Indian Affairs | Negotiated Rulemaking
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Negotiated Rulemaking

What is Negotiated Rulemaking?

Negotiated rulemaking is a process which brings together representatives of various interest groups and a federal agency to negotiate the text of a proposed rule. The goal of a negotiated rulemaking proceeding is for the Committee to reach consensus on the text of a proposed rule.


Current IA Negotiated Rulemaking Efforts

Osage Tribe Negotiated Rulemaking: http://bia.gov/osageregneg/


History of the No Child Left Behind (NCLB) School Facilities and Construction Negotiated Rulemaking Committee

The No Child Left Behind Act of 2001 (Pub. L. 107-110), codified at 25 U.S.C. 2001 et seq., requires the Secretary of the Interior to establish a negotiated rulemaking committee to issue a report or reports relating to specific areas of Indian education.

In the fall of 2006, the Department sought assistance with this effort from the U.S. Institute for Environmental Conflict Resolution (USIECR). The USIECR conducted a convening assessment and contracted with an independent, impartial convening team, the Consensus Building Institute (CBI), to carry out interviews and prepare a draft convening report. The topics covered in CBI's interviews were: methods used to catalog school facilities, formulas for prioritizing and funding school replacement construction and new construction, and formulas for prioritizing and funding school renovation and repair. The Final Convening Report prepared by CBI was released on March 5, 2008. Negotiated Rulemaking Committee on Bureau of Indian Affairs-Funded School Facilities Construction (.pdf) - 2.5 KB

On October 22, 2008, the Secretary of the Interior announced the Department's intent to form a negotiated rulemaking committee to prepare a report or reports regarding Bureau-funded school facilities as required under the No Child Left Behind Act of 2001. The Secretary requested that tribes nominate individuals for membership. Federal Register Notice [73 FR 63008] Notice of intent to form a negotiated rulemaking committee (.pdf) - 64 KB

On January 9, 2009, the Secretary of the Interior extended the deadline from December 8, 2008, to January 23, 2009, for tribes to nominate individuals for membership on the No Child Left Behind Negotiated Rulemaking Committee. Federal Register Notice [74 FR 454] Extension of time for submitting nominations (.pdf) - 60 KB

On December 11, 2009, the Secretary of the Interior appointed members of the Committee to prepare and submit a report or reports regarding Bureau-funded school facilities. Federal Register Notice [74 FR 65784] No Child Left Behind Act of 2001 - Membership of the School Facilities and Construction Negotiated Rulemaking Committee (.pdf) - 60 KB

On December 8, 2009, the Secretary of the Interior signed the Charter for the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee (Committee), official designation. The Charter was then filed on January 4, 2010.

For additional information and links to specific documents related to the NCLB consultation and reporting process, please go to the Archived NCLB Documentation webpage.