81 FR 40893 - Tribal Government-to-Government Consultation Policy
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 81, Issue 121 (June 23, 2016)
Federal Register Volume 81, Issue 121 (June 23, 2016)
| Page Range | 40893-40897 | |
| FR Document | 2016-14896 |
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)] [Notices] [Pages 40893-40897] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14896] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5651-N-03] Tribal Government-to-Government Consultation Policy AGENCY: Office of the Secretary, HUD. ACTION: Notice of final policy statement. ----------------------------------------------------------------------- SUMMARY: In compliance with Executive Order 13175, ``Consultation with Indian Tribal Governments,'' HUD adopts this Tribal Government-to- Government Consultation Policy. The purpose of this tribal consultation policy is to enhance communication and coordination between HUD and federally recognized Indian tribes and to outline guiding principles and procedures under which all HUD employees are to operate with regard to federally recognized Indian or Alaska Native tribes. This final policy statement follows publication of an April 8, 2015, request for public comment on HUD's proposed Tribal Consultation Policy and, after consideration of the public comments submitted in response to the April 8, 2015, notice, adopts the proposed policy without change. 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 4126, Washington, DC 20410, telephone number 202-401-7914 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: Background Executive Order 13175 (65 FR 67249, published November 9, 2000) recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination. Among other things, it requires that agencies have an accountable process to ensure meaningful and timely input by tribal officials in developing policies that have tribal implications. On November 5, 2009, President Obama reaffirmed the government-to-government relationship between the Federal Government and Indian tribal governments in a White House memorandum that acknowledges that Indian tribes exercise inherent sovereign powers over their members and territory. The November 5, 2009, memorandum also acknowledged that the United States will continue to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights. Development of HUD Tribal Government-to-Government Consultation Policy Consistent with Executive Order 13175, and the Presidential memorandum of November 5, 2009, HUD undertook a series of consultations [[Page 40894]] and requested public comment on this consultation policy statement. Beginning in January 2010, HUD held a series of HUD-tribal regional consultations to discuss HUD's existing tribal consultation policy. Each consultation session was hosted by one of the six Office of Native American Programs (ONAP) Area Office Administrators. Prior to all meetings, the ONAP Area Office sent out invitation letters to all tribes and tribally designated housing entities to inform them of the meetings. The invitation package included the President's memorandum, Executive Order 13175, HUD's current tribal consultation policy, and a list of questions designed to prompt discussion and focus on the issues. HUD's Deputy Assistant Secretary for ONAP attended a Northwest ONAP and Eastern/Woodlands ONAP session, and HUD's Assistant Secretary for Public and Indian Housing participated in the initial session held in Suquamish, Washington. Participants at each of the consultation sessions were informed that an electronic mailbox had been established to receive their comments and that HUD's CODETALK Web site would be used to display all comments received. The comments from participants who attended these consultations, as well as all comments received by other means, were consolidated by HUD's ONAP. HUD carefully reviewed all comments received from all sources, responded, and made changes to the existing HUD consultation policy based on these comments, as appropriate. HUD conducted a second round of tribal consultation by sending the revised draft policy to all tribal leaders for their comment. On November 12, 2014, the Department provided all tribal leaders a draft version of HUD's revised tribal government-to-government consultation policy and requested their feedback and opinion on the draft. In response to the Department's November 12, 2014, request for comments, the Department received three comments from Indian tribes and a national organization that represents the housing interests of Native Americans. More recently, on April 8, 2015, at 70 FR 18858, HUD published a Federal Register notice requesting public comment on its tribal government-to-government consultation policy. HUD published this notice consistent with Executive Order 13175 and a November 5, 2009, Presidential memorandum that reaffirms the government-to-government relationship between the Federal Government and Indian tribal governments. HUD received eight public comments on the notice. Comments were received from tribes and tribal housing authority officials, nonprofits, advocacy groups, and interested members of the public. After considering public comment, HUD decided not to make any changes to its draft policy published on April 8, 2015. As a result, this notice establishes HUD's Tribal Government-to-Government Consultation Policy. HUD would like to respond, however, to several comments received in response to its April 8, 2015, request for comments. Comment: Consultation Requires Negotiated Rulemaking. One commenter stated that the consultation policy should recognize that any changes to regulations that directly impact tribes or tribal members require negotiated rulemaking. According to the commenter, there have been changes to regulations that had a direct, negative impact upon tribal members, and the only consultation performed was a ``Dear Tribal Leader'' letter. The commenter stated that the new consultation policy should prevent those lapses in the future by enshrining a mandatory negotiated rulemaking prior to these kinds of changes. HUD Response: HUD disagrees that negotiated rulemaking is required for all of HUD's regulatory actions that impact the tribes. Rather, section 