The PROGRESS for Indian Tribes Act (PROGRESS Act), Pub. L. 116-180 (Title IV Amendments to the Indian Self-Determination and Education Assistance Act), was enacted in 2020 to enhance and streamline the Department of the Interior’s (DOI) implementation of Tribal Self-Governance authority, which enables Tribal governments to administer certain DOI programs. The Secretary of the Interior established the Tribal/Federal PROGRESS Act Negotiated Rulemaking Committee (Committee), comprised of Tribal and Federal representatives from Tribal governments and DOI to negotiate and develop a proposed regulation to implement the PROGRESS Act.
The Department of the Interior released its DTLL announcing its proposed rule amending regulations governing implementation of subchapter IV of the Indian Self-Determination and Education Assistance Act (ISDEAA) and the Department’s Tribal Self-Governance Program. The PROGRESS Act called for these updates. DOI held 3 in-person and one virtual Consultation.
Written comments must be submitted by August 22, 2024.
The Tribal Co-Chairs for the Negotiated Rulemaking Committee offer the following letter to Tribal leaders:
We will share Tribal Comments submitted to the DOI as they are shared with us. See below for examples of comments:
In general, the Committee reached consensus on most parts of the draft regulations. However, there are a few areas of non-consensus. Tribal representatives of the Committee drafted the following talking points for Tribal leaders to consider using during the Consultations.
The following document identifies regulatory language and proposals supported by Tribal representatives on the PROGRESS Act Rulemaking Committee addressing non-consensus issues:
Self-Governance PROGRESS Act Negotiated Rulemaking Committee Final Federal Report
Draft Final Rule
View a plenary discussion that took place during the 2024 Tribal Self-Governance Conference on the PROGRESS Act rulemaking process and the proposed regulations: