What is Negotiated Rulemaking?
The Negotiated Rulemaking Act provides that an agency, when determining the need for negotiated rulemaking, should consider a number of factors including, but not limited to, whether "there are a limited number of identifiable interests that will be significantly affected by the rule." Negotiated rulemaking is therefore a process which brings together representatives of various interest groups and a Federal Government agency to negotiate the text of a proposed rule; this group is called the negotiated rulemaking committee. The goal of a negotiated rulemaking proceeding is for the negotiated rulemaking committee to reach consensus on the text of a proposed rule. A brief overview of the negotiated rulemaking process can be found here.
RACA developed guidance for Indian Affairs that explains the negotiated rulemaking process from committee creation through the publication of the final rule and can be found here.
Negotiated rulemaking committees are subject to the requirements of the Federal Advisory Committee Act (FACA), unless otherwise provided by statute. An overview of FACA can be found here.