106 of the Native American Housing and Self-Determination Act (NAHASDA), as amended, limits negotiated rulemaking to ``any regulation that may be required pursuant to requirements made to [NAHASDA] after the effective date of enactment of this Act [October 1, 2008].'' See 25 U.S.C. 4116(b). Procedures for implementing this requirement were recently codified in 24 CFR 1000.9. As a result, while negotiated rulemaking is required under the Indian Housing Block Grant program, HUD believes that negotiated rulemaking is only one method of tribal consultation, and that there are other forms of consultation that ensure tribal participation in HUD policy that might affect the tribes. Comment: Policy Should Make Clear that Tribes Can Initiate Consultation. One commenter stated that the policy as written only addresses the initiation of consultation by HUD and does not address the ability of tribes to initiate consultation with HUD on any specific issue or proposed policy that has tribal implications. The commenter recommended that the policy be revised to clarify that tribes can initiate consultation and that this right in no way alleviates HUD's regular and ongoing obligation to initiate and engage in meaningful consultation with individual tribes. HUD Response: HUD agrees with the commenter that consultation can be initiated by the tribes. HUD is not making this change, however, since nothing in this consultation policy prevents tribe from contacting or initiating consultation with HUD. Comment: Policy Must Address Confidentiality of Tribal Interests. One commenter, citing Pueblo of Sandia v United States, 50 F.3d 856, 861-62 (10th Cir. 1995), stated that it is critical to engage in tribal consultation in a manner that exhibits sensitivity to and respect for tribal confidentiality concerns regarding cultural, religious, political, and other intra-tribal affairs. According to the commenter, the current draft policy does not contain any provision to address the confidentiality of tribal interests. As a result, the commenter recommended that the policy be revised to require that HUD develop appropriate safeguards and policies to ensure adequate protection of tribal confidentiality interests throughout the entire consultation process. HUD Response: HUD appreciates the comment and shares the commenter's concerns regarding the importance of ensuring the confidentiality of tribal interests when appropriate. HUD also believes, however, that consultation and collaboration as envisioned by Executive Order 13175 and the Presidential memorandum of November 5, 2009, require transparency and fairness with all tribes to build trust among the tribes and the Federal Government. Notwithstanding, HUD will be sensitive to tribal confidentiality interests throughout the entire consultation policy. HUD Tribal Government-to-Government Consultation Policy I. Introduction A. The United States Government has a unique relationship with American Indian governments as set forth in the Constitution of the United States, treaties, statutes, judicial decisions, and Executive orders and Presidential memorandums. B. On April 29, 1994, a Presidential memorandum was issued reaffirming the Federal Government's commitment to operate within a government-to-government relationship with federally recognized American Indian and Alaska Native tribes, and to advance self- governance for such tribes.\1\ The Presidential memorandum directs each [[Page 40895]] executive department and agency, to the greatest extent practicable and to the extent permitted by law, to consult with tribal governments prior to taking actions that have substantial direct affect on federally recognized tribal governments. In order to ensure that the rights of sovereign tribal governments are fully respected, all such consultations are to be open and candid so that tribal governments may evaluate for themselves the potential impact of relevant proposals. --------------------------------------------------------------------------- \1\ See http://www.thefederalregister.org/fdsys/pkg/FR-1994-05-04/html/94-10877.htm. --------------------------------------------------------------------------- On May 14, 1998, Executive Order 13084, Consultation and Coordination with Indian Tribal Government was issued.\2\ This Executive order was revoked and superseded on November 6, 2000, by Executive Order 13175,\3\ which is identically titled to Executive Order 13084 and which sets forth guidelines for all Federal agencies to: (1) Establish regular and meaningful consultation and collaboration with Indian tribal officials in the development of Federal policies that have tribal implications, (2) strengthen the United States government-to-government relationships with Indian tribes, and (3) reduce the imposition of unfunded mandates upon Indian tribes. --------------------------------------------------------------------------- \2\ See http://www.thefederalregister.org/fdsys/pkg/FR-1998-05-19/pdf/98-13553.pdf. \3\ See http://www.thefederalregister.org/fdsys/pkg/FR-2000-11-09/pdf/00-29003.pdf. --------------------------------------------------------------------------- On November 5, 2009,\4\ President Obama issued a memorandum to the heads of all executive departments and agencies that reaffirmed that the United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, Executive orders, and judicial decisions. The memorandum stated that in recognition of that special relationship, pursuant to Executive Order 13175, of November 6, 2000, executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. The memorandum stated that the Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications, and directed, among other things, as an initial step, through complete and consistent implementation of Executive Order 13175. --------------------------------------------------------------------------- \4\ See http://www.whitehouse.gov/the-press-office/memorandum-tribal-consultation-signed-president. --------------------------------------------------------------------------- C. This consultation policy applies to all HUD programs and policies that have substantial direct effects on Federally recognized Indian tribal governments. In formulating or implementing such