Juneau, AK (December 1, 2021) – The United States Department of the Interior’s (DOI) Bureau of Indian Affairs recently announced proposed membership for the Practical Reforms and Other Goals to Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes Act of 2019 (PROGRESS Act) Negotiated Rulemaking Committee.
The proposed committee membership list includes both primary and alternate representatives – 14 tribal representatives (seven primary, seven alternate) and 12 federal representatives (six primary, six alternate). Of the 14 tribal representatives selected for the proposed membership, three of the Central Council of the Tlingit & Haida Indian Tribes of Alaska’s (Tlingit & Haida) leaders were included – President Richard Chalyee Éesh Peterson as a primary representative and both Second Vice President William Micklin and Sitka Delegate Gerry Hope as alternate representatives.
“I am very humbled and honored to carry out the responsibility of this appointment," said President Peterson. “I am committed to engaging with our tribes to ensure our voices are heard at the highest level. My experience working closely with tribes across the state through the Alaska Tribal Unity coalition and with our Southeast Alaska tribes will guide me in this process."
The PROGRESS Act was signed into law in October 2020 and has been described as one of the most important pieces of Indian legislation in history that gives greater control and flexibility in the administration of federal programs to Indian tribes. It amends several provisions in Title I (Self-Determination Contracting) and Title IV (DOI Self-Governance Program) of the Indian Self-Determination and Education Assistance Act (ISDEAA), also known as Public Law (P.L.) 93-638.
The Title IV amendments create administrative efficiencies by streamlining DOI’s self-governance compacts approval processes to conform with Title V and Title I amendments clarify reporting requirements, establish rules of interpretation, and provide for technical assistance to tribes.
"The principles of tribal sovereignty and self-determination are at the core of the United States’ government-to-government relationship with tribes by promoting tribal control and administration of federal Indian programs, and providing clear requirements for negotiating self-determination contracts and self-governance compacts," said Vice President Micklin, who co-chaired the tribal committee that advocated for the legislation first introduced more than 15 years ago. “The PROGRESS Act will improve tribes’ ability to customize federal Indian programs to best suit their communities’ unique needs. I look forward to building on this bipartisan work in the rulemaking process to ensure the final regulations protect self-governance priorities for Indian Country.”
Once the membership has been confirmed, the committee will work to reach a consensus using a negotiated rulemaking process to advise the Secretary of the Interior (Secretary) on a proposed rule to implement the PROGRESS Act. The committee is expected to meet three to five times over the course of six to twelve months in order to publish the proposed rule for notice and comment by the statutory deadline of July 21, 2022. Although both primary and alternate representatives are expected to attend all meetings, the primary representatives will be voting members.
"As we look toward further advancements, it’s important to also look back and recognize those who helped pioneer tribal self-governance," said President Peterson. "Under President Emeritus Edward K. Thomas’ leadership, Tlingit & Haida not only engaged in the initial self-governance demonstration project, but also negotiated the first major compact with the federal government and served a pivotal role in writing every version of the federal statute on tribal self-governance.”
The DOI is soliciting comments on the proposed membership and the proposal to establish the committee. Comments must be submitted no later than December 23, 2021.
