Self-Governance Title V

Public Law 106-260 [PDF-155KB]
The Tribal Self-Governance Amendments of 2000, was signed into law on August 18, 2000. This legislation adds Title V and VI to the Indian Self-Determination and Education Assistance Act of 1975, as amended. This website focuses on Title V activities. [For information of Title VI, see the HHS Title VI Website and Access to the HHS Tribal Self-Governance Feasibility Evaluation Study]

The Final Rule implementing Title V of the Tribal Self-Governance Amendments of 2000, Public Law 106-260 (the Act) [PDF-237KB]
Was published in the Federal Register on May 17, 2002, with an effective date of June 17, 2002.

The Final Rule was negotiated among representatives of Self-Governance and non-Self-Governance Tribes and the HHS. The Final Rule includes provisions governing how HHS/IHS carries out its responsibility to Indian Tribes under the Act and how Indian Tribes carry out their responsibilities under the Act. As required by section 517(b) of the Act, the Department has developed this final rule with active Tribal participation of Indian Tribes, inter-Tribal consortia, Tribal organizations and individual Tribal members, using the guidance of the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq.

TRIBAL SELF-GOVERNANCE AMENDMENTS OF 2000 ~ NEGOTIATED RULEMAKING COMMITTEE: REPORT

Read about the negotiated rulemaking process for Title V in the Tribal Self-Governance Amendments of 2000 ~ Negotiated Rulemaking Committee: Report [PDF-178KB]

The negotiated rulemaking process is one that is evolving and uniquely suited to rulemaking affecting tribal governments. Traditional rulemaking under the Administrative Procedures Act (APA) was historically contentious and often ended unsuccessfully. Negotiated rulemaking, while still challenging, provides tribal representatives an opportunity to participate on an equal basis with federal representatives.

The extraordinary success of this rulemaking can be attributed to many factors, which can be replicated. First, the representatives had worked with each other previously and were familiar with the subject matter. The tribal and federal representatives participated as equals. The authorizing statute set forth time limits, after which regulations could not be adopted, so everyone shared a sense of urgency. The Committee members agreed to limit the scope of the regulations. All of the participants respected each other and were willing to work hard - holding extra meetings and working late when needed to meet the deadlines. When issues became contentious or arguments repetitive, Committee members were willing to "step back" and think about alternative approaches. In order to strengthen and further the process through tribal/federal partnership and consensus, an account of negotiated rulemaking for Title V of Public Law 106-260 follows.