policies, HUD will be guided by the fundamental principles set forth in section 2 of Executive Order 13175, to the extent applicable to HUD programs. Section 2 of the Executive order provides as follows: Sec. 2. Fundamental Principles. In formulating or implementing policies that have tribal implications, agencies shall be guided by the following fundamental principles: (a) The United States has a unique legal relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations under its protection. The Federal Government has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes. (b) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial decisions, has recognized the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights. (c) The United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination. II. Definitions A. ``Consultation'' means the direct and interactive (i.e., collaborative) involvement of tribes in the development of regulatory policies on matters that have tribal implications. Consultation is the proactive, affirmative process of: (1) Identifying and seeking input from appropriate Native American governing bodies, community groups, and individuals; and (2) considering their interest as a necessary and integral part of HUD's decisionmaking process. This definition adds to statutorily mandated notification procedures. The goal of notification is to provide an opportunity for comment; however, with consultation procedures, the burden is on the Federal agency to show that it has made a good faith effort to elicit feedback. B. ``Exigent situation'' means an unforeseen combination of circumstances or the resulting state that calls for immediate action in order to preserve tribal resources, rights, interests, or Federal funding. C. ``Indian tribe'' means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. D. ``Policies that have tribal implications'' refers to regulations, legislative proposals, and other policy statements or actions that have substantial direct effects on one or more Indian tribe, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. ``To the extent practicable and permitted by law'' refers to situations where the opportunity for consultation is limited because of constraints of time, budget, legal authority, etc. F. ``Tribal officials'' means elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations. III. Principles A. HUD respects tribal sovereignty and acknowledges the unique relationship between the Federal Government and Indian tribes. B. HUD recognizes and commits to a government-to-government relationship with federally recognized tribes. C. HUD recognizes tribes as the appropriate non-Federal parties for making policy decisions and managing programs for their constituents. D. HUD shall take appropriate steps to remove existing legal and programmatic impediments to working directly and effectively with tribes on programs administered by HUD. E. HUD shall encourage States and local governments to work with and cooperate with tribes to resolve problems of mutual concern. F. HUD shall work with other Federal departments and agencies to enlist their interest and support in cooperative efforts to assist tribes to accomplish their goals within the context of all HUD programs. G. HUD shall be guided by these policy principles in its planning and management activities, including its budget, operating guidance, legislative initiatives, management accountability system, and ongoing policy and [[Page 40896]] regulation development processes for all programs affecting tribes. IV. Tribal Consultation Process A. Applicability. HUD will apply this tribal consultation policy to all proposed policies that have tribal implications, to the greatest extent practicable and permitted by law. Based on a government-to- government relationship and in recognition of the uniqueness of each tribe, the primary focus for consultation activities is with individual tribes. The Office of Public and Indian Housing's ONAP, may serve, under the direction of the Secretary, as the lead HUD office for the implementation of this policy. Internal HUD policies and procedures are excluded from this policy. B. Methods of Communication. The methods of communication used will be determined by the significance of the consultation matter, the need to act quickly, and other relevant factors. Consultation can be accomplished through various methods of communication. While modern technology and group events should be utilized whenever possible to conserve funds and respect time constraints of all those involved, generally these methods of communication should not serve in the place of formal, face-to-face discussion. C. Consultation with Tribes When Drafting Policies That Have Tribal Implications. To the extent practicable and permitted by law, HUD shall make reasonable efforts to consult with tribal officials concerning proposed policies that have tribal implications, before such policies are drafted, in order to facilitate greater tribal participation in development of the proposed policies. Such consultation shall include on the HUD Web site a notice of HUD's plans to develop such policies, and an invitation for tribal officials to comment on items that should be included in such policies. HUD shall provide a specific deadline for comments, which shall not be less than 30 days from the date of the notice. This timeline may be compressed in exigent situations. D. Notice of Proposed Policies That Have Tribal Implications. To the extent practicable and permitted by law, after proposed policies that have tribal implications have been drafted, HUD will notify the tribes of such proposed policies and will include a copy of the proposed policies with the notice. The notice shall designate the lead office in HUD Headquarters. The lead office in HUD Headquarters shall be responsible for such notification, unless it has delegated such responsibility to another office. HUD shall provide a specific deadline for tribal comments, which shall not be less than 60 days from the date of the notice. This timeline may be compressed in exigent situations. Nothing herein shall affect the deadlines established by Federal law or regulation with regard to comments in the course of the