the nominee is a duly elected or appointed Tribal
leader and is authorized to represent a federally recognized tribal
government or Alaska Native Corporation;
3. A written commitment from the nominee that she or he will
actively engage and participate 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 representatives of the TIAC from
the pool of nominees submitted in response to this notice. HUD will
announce the final selections for TIAC representatives in a subsequent
Federal Register notice. Representatives will be selected based on
proven experience and interest in American Indian and Alaska Native
(AIAN) housing and community development matters and whether the
interest of the proposed representative could be represented adequately
by other representatives. In addition to the criteria above, at-large
representatives will be selected based on their ability to represent
specific interests that might not be represented by the selected
regional representatives.
Generally, only elected officers of a tribal government acting in
their official capacities with authority to act on behalf of the tribal
government may serve as TIAC representatives or alternates of the TIAC.
Tribal employees are also eligible to serve if appointed by a duly
elected tribal leader of a federally recognized tribe and are
authorized to officially act on the Tribal government's behalf.
Elected officials representing Alaska Native Corporations, or
designated employees, may also serve on TIAC at HUD's discretion
provided they demonstrate that they meet the criteria specified in the
statutory exemption to the Federal Advisory Committee Act (FACA) found
in the Unfunded Mandates Reform Act (UMRA) at 2 U.S.C. 1534(b).
Because the TIAC will operate under the Tribal government statutory
exemption to the Federal Advisory Committee Act (FACA) found in the
Unfunded Mandates Reform Act (UMRA) at 2 U.S.C. 1534(b), HUD will not
consider nominees solely representing Tribally Designated Housing
Entities, state recognized Tribes, or national or regional
organizations. However, HUD will consider nominations from associations
that represent elected officials of Tribes who have been designated by
an elected Tribal leader to participate in TIAC.
III. 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 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
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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 support to 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
representatives. 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 representative's cost to travel to these
meetings. The TIAC may also agree to meet virtually outside of formal
meetings, 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 representatives or their alternates. Alternates must
be designated in writing by the representative's Tribal government to
officially act on their behalf. TIAC representatives may bring one
technical advisor to the meeting at their expense. The technical
advisor can advise the representative but cannot speak in the
representative's place. Meeting summaries may be available on the HUD
website.
D. TIAC Representation
The TIAC will be comprised of HUD representatives and Tribal
representatives from across the country, representing small, medium,
and large tribes. The TIAC will be composed of HUD officials (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 representatives. Up to two
Tribal representatives will represent each of the six HUD ONAP regions.
Up to three remaining Tribal representatives will serve at-large.
Generally, only elected officers of a tribal government acting in their
official capacities or designated employees of tribal governments with
authority to act on behalf of the tribal government may serve as TIAC
representatives or alternates of the TIAC. Elected officials
representing Alaska Native Corporations, or designated employees, may
also serve on TIAC at HUD's discretion provided they demonstrate that
they meet the criteria specified in the statutory exemption to the
Federal Advisory Committee Act (FACA) found in the Unfunded Mandates
Reform Act (UMRA) at 2 U.S.C. 1534(b). The Secretary of HUD will
appoint the HUD representatives of the TIAC. TIAC Tribal
representatives will serve a term of two years. To ensure consistency
between Tribal terms, representatives will have a staggered term of
appointment. In order to establish a staggered term of appointment,
half of the Tribal representatives appointed in the inaugural year of
the TIAC will serve two years and the other half will serve three
years. Tribal representatives must designate their preference to serve
two or three years; however, HUD will make the final determination on
which Tribal representatives will serve two or three years. Once these
Tribal representatives complete these initial terms, future Tribal
representatives will serve terms that last two years. Should a
representative's tenure as a Tribal leader come to an end during their
appointment to the TIAC, the representative'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. 2022-06775 Filed 3-30-22; 8:45 am]
BILLING CODE 4210-67-P