[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]



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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