formal agency rulemaking process for the promulgation of Federal regulations. E. Tribal Response. Tribal officials may provide recommendations concerning proposed policies that have or that may have tribal implications to the lead office in HUD Headquarters no later than the deadline established in Part IV.D of this consultation policy. Such recommendations may be provided orally during meetings with HUD representatives or by written documents submitted to HUD representatives. F. Meetings. Tribes may facilitate regional meetings with HUD representatives to identify and address issues relevant to HUD policies that have tribal implications. HUD will convene at least one national tribal consultation meeting each year. To reduce costs and conserve resources to the greatest extent feasible, tribes and HUD will coordinate consultation meetings with other regularly scheduled meetings, such as multi-agency and association meetings. G. Reporting Mechanisms. In all cases when a tribe or tribes have been involved in the consultation process, HUD will maintain an Internet Web site or Web page to address the informational needs of tribes and tribal leaders. Such Web site or Web page will include relevant HUD documents and other relevant documents, including comments submitted by other tribes. HUD shall notify the tribes of the finalization of proposed policies that have tribal implications, and provide such policies to the tribes. H. Tribal Advisory Organizations, Committees, and Workgroups. HUD will work with tribal organizations, committees, or workgroups, when appropriate, to assist in facilitating involvement of tribes in decisionmaking and policy development. The work with tribal organizations, committees, and workgroups will be in coordination with, and not to the exclusion of, consultation with individual tribes on a government-to-government basis. I. Joint Federal/Tribal Workgroups. 1. A workgroup may be established by HUD and tribes to address specific issues or to draft specific policies that have tribal implications. Tribal representation should be consistent with the established standard of geographically diverse small, medium, and large tribes, whenever possible. 2. Alternate workgroup members may be appointed by written notification signed by the member. Such alternates shall possess the authority of the workgroup member to make decisions on their behalf, if such authority is so delegated to them in writing. 3. The workgroup shall be chaired by at least one tribal workgroup member, selected by the tribal workgroup members, and one HUD representative. 4. The workgroup may conduct its activities through various methods of communication, including in-person meetings, conference calls, and Internet-based meeting platforms. Workgroup members may be accompanied by other individuals for advice, as the members deem necessary. 5. Whenever possible, workgroup products should be circulated to tribal leaders for review and comment. 6. All final recommendations will be given serious consideration by HUD. V. Tribal Standing Committee On issues relating to tribal self-governance, tribal trust resources, or treaty and other rights, HUD will explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. HUD may establish a standing committee, consisting of representatives of tribal governments, to consult on the appropriateness of using negotiated rulemaking procedures on particular matters. The procedures governing such a standing committee would be established through the mutual agreement of HUD and tribal governments. VI. Unfunded Mandates To the extent practicable and permitted by law, HUD shall not promulgate any regulation that is not required by statute, that has tribal implications, and that imposes substantial direct compliance costs on such communities, unless: A. Funds necessary to pay the direct costs incurred by the Indian tribal government in complying with the regulation are provided by the Federal Government; or B. HUD, prior to the formal promulgation of the regulation: 1. Consulted with tribal officials early in the process of developing the proposed regulation; 2. In a separately identified portion of the preamble to the regulation as it is to be issued in the Federal Register, provides to the Director of the Office of Management and Budget (OMB) a description of the extent of HUD's prior [[Page 40897]] consultation with representatives of affected Indian tribal governments, a summary of the nature of their concerns, and the agency's position supporting the need to issue the regulation; and 3. Makes available to the Director of OMB any written communications submitted to HUD by such Indian tribal governments. VII. Increasing Flexibility for Indian Tribal Waivers HUD shall review the processes under which Indian tribal governments apply for waivers of statutory and regulatory requirements, and take appropriate steps to streamline those processes. A. HUD shall, to the extent practicable and permitted by law, consider any application by an Indian tribal government for a waiver of statutory or regulatory requirements, in connection with any program administered by HUD, with a general view toward increasing opportunities for utilizing flexible policy approaches, at the Indian tribal level, in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate. B. HUD shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 90 days of receipt of such application by HUD. HUD shall provide the applicant with timely written notice of the decision and, if the application for a waiver is not granted, the reasons for such denial. C. This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by HUD. Applicable civil rights statutes and regulations are not subject to waiver. VIII. Applicability of the Federal Advisory Committee Act The provisions of the Federal Advisory Committee Act (5 U.S.C. App., Pub. L. 92-463, section 2, Oct. 6, 1972, 86 Stat. 770) (FACA) do not apply to consultations undertaken pursuant to this policy. In accordance with section 204(b) of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, approved March 22, 1995, 109 Stat. 48), FACA is not applicable to consultations between the Federal Government and elected officers of Indian tribal governments (or their