[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)] [Notices] [Pages 1194-1195] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-448] ======================================================================= ----------------------------------------------------------------------- ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS Notice of Availability of the ACIR Preliminary Report on The Role of Federal Mandates in Intergovernmental Relations, January 1996 SUMMARY: As required by Section 302(c) of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the Advisory Commission on Intergovernmental Relations (ACIR) (42 U.S.C. 4271) hereby announces the availability of the Preliminary Report on The Role of Federal Mandates in Intergovernmental Relations. The Preliminary Report was approved by the Commission on January 5, 1996, and is currently available to the public upon request. ACIR is soliciting comments on the report through March 15, 1996. FOR FURTHER INFORMATION CONTACT: Philip M. Dearborn, Director, Government Finance Research, ACIR, 800 K Street, NW., Suite 450, South Tower, Washington, DC 20575, Phone: (202) 653-5540, FAX: (202) 653-5429 SUPPLEMENTARY INFORMATION: The Advisory Commission on Intergovernmental Relations (ACIR) is charged in Section 302 of the Unfunded Mandates Reform Act of 1995 with investigating and reviewing the role of Federal mandates in intergovernmental relations and with making recommendations to the President and the Congress. For purposes of Section 302, the law defines ``Federal mandate'' as ``any provision in statute or regulation or any Federal court ruling that imposes an enforceable duty on state, local, or tribal governments including a condition of Federal assistance or a duty arising from participation in a voluntary Federal program''. ACIR began its review process by adopting criteria for identifying mandate issues of significant concern and the types of problems to be analyzed. These criteria were published in the Federal Register on July 6, 1995. After development of the criteria, ACIR solicited information on existing federal mandates from a variety of sources including the general public, state, local, and tribal governments and organizations representing the officials of such governments, and public and private organizations interested in mandate issues. Information was received from over half the states, eight municipal leagues, four state associations of counties, several national associations representing state and local governments, and a variety of local government officials. From the correspondence received, ACIR selected 14 mandates for special analysis. The 14 mandates selected for review illustrate the diverse, complex, and troubling challenges that federal mandates pose for our nation's intergovernmental system. In examining the individual mandates, the Commission primarily considered the fundamental intergovernmental issues associated with the mandate. We urge those reviewing the report to give similar attention to the roles of federal, state, local, and tribal governments as they relate to the mandate. Common Issues ACIR's review of existing federal mandates found a number of common issues among the mandates. The following six common issues are discussed in the report along with a proposed ACIR recommendation: (1) Detailed procedural requirements; (2) Lack of federal concern about mandate costs; (3) Federal failure to recognize state and local government's public accountability; (4) Lawsuits by individuals against state and local governments to enforce federal mandates; (5) Inability of very small [[Page 1195]] local governments to meet mandate standards and timetables; and, (6) Lack of coordinated federal policy with no federal agency empowered to make binding decisions about a mandate's requirements. Summary of Recommendations on Individual Mandates The Preliminary Report summarizes proposed recommendations for each of the 14 individual mandates reviewed into three categories. [Note: The Preliminary Report includes a fuller discussion of the individual mandates and the respective proposed recommendations. In addition, Appendix A contains a description of the requirements imposed by the mandate, a discussion of the mandate's background and history, a listing of the concerns expressed by state and local governments, and the recommendation options considered.] The Commission finds that the following mandates as they apply to state and local governments do not have a sufficient national interest to justify intruding on state and local government abilities to control their own affairs. Thus, ACIR recommends repealing the provisions in these laws that extend coverage to state and local governments.Fair Labor Standards Act. Family and Medical Leave Act. Occupational Safety and Health Act. Drug and Alcohol Testing of Commercial Drivers. Metric Conversion for Plans and Specifications. Medicaid: Boren Amendment. Required Use of Recycled Crumb Rubber. The Commission finds that the following mandates are necessary because national policy goals justify their use. Thus, ACIR recommends retaining these mandates with modifications to accommodate budgetary and administrative constraints on state and local governments. Clean Water Act. Individuals with Disabilities Education Act. American with Disabilities Act. The Commission finds that the following mandates are related to acceptable national policy goals, but they should be revised to provide greater flexibility in implementation procedures and more participation by state and local governments in development of mandate policies. Thus, ACIR recommends revising these mandates to provide greater flexibility and increased consultation. Safe Drinking Water Act. Endangered Species Act. Clean Air Act. Davis-Bacon Related Acts. Report Availability and Public Comments The Unfunded Mandates Reform Act of 1995 requires ACIR to hold public hearings on the recommendations contained in the Preliminary Report. To satisfy the statutory requirement, ACIR is sponsoring a Conference on Mandates, March 6-7, 1996, in Washington, DC. In addition, ACIR is soliciting comments on the Preliminary Report from all interested parties. Copies of the Preliminary Report and information on the conference may be obtained from ACIR, 800 K Street, NW., Suite 450, South Tower, Washington, DC 20575. Phone: (202) 653-5540, FAX: (202) 653-5429. Comments on the Preliminary Report should be addressed to Philip M. Dearborn, Director, Government Finance Research, ACIR. To assure consideration prior to the drafting of a final report, comments should be received by ACIR on or before March 15, 1996. Dated: January 11, 1996. William E. Davis, Executive Director. [FR Doc. 96-448 Filed 1-16-96; 8:45 am] BILLING CODE 5500-01-M