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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules
well as the need for continuity, the Secretary reserves the right to replace any member who is unable to participate in the Committees meetings.
Under 5 U.S.C. 568c, members of a negotiated rulemaking committee are responsible for their own expenses of participation in such committee, except that an Agency may, in accordance with Section 7d of the FACA, pay for a members reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if:
Such member certifies a lack of adequate financial resources to participate in the Committee; and The agency determines that such members participation in the Committee is necessary to assure an adequate representation of the members interest.
The DOI commits to pay the reasonable travel and per diem expenses of Committee members, if appropriate, under the NRA and Federal travel regulations.
E. Facilitator The Committee may use a neutral facilitator. The facilitator will not be involved with the substantive development or enforcement of the regulation. The facilitators role is to help the negotiation process run smoothly, and help participants define and reach consensus.
F. Administrative and Technical Support The DOI will provide sufficient administrative and technical resources for the Committee to complete its work in a timely fashion. The DOI, with the help of the facilitator, will prepare and provide a final report of any issues on which the Committee reaches consensus.
G. Training and Organization At the first meeting of the Committee, a neutral facilitator will provide training on negotiated rulemaking, interest-based negotiations, and consensus-building. In addition, at the first meeting, Committee members will make organizational decisions concerning protocols, scheduling, and facilitation of the Committee.
H. Committee Meeting Procedures The members of the Committee, with the assistance of the facilitator, may adopt procedures for Committee meetings.
IV. Request for Nominations to the Committee The PROGRESS Act requires that the Committee be comprised of only Federal
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and Tribal government representatives.
Tribes may nominate Tribal leaders to serve on the Committee who will adequately represent the interests that are likely to be significantly affected by the proposed rule. Each nomination is expected to include a nomination for a primary representative and an alternate who can fulfill the obligations of membership should the primary representative be unable to attend. The Committee membership should reflect a diversity of interests, and nominees should only be of representatives and alternates who:
Are elected officials of Tribal governments or their designated employees with authority to act on their behalf acting in their official capacities;
and Will be able to:
Represent one or more of the specified interests with the authority to embody the views of that interest, communicate with interested constituents, and have a clear means to reach agreement on behalf of the interests;
Coordinate, to the extent possible, with other interests who may not be represented on the Committee;
Negotiate effectively on behalf of the interests represented;
Commit the time and effort required to attend and prepare for meetings; and Collaborate among diverse parties in a consensus-seeking process.
The DOI will consider nominations for representatives only if they are nominated through the process identified in this Notice of Intent. The DOI will not consider any nominations that we receive in any other manner.
The DOI will not consider nominations for Federal representatives; only the Secretary may nominate Federal employees to the Committee.
Nominations must include the following information about each nominee:
1. A current letter from the governing body or chairperson of the Tribe representing one of the interests identified supporting the nomination of the individual to serve as a representative for the Tribe on the Committee;
2. A resume reflecting the nominees qualifications and experience, to include the nominees name, Tribal affiliation, job title, major job duties, employer, business address, business telephone and fax numbers and business email address, if applicable;
3. The interests to be represented by the nominee see Section III.C of this notice and whether the nominee will
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represent other interests related to this rulemaking; and 4. A brief description of how the nominee will represent the views of the identified interests, communicate with constituents, and have a clear means to reach agreement on behalf of the interests they are representing.
5. A statement on whether the nominee is only representing one interest or whether the expectation is that the nominee represents a specific group of interests.
To be considered, nominations must be received by the close of business on the date listed in the DATES section, at the location indicated in the ADDRESSES
section.
V. Solicitation of Public Comments Members of the public are invited to submit comments on this proposal to establish the Committee.
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire commentincluding your personal identifying informationmay be made publicly available at any time.
While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
VI. Next Steps Following the receipt of nominations and comments, DOI will publish a second notice in the Federal Register with a list of persons to represent the interests that are likely to be significantly affected by the rule and the person or persons proposed to represent the DOI. Persons who will be significantly affected by the proposed rule and who believe that their interests will not be adequately represented by any person specified in that second Federal Register notice will be given an opportunity to apply or nominate another person for membership on the Committee to represent such interests with respect to the proposed rule.
Following the second Federal Register notice and responses to it, DOI
expects to establish the Committee.
After the Committee reaches consensus on the recommended provisions of the proposed rule, as discussed in more detail below, the DOI will publish a proposed rule in the Federal Register.
VII. Determination That Negotiated Rulemaking is in the Public Interest Under 5 U.S.C. 563, the head of the agency is required to determine that the use of the negotiated rulemaking procedure is in the public interest.

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