designated employees with authority to act on their behalf). As OMB stated in its guidelines implementing section 204(b): This exemption applies to meetings between Federal officials and employees and . . . tribal governments, acting through their elected officers, officials, employees, and Washington representatives, at which ``views, information or advice'' are exchanged concerning the implementation of intergovernmental responsibilities or administration, including those that arise explicitly or implicitly under statute, regulation, or Executive order. The scope of meetings covered by the exemption should be construed broadly to include any meetings called for any purpose relating to intergovernmental responsibilities or administration. Such meetings include, but are not limited to, meetings called for the purpose of seeking consensus; exchanging views, information, advice, and/or recommendations; or facilitating any other interaction relating to intergovernmental responsibilities or administration. (OMB Memorandum 95-20 (September 21, 1995), pp. 6-7, published at 60 FR 50651, 50653 (September 29, 1995)). IX. General Provisions This document has been adopted for the purpose of enhancing government-to-government relationships, communications, and mutual cooperation between the United States Department of Housing and Urban Development and tribes and is not intended to, and does 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. The provisions of FACA are not applicable to this policy. This document is effective on the date it is signed. Dated: April 4, 2016. Juli[aacute]n Castro, Secretary. [FR Doc. 2016-14896 Filed 6-22-16; 8:45 am] BILLING CODE 4210-67-P
![Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices 40893
United States without a visa. Travelers date with a change to the information Tribal Government-to-Government
who are entering the United States collected as a result of adding a question Consultation Policy. The purpose of this
under the VWP in the air or sea about social media to ESTA and to Form tribal consultation policy is to enhance
environment, and who have a travel I–94W, as described in the Abstract communication and coordination
authorization obtained through ESTA, section of this document. There are no between HUD and federally recognized
are not required to complete the paper changes to the burden hours or to the Indian tribes and to outline guiding
Form I–94W. information collected on Form I–94, or principles and procedures under which
Pursuant to an interim final rule the I–94 Web site. all HUD employees are to operate with
published on March 27, 2013 in the Type of Review: Revision. regard to federally recognized Indian or
Federal Register (78 FR 18457) related Affected Public: Individuals, Carriers, Alaska Native tribes. This final policy
to Form I–94, CBP has partially and the Travel and Tourism Industry. statement follows publication of an
automated the Form I–94 process. CBP Form I–94 (Arrival and Departure April 8, 2015, request for public
now gathers data previously collected Record): comment on HUD’s proposed Tribal
on the paper Form I–94 from existing Estimated Number of Respondents: Consultation Policy and, after
automated sources in lieu of requiring 4,387,550. consideration of the public comments
passengers arriving by air or sea to Estimated Time per Response: 8 submitted in response to the April 8,
submit a paper I–94 upon arrival. minutes. 2015, notice, adopts the proposed policy
Passengers can access and print their Estimated Burden Hours: 583,544. without change.
electronic I–94 via the Web site at Estimated Annual Cost to Public: FOR FURTHER INFORMATION CONTACT:
www.cbp.gov/I94. $26,325,300. Heidi J. Frechette, Deputy Assistant
ESTA can be accessed at: https:// I–94 Web site: Secretary for Native American
esta.cbp.dhs.gov. Samples of CBP Forms Estimated Number of Respondents: Programs, Office of Public and Indian
I–94 and I–94W can be viewed at: 3,858,782. Housing, Department of Housing and
http://www.cbp.gov/document/forms/ Estimated Time per Response: 4 Urban Development, 451 7th Street SW.,
form-i-94-arrivaldeparture-record and minutes. Room 4126, Washington, DC 20410,
http://www.cbp.gov/document/forms/ Estimated Annual Burden Hours: telephone number 202–401–7914 (this
form-i-94w-visa-waiver- 254,679. is not a toll-free number). Hearing- or
arrivaldeparture-record. Form I–94W (Nonimmigrant Visa speech-impaired individuals may access
Recent Changes Waiver Arrival/Departure): this number via TTY by calling the
Estimated Number of Respondents: Federal Relay Service at 800–877–8339
On December 18, 2015, the President 941,291.
signed into law the Visa Waiver (this is a toll-free number).
Estimated Time per Response: 16
Program Improvement and Terrorist SUPPLEMENTARY INFORMATION:
minutes.
Travel Prevention Act of 2015 as part of Estimated Annual Burden Hours: Background
the Consolidated Appropriations Act of 251,325.
2016. To meet the requirements of this Executive Order 13175 (65 FR 67249,
Estimated Annual Cost to the Public:
new Act, DHS strengthened the security published November 9, 2000) recognizes
$5,647,746.
of the VWP by enhancing the ESTA the right of Indian tribes to self-
Electronic System for Travel
application and Form I–94W. In two government and supports tribal
Authorization (ESTA):
recent emergency submissions under sovereignty and self-determination.
Estimated Number of Respondents:
the Paperwork Reduction Act, Among other things, it requires that
23,010,000.
additional questions were added to agencies have an accountable process to
Estimated Time per Response: 23
ESTA and to Form I–94W that request ensure meaningful and timely input by
minutes.
information from applicants about tribal officials in developing policies
Estimated Total Annual Burden
countries to which they have traveled that have tribal implications. On
Hours: 8,812,830.
on or after March 1, 2011; countries of November 5, 2009, President Obama
Estimated Annual Cost to the Public:
which they are citizens/nationals; reaffirmed the government-to-
$265,020,000.
countries for which they hold passports; government relationship between the
Dated: June 20, 2016, Federal Government and Indian tribal
and Global Entry Numbers.
