Notice2024-29931
Consultation with State, Local, and Tribal Governments in Regulatory Policymaking; Request for Comments; Public Listening Sessions
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Published
December 18, 2024
Issuing agencies
Administrative Conference of the United States
Abstract
The Office of the Chair of ACUS is requesting public input on Federal agency processes for consulting with State, local, and Tribal governments when agencies engage in regulatory policymaking. ACUS is accepting written comments and will hold two virtual public listening sessions. Responses to this request may inform an ongoing ACUS project, Consultation with State, Local, and Tribal Governments in Regulatory Policymaking, which, if warranted, may recommend best practices for agencies to use.
Full Text
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<title>Federal Register, Volume 89 Issue 243 (Wednesday, December 18, 2024)</title>
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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102852-102853]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29931]
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Notices
Federal Register
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Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 /
Notices
[[Page 102852]]
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Consultation with State, Local, and Tribal Governments in
Regulatory Policymaking; Request for Comments; Public Listening
Sessions
AGENCY: Administrative Conference of the United States (ACUS).
ACTION: Notice; request for comments; public listening sessions.
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SUMMARY: The Office of the Chair of ACUS is requesting public input on
Federal agency processes for consulting with State, local, and Tribal
governments when agencies engage in regulatory policymaking. ACUS is
accepting written comments and will hold two virtual public listening
sessions. Responses to this request may inform an ongoing ACUS project,
Consultation with State, Local, and Tribal Governments in Regulatory
Policymaking, which, if warranted, may recommend best practices for
agencies to use.
DATES: Written comments must be received no later than 10 a.m. (ET)
January 17, 2025.
Two virtual public listening sessions will be held on Wednesday,
January 8, 2025 (3 p.m.-5 p.m. ET), and Wednesday, January 15, 2025 (3
p.m.-5 p.m. ET).
ADDRESSES: You may submit written comments by email to <a href="/cdn-cgi/l/email-protection#dfb6b1b9b09fbebcaaacf1b8b0a9"><span class="__cf_email__" data-cfemail="fb92959d94bb9a988e88d59c948d">[email protected]</span></a>
(with ``Consultation with State, Local, and Tribal Governments in
Regulatory Policymaking'' in the subject line of the message), or by
U.S. Mail addressed to Consultation with State, Local, and Tribal
Governments in Regulatory Policymaking, Administrative Conference of
the United States, Suite 706 South, 1120 20th Street NW, Washington, DC
20036. ACUS will ordinarily post comments on the project web page
(<a href="https://www.acus.gov/projects/consultation-state-local-and-tribal-governments-regulatory-policymaking">https://www.acus.gov/projects/consultation-state-local-and-tribal-governments-regulatory-policymaking</a>) as they are received. Commenters
should not include information, such as personal information or
confidential business information, that they do not wish to appear on
the ACUS website. For the full ACUS public comment policy, please visit
<a href="https://www.acus.gov/policy/public-comment-policy">https://www.acus.gov/policy/public-comment-policy</a>.
In addition to receiving written comments, ACUS plans to hold two
virtual public listening sessions, addressing the themes specified, on
the following dates:
Listening Session 1--Wednesday, January 8, 2025 (3 p.m.-5 p.m. ET).
This listening session will focus on issues pertaining to consultation
with State and local governments.
Listening Session 2--Wednesday, January 15, 2025 (3 p.m.-5 p.m.
ET). This listening session will focus on issues pertaining to
consultation with tribal governments.
Registration is required for each virtual public listening session.
To register, please send an email to <a href="/cdn-cgi/l/email-protection#4f262129200f2e2c3a3c61282039"><span class="__cf_email__" data-cfemail="6801060e0728090b1d1b460f071e">[email protected]</span></a> by January 2, 2025
(with ``Consultation with State, Local, and Tribal Governments in
Regulatory Policymaking'' in the subject line of the message). In the
email, please: (1) provide your name and organization, if any; (2)
indicate which listening session(s) you would like to attend; and (3)
indicate whether you would like to speak during the listening
session(s). Online and dial-in information for the listening sessions
will be shared with registered participants before each session.
FOR FURTHER INFORMATION CONTACT: Becaja Caldwell, Attorney Advisor,
Administrative Conference of the United States, 1120 20th Street NW,
Suite 706 South, Washington, DC 20036; Telephone (202) 480-2080; email
<a href="/cdn-cgi/l/email-protection#b0d2d3d1dcd4c7d5dcdcf0d1d3c5c39ed7dfc6"><span class="__cf_email__" data-cfemail="563435373a3221333a3a163735232578313920">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Administrative Conference Act, 5 U.S.C.
591-596, established the Administrative Conference of the United
States. The Conference studies the efficiency, adequacy, and fairness
of the administrative procedures used by Federal agencies and makes
recommendations to agencies, the President, Congress, and the Judicial
Conference of the United States for procedural improvements (5 U.S.C.
594(1)). For further information about the Conference and its
activities, see <a href="http://www.acus.gov">www.acus.gov</a>.
Consultation With State, Local, and Tribal Governments in Regulatory
Policymaking
Consultation requirements represent an important way through which
Congress and presidents have defined, structured, and institutionalized
the Federal Government's relationship with State and local governments
and its unique nation-to-nation relationship with Tribal governments.
The Unfunded Mandates Reform Act requires agencies to develop processes
by which representatives of State, local, and tribal governments can
``provide meaningful and timely input in the development of regulatory
proposals containing significant Federal intergovernmental mandates.''
