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DOI/BIA RIN: 1076-AF62 Publication ID: Fall 2024 
Title: Self-Governance PROGRESS Act Regulations 
Abstract:

This rule implements the requirements of the Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act (PROGRESS Act) requiring updates to Indian Affairs’ regulations governing Tribal Self-Governance.  The PROGRESS Act amends subchapter I of the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301 et seq., which addresses Indian Self-Determination, and subchapter IV of the ISDEAA which addresses DOI's Tribal Self-Governance Program. The PROGRESS Act called for a negotiated rulemaking committee to be established under 5 U.S.C. 565, with membership consisting only of representatives of Federal and Tribal governments, with the Office of Self-Governance serving as the lead agency for the DOI. The PROGRESS Act also authorized the Secretary to adapt negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes. The Department held four consultation sessions on January 15, 2024, January 17, 2024, January 19, 2024, and January 22, 2024, where it received Tribal government input pursuant to Executive Order 13175 criteria and the Department’s policy on meaningful communication and collaboration with Tribal officials. In the final rule phase, the Department will respond to comments received and make revisions as deemed appropriate.

 
Agency: Department of the Interior(DOI)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 25 CFR 1000   
Legal Authority: Pub. L. 116-180    25 U.S.C. 5301 et seq.    5 U.S.C. 565    25 U.S.C. 2    25 U.S.C. 9   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  PROGRESS Act.  12/21/2024 

Overall Description of Deadline: The PROGRESS Act requires publication of proposed regulations by July 21, 2021 (21 months after the date of enactment). The date was extended by FY 2024 Continuing Resolution (October, 11, 2023), which allows the Negotiated Rulemaking Committee the authority to continue its work through December 21, 2024.

Statement of Need:

This final rule would implement the requirements of the Practical Reforms and Other Goals To Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act (PROGRESS Act) requiring updates to Indian Affairs’ regulations governing Tribal Self-Governance. Specifically, it enacts several changes to the Indian Self-determination and Education Assistance Act (ISDEAA), primarily concerned with the content, approval criteria, and process for entering into compacts for Tribal self-governance.

Summary of the Legal Basis:

Pub. L. 116-18025 U.S.C. 5301 et seq.5 U.S.C. 56525 U.S.C. 225 U.S.C. 9

Alternatives:

-

Anticipated Costs and Benefits:

-

Risks:

-

Timetable:
Action Date FR Cite
NPRM  07/15/2024  89 FR 57524   
NPRM Comment Period End  08/22/2024  89 FR 57524   
Final Action  12/00/2024 
Final Action Effective  01/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Oliver Whaley
Director, Office of Regulatory Affairs and Collaborative Action - Indian Affairs
Department of the Interior
Bureau of Indian Affairs
1001 Indian School Road NW, Suite 229,
Albuquerque, NM 87104
Phone:202 738-6065
Email: oliver.whaley@bia.gov