Tracey Denning, governments in a White House
Proposed Changes Agency Clearance Officer, U.S. Customs and memorandum that acknowledges that
DHS proposes to add the following Border Protection. Indian tribes exercise inherent sovereign
question to ESTA and to Form I–94W: [FR Doc. 2016–14848 Filed 6–22–16; 8:45 am] powers over their members and
‘‘Please enter information associated BILLING CODE 9111–14–P territory. The November 5, 2009,
with your online presence—Provider/ memorandum also acknowledged that
Platform—Social media identifier.’’ It the United States will continue to work
will be an optional data field to request DEPARTMENT OF HOUSING AND with Indian tribes on a government-to-
social media identifiers to be used for URBAN DEVELOPMENT government basis to address issues
vetting purposes, as well as applicant concerning Indian tribal self-
contact information. Collecting social [Docket No. FR–5651–N–03] government, tribal trust resources, and
media data will enhance the existing
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Tribal Government-to-Government Indian tribal treaty and other rights.
investigative process and provide DHS Consultation Policy Development of HUD Tribal
greater clarity and visibility to possible
Government-to-Government
nefarious activity and connections by AGENCY: Office of the Secretary, HUD.
Consultation Policy
providing an additional tool set which ACTION: Notice of final policy statement.
analysts and investigators may use to Consistent with Executive Order
better analyze and investigate the case. SUMMARY: In compliance with Executive 13175, and the Presidential
Current Actions: This submission is Order 13175, ‘‘Consultation with Indian memorandum of November 5, 2009,
being made to extend the expiration Tribal Governments,’’ HUD adopts this HUD undertook a series of consultations
VerDate Sep<11>2014 17:24 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1](https://thefederalregister.org/doc/81_FR_41014/page/1.svg)
![40894 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices
and requested public comment on this comments on the notice. Comments in meaningful consultation with
consultation policy statement. were received from tribes and tribal individual tribes.
Beginning in January 2010, HUD held a housing authority officials, nonprofits, HUD Response: HUD agrees with the
series of HUD-tribal regional advocacy groups, and interested commenter that consultation can be
consultations to discuss HUD’s existing members of the public. After initiated by the tribes. HUD is not
tribal consultation policy. Each considering public comment, HUD making this change, however, since
consultation session was hosted by one decided not to make any changes to its nothing in this consultation policy
of the six Office of Native American draft policy published on April 8, 2015. prevents tribe from contacting or
Programs (ONAP) Area Office As a result, this notice establishes initiating consultation with HUD.
Administrators. Prior to all meetings, HUD’s Tribal Government-to- Comment: Policy Must Address
the ONAP Area Office sent out Government Consultation Policy. HUD Confidentiality of Tribal Interests. One
invitation letters to all tribes and tribally would like to respond, however, to commenter, citing Pueblo of Sandia v
designated housing entities to inform several comments received in response United States, 50 F.3d 856, 861–62
them of the meetings. The invitation to its April 8, 2015, request for (10th Cir. 1995), stated that it is critical
package included the President’s comments. to engage in tribal consultation in a
memorandum, Executive Order 13175, Comment: Consultation Requires manner that exhibits sensitivity to and
HUD’s current tribal consultation Negotiated Rulemaking. One commenter respect for tribal confidentiality
policy, and a list of questions designed stated that the consultation policy concerns regarding cultural, religious,
to prompt discussion and focus on the should recognize that any changes to political, and other intra-tribal affairs.
issues. HUD’s Deputy Assistant regulations that directly impact tribes or According to the commenter, the
Secretary for ONAP attended a tribal members require negotiated current draft policy does not contain
Northwest ONAP and Eastern/ rulemaking. According to the any provision to address the
Woodlands ONAP session, and HUD’s commenter, there have been changes to confidentiality of tribal interests. As a
Assistant Secretary for Public and regulations that had a direct, negative result, the commenter recommended
Indian Housing participated in the impact upon tribal members, and the that the policy be revised to require that
initial session held in Suquamish, only consultation performed was a HUD develop appropriate safeguards
Washington. Participants at each of the ‘‘Dear Tribal Leader’’ letter. The and policies to ensure adequate
consultation sessions were informed commenter stated that the new protection of tribal confidentiality
that an electronic mailbox had been consultation policy should prevent interests throughout the entire
established to receive their comments those lapses in the future by enshrining consultation process.
