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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. |
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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:
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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. |
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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. |
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Summary of the Legal Basis: 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 |
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Alternatives: - |
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Anticipated Costs and Benefits: - |
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Risks: - |
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Timetable:
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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 |