Indian Affairs seeks opinion on tribal self-government legislation

WASHINGTON, DC – The Office of the Assistant Secretary of Indian Affairs has announced proposed changes to the regulations implementing the Tribal Self-Governance Program. The proposed changes are intended to increase transparency in consultation among nations and raise standards for tribal governance. The proposed updates are required by Practical reforms and other goals to strengthen the effectiveness of the Indian Tribal Self-Government and Self-Determination Actknown as the Progress Act.

The Department of the Interior will initiate consultations among the nations on the proposed changes. These actions contribute to the Biden-Harris Administration’s historic progress in strengthening tribal sovereignty, self-determination, and prosperity, and complement the transformational investments in Indian Country made possible by President Biden’s Investing in America program. These goals are also consistent with President Biden’s Executive Order on Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Fiduciary Responsibilities and Promote a New Era of Tribal Self-Determination, which requires agencies across the federal government to ensure that federal funding for tribes is accessible, responsive, and equitable.

“This has been a collaborative process, with true consensus building and near unanimous agreement through the Negotiated Rulemaking Committee,” said Assistant Secretary of Indian Affairs Bryan Newland. “I thank the Negotiated Rulemaking Committee for their dedication as we work together to improve the self-governance program, enabling tribes to more effectively meet the needs of their communities. As we work to finalize this regulation, we will listen to tribes to ensure we maintain the federal trust and treaty obligations and support tribal sovereignty.”

The self-government program allows tribes to assume responsibility for administering programs and services that would otherwise be provided by the federal government to best meet the needs of their communities. Examples of programs that can be assumed include, but are not limited to, social services and law enforcement.

The regulation will apply to programs operated by the Bureau of Indian Affairs and other offices and agencies across the Department. Under the Progress Act, the proposed updates are the result of negotiated rulemaking, a consensus-based process in which federal agency representatives and individuals affected by the regulations negotiate the terms of a proposed administrative rule.

Indian Affairs will gather input on the draft regulations from tribal leaders through a series of tribal consultations in July 2024. Comments will also be accepted in written form through Monday, August 22, 2024. For details on consultation dates and locations, and how to submit comments, visit https://www.bia.gov/service/tribal-consultations/upcoming-tribal-consultation-sessions.

The Department of the Interior intends to finalize the regulations by December 21, 2024, as required by the Progress Act, as amended.