and that HUD’s CODETALK Web site a mandatory negotiated rulemaking HUD Response: HUD appreciates the
would be used to display all comments prior to these kinds of changes. comment and shares the commenter’s
received. The comments from HUD Response: HUD disagrees that concerns regarding the importance of
participants who attended these negotiated rulemaking is required for all ensuring the confidentiality of tribal
consultations, as well as all comments of HUD’s regulatory actions that impact interests when appropriate. HUD also
received by other means, were the tribes. Rather, section 106 of the believes, however, that consultation and
consolidated by HUD’s ONAP. HUD Native American Housing and Self- collaboration as envisioned by
carefully reviewed all comments Determination Act (NAHASDA), as Executive Order 13175 and the
received from all sources, responded, amended, limits negotiated rulemaking Presidential memorandum of November
and made changes to the existing HUD to ‘‘any regulation that may be required 5, 2009, require transparency and
consultation policy based on these pursuant to requirements made to fairness with all tribes to build trust
comments, as appropriate. [NAHASDA] after the effective date of among the tribes and the Federal
HUD conducted a second round of enactment of this Act [October 1, Government. Notwithstanding, HUD
tribal consultation by sending the 2008].’’ See 25 U.S.C. 4116(b). will be sensitive to tribal confidentiality
revised draft policy to all tribal leaders Procedures for implementing this interests throughout the entire
for their comment. On November 12, requirement were recently codified in consultation policy.
2014, the Department provided all tribal 24 CFR 1000.9. As a result, while HUD Tribal Government-to-Government
leaders a draft version of HUD’s revised negotiated rulemaking is required under Consultation Policy
tribal government-to-government the Indian Housing Block Grant
consultation policy and requested their program, HUD believes that negotiated I. Introduction
feedback and opinion on the draft. In rulemaking is only one method of tribal A. The United States Government has
response to the Department’s November consultation, and that there are other a unique relationship with American
12, 2014, request for comments, the forms of consultation that ensure tribal Indian governments as set forth in the
Department received three comments participation in HUD policy that might Constitution of the United States,
from Indian tribes and a national affect the tribes. treaties, statutes, judicial decisions, and
organization that represents the housing Comment: Policy Should Make Clear Executive orders and Presidential
interests of Native Americans. that Tribes Can Initiate Consultation. memorandums.
More recently, on April 8, 2015, at 70 One commenter stated that the policy as B. On April 29, 1994, a Presidential
FR 18858, HUD published a Federal written only addresses the initiation of memorandum was issued reaffirming
Register notice requesting public consultation by HUD and does not the Federal Government’s commitment
comment on its tribal government-to- address the ability of tribes to initiate
asabaliauskas on DSK3SPTVN1PROD with NOTICES
to operate within a government-to-
government consultation policy. HUD consultation with HUD on any specific government relationship with federally
published this notice consistent with issue or proposed policy that has tribal recognized American Indian and Alaska
Executive Order 13175 and a November implications. The commenter Native tribes, and to advance self-
5, 2009, Presidential memorandum that recommended that the policy be revised governance for such tribes.1 The
reaffirms the government-to-government to clarify that tribes can initiate Presidential memorandum directs each
relationship between the Federal consultation and that this right in no
Government and Indian tribal way alleviates HUD’s regular and 1 See http://www.gpo.gov/fdsys/pkg/FR-1994-05-
governments. HUD received eight public ongoing obligation to initiate and engage 04/html/94-10877.htm.
VerDate Sep<11>2014 17:24 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1](https://thefederalregister.org/doc/81_FR_41014/page/2.svg)
![Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices 40897
consultation with representatives of ‘‘views, information or advice’’ are ADDRESSES: Interested persons are
affected Indian tribal governments, a exchanged concerning the implementation of invited to submit comments regarding
summary of the nature of their concerns, intergovernmental responsibilities or this proposal. Comments should refer to
administration, including those that arise
and the agency’s position supporting the explicitly or implicitly under statute,
the proposal by name and/or OMB
need to issue the regulation; and regulation, or Executive order. Control Number and should be sent to:
3. Makes available to the Director of The scope of meetings covered by the Anna Guido., QDAM, Information
OMB any written communications exemption should be construed broadly to Reports Management Officer,
submitted to HUD by such Indian tribal include any meetings called for any purpose Department of Housing and Urban
governments. relating to intergovernmental responsibilities Development, 451 7th Street SW.,
or administration. Such meetings include, L’Enfant Plaza Building, Room 4186,
VII. Increasing Flexibility for Indian but are not limited to, meetings called for the
Tribal Waivers Washington, DC 20410; email:
purpose of seeking consensus; exchanging
views, information, advice, and/or Anna.P.Guido@hud.gov; telephone (202)
HUD shall review the processes under 708–2384. This is not a toll-free number.
recommendations; or facilitating any other
which Indian tribal governments apply interaction relating to intergovernmental Copies of available documents
for waivers of statutory and regulatory responsibilities or administration. (OMB submitted to OMB may be obtained
requirements, and take appropriate Memorandum 95–20 (September 21, 1995), from Ms. Guido.