\1\ Executive Order (E.O.) 13132, Federalism, requires agencies to
consult with State and local government officials when ``formulating
and implementing policies that have federalism implications.'' \2\ E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
similarly requires agencies to consult with Tribal government officials
when ``formulating and implementing policies with Tribal
implications.'' \3\
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\1\ 2 U.S.C. 1534(a).
\2\ 64 FR 43255 (Aug. 4, 1999). `` `Policies that have
federalism implications' refers to regulations, legislative comments
or proposed legislation, and other policy statements or actions that
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the
distribution of power and responsibilities among the various levels
of government.'' Id.
\3\ 65 FR 67249 (Nov. 9, 2000). `` `Policies that have tribal
implications' refers to regulations, legislative comments or
proposed legislation, and other policy statements or actions that
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' Id.
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The President and Office of Management and Budget have periodically
issued additional directives and guidance regarding consultation with
State, local, and Tribal governments. Recent directives include
President Biden's Memorandum on Tribal Consultation and Strengthening
Nation-to-Nation Relationships \4\ and Memorandum on Uniform Standards
for Tribal Consultation.\5\
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\4\ 86 FR 7491 (Jan. 29, 2021).
\5\ 87 FR 74479 (Nov. 30, 2022).
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[[Page 102853]]
ACUS has also emphasized the importance of effective consultation
with State, local, and Tribal officials, recommending, for example,
that agencies adopt best practices for consulting with State and local
governments in cases of potential preemption of State law; \6\ consider
how State, local, and Tribal governments will be involved in the
retrospective review of agency rules; \7\ and codify regulations
describing how they obtain feedback from State, local, and Tribal
governments.\8\
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\6\ Admin. Conf. of the U.S., Recommendation 2010-1, Agency
Procedures for Considering Preemption of State Law, 76 FR 81 (Jan.
3, 2011).
\7\ Admin. Conf. of the U.S., Recommendation 2014-5,
Retrospective Review of Agency Rules, 79 FR 75114 (Dec. 17, 2014).
\8\ Admin. Conf. of the U.S., Recommendation 2020-1, Rules on
Rulemakings, 86 FR 6613 (Jan. 22, 2021).
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Agencies have adopted a variety of approaches to consulting with
State, local, and Tribal governments, and there is still more that can
be learned from a comprehensive study of agency consultation practices.
To that end, ACUS is undertaking a project to examine when and how
agencies consult with State, local, and Tribal officials on regulatory
policymaking. Among other topics, the project will address agency
policies and procedures for consulting with State, local, and Tribal
governments; agencies' approaches to identifying and engaging with
appropriate State, local, and Tribal officials; methods for utilizing
feedback from State, local, and Tribal governments in agency decision
making; and common issues and challenges that agencies face in
developing and implementing accountable processes for consultation.
Specific Topics for Public Comment
ACUS welcomes views, information, and data on all aspects of
strategies that agencies are using or might use to consult with State,
local, and/or Tribal governments when they engage in regulatory
policymaking. ACUS also seeks specific feedback on the following
questions related to agencies' consultation efforts:
1. What has been your experience regarding consultations with a
Federal agency engaging in regulatory policymaking? For example, if you
are (or were) a State, local, or Tribal government official, was any
portion of the process especially easy or particularly difficult? Do
you have specific suggestions for increasing the effectiveness of
consultations in regulatory policymaking?
2. If you have been involved in a consultation, how often are (or
were) you contacted by Federal agencies to consult on a particular
regulatory policy? How often do (or did) you contact Federal agencies
to request a consultation on a given regulatory policy? What was your
experience with requesting a consultation? What tasks do (or did) you
undertake as part of the consultation effort? At what stage in the
regulatory policymaking process were you consulted by a Federal agency?
In your experience, was that consultation timed too early,
appropriately, or too late?
3. If you have been involved in a consultation, how did you feel
your feedback during the consultation process was used by Federal
agencies? Were you satisfied with how your input was used? Why or why
not? Do you recall whether the Federal agency explained to you how they
incorporated your feedback into the regulatory policymaking process? Do
you have specific suggestions for incorporating feedback into the
regulatory policymaking process?
4. In your experience, are there certain types of information that
may be useful to share during consultation but which you may not want
to disclose, for example confidential or culturally sensitive
information? If so, do you have any specific recommendations for how
Federal Government agencies can best manage this information as it
considers a regulatory policy that may have federalism or Tribal
implications?
5. In your experience, how easy or difficult was it to locate the
appropriate agency official with responsibility for State, local, or
Tribal government matters when seeking to or engaging in consultation
efforts? How, if at all, did this impact consultation efforts? Do you
have any specific recommendations to facilitate communication among
Federal, State, local, and Tribal government officials for
consultations on regulatory policymaking?
6. If you are familiar with agency policies on State, local, or
Tribal government consultation, what are your thoughts on such
policies?
7. In your experience, what makes a consultation successful? What
makes a consultation unsuccessful? Do you have any specific
recommendations on reducing barriers to effective and meaningful
consultation among and between Federal, State, local, and Tribal
government officials?
8. In your opinion, what role can State, local, and government
officials play to facilitate consultation, and how should Federal
Government agencies encourage such actions, if at all?
Dated: December 12, 2024.
Shawne C. McGibbon,
General Counsel.
[FR Doc. 2024-29931 Filed 12-17-24; 8:45 am]
BILLING CODE 6110-01-P
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