Self-Governance PROGRESS Act Regulations

<RULE> DEPARTMENT OF THE INTERIOR <SUBAGY>Bureau of Indian Affairs</SUBAGY> <CFR>25 CFR Part 1000</CFR> <DEPDOC>[Docket No. BIA-2024-0001; 256A2100DD/AAKC001030/A0A501010.999900]</DEPDOC> <RIN>RIN 1076-AF62</RIN> <SUBJECT>Self-Governance PROGRESS Act Regulations</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Bureau of Indian Affairs, Interior. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of the Interior (Department), Office of the Assistant Secretary for Indian Affairs, is issuing revisions to the regulations that implement Tribal Self-Governance, as authorized by title IV of the Indian Self Determination and Education Assistance Act. This final rule has been negotiated among representatives of Self-Governance and non-Self Governance Tribes and the Department. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> This final rule is effective on January 10, 2025. • <E T="03">Information Collection Requirements:</E> If you wish to comment on the information collection requirements in this final rule, please note that the Office of Management and Budget (OMB) is required to make a decision concerning the collection of information contained in this final rule between 30 and 60 days after publication in the <E T="04">Federal Register</E> . Therefore, comments should be submitted to OMB (see “Information Collection Requirements” section below under <E T="02">ADDRESSES</E> ) by January 10, 2025. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> The Department has established a docket for the information collection action associated with this rule available at <E T="03">https://www.regulations.gov</E> and by searching for Docket No. “BIA-2024-0001” or RIN “1076-AF62.” • <E T="03">Information Collection Requirements:</E> Written comments and recommendations for the information collection request (ICR) should be sent within 30 days of publication of this notice to the OMB through <E T="03">https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202410-1076-001</E> or by visiting <E T="03">https://www.reginfo.gov/public/do/PRAMain</E> and selecting “Currently under Review—Open for Public Comments” and then scrolling down to the “Department of the Interior.” Please provide a copy of your comments to the Department by email to <E T="03">consultation@bia.gov</E> with “OMB Control Number 1076-0143” in the email's subject line. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Oliver Whaley, Director, Office of Regulatory Affairs and Collaborative Action (RACA), Office of the Assistant Secretary—Indian Affairs, Department of the Interior, telephone (202) 738-6065, <E T="03">RACA@bia.gov</E> . Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> This final rule is published in exercise of authority delegated by the Secretary of the Interior (Secretary) to the Assistant Secretary—Indian Affairs (Assistant Secretary; AS-IA) by 209 Department Manual 8 (209 DM 8). <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Background</FP> <FP SOURCE="FP1-2">A. Statutory Authority</FP> <FP SOURCE="FP1-2">B. Executive Summary</FP> <FP SOURCE="FP1-2">C. Negotiated Rulemaking Process</FP> <FP SOURCE="FP-2">II. Public Engagement and Consultation</FP> <FP SOURCE="FP-2">III. Summary of Comments Received</FP> <FP SOURCE="FP1-2">A. General Comments</FP> <FP SOURCE="FP1-2">B. Section Comments</FP> <FP SOURCE="FP1-2">C. Use of Received Feedback</FP> <FP SOURCE="FP-2">IV. Summary of Subparts and Changes by Section</FP> <FP SOURCE="FP1-2">A. Subpart A—General Provisions</FP> <FP SOURCE="FP1-2">B. Subpart B—Selection of Additional Tribes for Participation in Tribal Self-Governance</FP> <FP SOURCE="FP1-2">C. Subpart C—Planning and Negotiation Grants</FP> <FP SOURCE="FP1-2">D. Subpart D—Financial Assistance for Planning and Negotiations Activities for Non-BIA Bureau Programs</FP> <FP SOURCE="FP1-2">E. Subpart E—Compacts</FP> <FP SOURCE="FP1-2">F. Subpart F—Funding Agreements for BIA Programs</FP> <FP SOURCE="FP1-2">G. Subpart G—Funding Agreements for Non-BIA Programs</FP> <FP SOURCE="FP1-2">H. Subpart H—Negotiation Process</FP> <FP SOURCE="FP1-2">I. Subpart I—Final Offer</FP> <FP SOURCE="FP1-2">J. Subpart J—Waiver of Regulations</FP> <FP SOURCE="FP1-2">K. Subpart K—Construction</FP> <FP SOURCE="FP1-2">L. Subpart L—Federal Tort Claims</FP> <FP SOURCE="FP1-2">M. Subpart M—Reassumption</FP> <FP SOURCE="FP1-2">N. Subpart N—Retrocession</FP> <FP SOURCE="FP1-2">O. Subpart O—Trust Evaluation</FP> <FP SOURCE="FP1-2">P. Subpart P—Reports</FP> <FP SOURCE="FP1-2">Q. Subpart Q—Operational Provisions</FP> <FP SOURCE="FP1-2">R. Subpart R—Appeals</FP> <FP SOURCE="FP1-2">S. Subpart S—Conflicts of Interest</FP> <FP SOURCE="FP1-2">T. Subpart T—Tribal Consultation Process</FP> <FP SOURCE="FP-2">V. Procedural Requirements</FP> <FP SOURCE="FP1-2">A. Regulatory Planning and Review (E.O. 12866, 14094 and E.O. 13563)</FP> <FP SOURCE="FP1-2">B. Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">C. Congressional Review Act (CRA)</FP> <FP SOURCE="FP1-2">D. Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">E. Takings (E.O. 12630)</FP> <FP SOURCE="FP1-2">F. Federalism (E.O. 13132)</FP> <FP SOURCE="FP1-2">G. Civil Justice Reform (E.O. 12988)</FP> <FP SOURCE="FP1-2">H. Reforming Federal Funding and Support for Tribal Nations (E.O. 14112)</FP> <FP SOURCE="FP1-2">I. Consultation With Indian Tribes (E.O. 13175)</FP> <FP SOURCE="FP1-2">J. Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">K. National Environmental Policy Act (NEPA)</FP> <FP SOURCE="FP1-2">L. Energy Effects (E.O. 13211)</FP> <FP SOURCE="FP1-2">M. Clarity of This Regulation</FP> </EXTRACT> <HD SOURCE="HD1">I. Background</HD> <HD SOURCE="HD2">A. Statutory Authority</HD> On October 21, 2020, the Practical Reforms & Other Goals to Reinforce the Effectiveness of Self Governance & Self Determination for Indian Tribes Act (PROGRESS Act) was signed into law. <E T="03">See,</E> Public Law 116-180. The PROGRESS Act amends subchapter I of the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301, which addresses Indian Self-Determination, and subchapter IV of the ISDEAA, which addresses the Department's Tribal Self-Governance Program. Section 413 of Public Law 116-180, 25 U.S.C. 5363 directs the Secretary to promulgate regulations using the negotiated rulemaking process to carry out subchapter IV of the ISDEAA, the Department's Tribal Self-Governance Program. Section 413(a)(3) of Public Law 116-180 establishes expiration of authority for the promulgation of such regulations. The Self-Governance PROGRESS Act Negotiated Rulemaking Committee (“Committee”) was established and commenced with the negotiated rulemaking process for this final rule. On April 20, 2023, the Committee's authority to promulgate regulations to meet the directive of the PROGRESS Act expired under section 413(a)(3) of the same statute, thus leaving the Committee with no authority to continue the negotiated rulemaking for this rule. Congress, however, on September 30, 2023, extended the Committee's authority until December 21, 2024. Public Law 118-15 at section 2102. <HD SOURCE="HD2">B. Executive Summary</HD> This final rule updates the regulations implementing Tribal Self-Governance at the Department. While the final rule does incorporate terms and processes that may be common to self-governance at the Department of Health and Human Services (HHS) authorized by title V of the ISDEAA, and the Department of Transportation (DOT) authorized by 23 U.S.C. 207, it is not the intent of this final rule to define or regulate any term or process that is applicable to HHS or DOT, even where such terms or processes are common between the agencies. The final rule should not be construed to bind HHS or DOT to any particular interpretation of a term or process. Since the Department promulgated its title IV regulations in 2000, and Indian Health Service (IHS) promulgated its title V regulations in 2005, the agencies implement their ISDEAA self-governance programs differently due to the unique nature of the Programs, Services, Functions, and Activities (PSFA) they manage, the needs of their beneficiaries, and intentional policy choices. In many instances, this rule maintains those implementations and procedural differences because the Department is honoring the Committee's preference for maintaining past procedures, even where those procedures may differ from other agencies. Although the ISDEAA provides such discretion to the Secretary, given the longevity of these practices, the Committee's preference to maintain them, and the Department's desire not to unsettle expectations, the final rule continues some procedures that may differ from IHS. This final rule has been negotiated by representatives of Self-Governance and non-Self-Governance Tribes, and the Department (the “Committee”). The effect of the final rule is to transfer to participating Tribes control of, funding for, and decision making concerning certain Federal programs, consistent with updates contained in the PROGRESS Act. This final rule will have a negligible cost burden for Tribes currently participating in Self-Governance, some startup costs for Tribes not currently participating in Self-Governance, and some negligible new costs to the Federal Government. <HD SOURCE="HD2">C. Negotiated Rulemaking Process</HD> The PROGRESS Act directed the Secretary to adapt negotiated rulemaking procedures regarding the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes. The PROGRESS Ac ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 464k characters. 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