steps to streamline those processes. pp. 6–7, published at 60 FR 50651, 50653
FOR FURTHER INFORMATION CONTACT:
A. HUD shall, to the extent (September 29, 1995)).
Shalei Choi, Ginnie Mae, 451 7th Street
practicable and permitted by law,
IX. General Provisions SW., Room B–133, Washington, DC
consider any application by an Indian
This document has been adopted for 20410; email—Shalei.Choi@hud.gov;
tribal government for a waiver of
the purpose of enhancing government- telephone—(202) 475–7820; (this is not
statutory or regulatory requirements, in
to-government relationships, a toll-free number); the Ginnie Mae Web
connection with any program
communications, and mutual site at www.ginniemae.gov for other
administered by HUD, with a general
cooperation between the United States available information.
view toward increasing opportunities
for utilizing flexible policy approaches, Department of Housing and Urban SUPPLEMENTARY INFORMATION: The
at the Indian tribal level, in cases in Development and tribes and is not Department will submit the proposed
which the proposed waiver is consistent intended to, and does not, create any information collection to OMB for
with the applicable Federal policy right to administrative or judicial review, as required by the Paperwork
objectives and is otherwise appropriate. review, or any other right or benefit or Reduction Act of 1995 (44 U.S.C.
B. HUD shall, to the extent practicable trust responsibility, substantive or Chapter 35, as amended).
and permitted by law, render a decision procedural, enforceable by a party
against the United States, its agencies or A. Overview of Information Collection
upon a complete application for a
waiver within 90 days of receipt of such instrumentalities, its officers or Title of Proposal: Ginnie Mae
application by HUD. HUD shall provide employees, or any other persons. The Multiclass Securities Program
the applicant with timely written notice provisions of FACA are not applicable Documents. (Forms and Electronic Data
of the decision and, if the application to this policy. This document is Submissions).
for a waiver is not granted, the reasons effective on the date it is signed. OMB Control Number, if applicable:
for such denial. Dated: April 4, 2016. 2503–0030.
C. This section applies only to Julián Castro,
Type of Information Collection:
statutory or regulatory requirements that Extension of a currently approved.
Secretary.
are discretionary and subject to waiver Description of the need for the
[FR Doc. 2016–14896 Filed 6–22–16; 8:45 am]
by HUD. Applicable civil rights statutes information and proposed use: This
BILLING CODE 4210–67–P
and regulations are not subject to information collection is required in
waiver. connection with the operation of the
Ginnie Mae Multiclass Securities
VIII. Applicability of the Federal DEPARTMENT OF HOUSING AND
program. Ginnie Mae’s authority to
Advisory Committee Act URBAN DEVELOPMENT
guarantee multiclass instruments is
The provisions of the Federal [Docket No. FR–5912–N–01] contained in 306(g)(1) of the National
Advisory Committee Act (5 U.S.C. App., Housing Act (‘‘NHA’’) (12 U.S.C.
Pub. L. 92–463, section 2, Oct. 6, 1972, 60-Day Notice of Proposed Information 1721(g)(1)), which authorizes Ginnie
86 Stat. 770) (FACA) do not apply to Collection Ginnie Mae Multiclass Mae to guarantee ‘‘securities * * *
consultations undertaken pursuant to Securities Program Documents (Forms based on or backed by a trust or pool
this policy. In accordance with section and Electronic Data Submissions) composed of mortgages. * * *’’
204(b) of the Unfunded Mandates AGENCY: Office of the President of Multiclass securities are backed by
Reform Act of 1995 (Pub. L. 104–4, Government National Mortgage Ginnie Mae securities, which are backed
approved March 22, 1995, 109 Stat. 48), Association (Ginnie Mae), HUD. by government insured or guaranteed
FACA is not applicable to consultations ACTION: Notice. mortgages. Ginnie Mae’s authority to
between the Federal Government and operate a Multiclass Securities program
elected officers of Indian tribal SUMMARY: The proposed information is recognized in Section 3004 of the
collection requirement described below Omnibus Budget Reconciliation Act of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
governments (or their designated
employees with authority to act on their will be submitted to the Office of 1993 (‘‘OBRA’’), which amended
behalf). As OMB stated in its guidelines Management and Budget (OMB) for 306(g)(3) of the NHA (12 U.S.C.
implementing section 204(b): review, as required by the Paperwork 1271(g)(3)) to provide Ginnie Mae with
Reduction Act. The Department is greater flexibility for the Multiclass
This exemption applies to meetings
between Federal officials and employees and
soliciting public comments on the Securities program regarding fee
. . . tribal governments, acting through their subject proposal. structure, contracting, industry
elected officers, officials, employees, and DATES: Comments Due Date: August 22, consultation, and program
Washington representatives, at which 2016. implementation. Congress annually sets
VerDate Sep<11>2014 17:24 Jun 22, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1](https://thefederalregister.org/doc/81_FR_41014/page/5.svg)
Document Created: 2018-02-08 07:41:19
Document Modified: 2018-02-08 07:41:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final policy statement. | |
| 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 4126, Washington, DC 20410, telephone number 202-401-7914 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number). | |
| FR Citation | 81 FR 40893 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR