[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49969-49970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24324]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 91

[OJP No. 1099]
RIN 1121-AA41


Grants Program for Indian Tribes

AGENCY: Office of Justice Programs, Justice.

ACTION: Interim rule.

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SUMMARY: This document announces an interim rule and requests comments 
on provisions that implement the Violent Offender Incarceration and 
Truth-In-Sentencing Grants Program for Indian Tribes as required by 
Section 114 of the Fiscal Year 1996 Omnibus Consolidated Rescissions 
and Appropriations Act.

DATES: This rule becomes effective September 24, 1996. All comments 
must be received by October 24, 1996.

ADDRESSES: All comments should be addressed to Larry Meachum, Director, 
the Corrections Program Office, Office of Justice Programs, 633 Indiana 
Ave., NW., 4th Floor, Washington, DC, 20531.

FOR FURTHER INFORMATION CONTACT: Dr. Stephen P. Amos, the Corrections 
Program Office at (202) 848-6325.

SUPPLEMENTARY INFORMATION:

Overview of the Violent Offender Incarceration and Truth-In-Sentencing 
Grants Program for Indian Tribes

    Section 114 of the Fiscal Year 1996 Omnibus Consolidated 
Rescissions and Appropriations Act, Public Law 104-134 (April 26, 1996) 
(``Appropriations Act'') amends the Violent Crime Control and Law 
Enforcement Act of 1994, Subtitle A of Title II, Public Law 103-322, 
108 Stat. 1796 (September 13, 1994), as amended, codified at 42 U.S.C. 
13701 et seq., to authorize a reservation of funds for the specific 
purpose of allowing the Attorney General to make discretionary grants 
to Indian tribes. Specifically, from amounts appropriated to implement 
Subtitle A of Title II, the Appropriations Act allocates 0.3 percent in 
each of fiscal years 1996 and 1997 and 0.2 percent in each of fiscal 
years

[[Page 49970]]

1998, 1999 and 2000, for discretionary grants to Indian tribes. 
Appropriated funds for this grant program in fiscal year 1996 total 
$1.2 million. Awarded grants must be used for purposes of constructing 
jails on tribal lands for the incarceration of offenders subject to 
tribal jurisdiction.

Administrative Requirements

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. This 
rule is not a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and accordingly, 
this rule has not been reviewed by the Office of Management and Budget.

Regulatory Flexibility Act

    The Assistant Attorney General, Office of Justice Programs, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. Sec. 605(b)), 
has reviewed this Interim Rule and, by approving it, certifies that the 
Interim Rule will not have a significant economic impact on a 
substantial number of small entities. The Assistant Attorney General, 
Office of Justice Programs determined: (1) Interim Rule provides the 
outline of a program governing the award of grants to Indian Tribes; 
and (2) the award of such grants impose no requirements on small 
businesses or on other small entities, and as such, the Interim Rule 
would be in accordance with the Regulatory Flexibility Act.

National Environmental Policy Act of 1969

    This regulation has been reviewed in accordance with the Office of 
Justice Program's Procedures for Implementing the National 
Environmental Policy Act, 28 CFR Part 61. The Assistant Attorney 
General for the Office of Justice Programs has determined that this 
regulation does not constitute a major federal action significantly 
affecting the quality of the human environment and in accordance with 
the National Environmental Policy Act of 1969, Public Law 91-190, an 
Environmental Impact Statement is not required.

Small Business Regulatory Enforcement Fairness Act of 1996

    This regulation will not result in an annual effect on the economy 
of $100,000,000 or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets and therefore is not a major rule, as defined by 5 
U.S.C. 804(2).

Unfunded Mandates Reform Act of 1995

    This regulation will not result in the expenditure by State, local 
and tribal governments, in the aggregate, or by the public sector, of 
$100,000,000 or more in any one year and will not significantly or 
uniquely affect small governments.

List of Subjects in 28 CFR Part 91

    Grant Programs--Law, Indians--tribal government.

    For the reasons set out in the preamble, Title 28, Part 91, of the 
Code of Federal Rregulations is proposed to be amended as follows:

PART 91--GRANTS FOR CORRECTIONAL FACILITIES

    1. The authority citation for part 91 is revised to read as 
follows:

    Authority: Sec. 20105 of Subtitle A, Title II of the Violent 
Crime Control and Law Enforcement Act of 1994, unless otherwise 
noted.

    2. A new Subpart C is added to read as follows:
Subpart C--Violent Offender Incarceration and Truth-in-Sentencing Grant 
Programs for Indian Tribes
Sec.
91.21  Purpose.
91.22  Definitions.
91.23  Grant authority.
91.24  Grant distribution.

    Authority: 42 U.S.C. 13701 et seq. as amended by Pub.L. 104-134.


Sec. 91.21  Purpose.

    This part sets forth requirements and procedures to award grants to 
Indian Tribes for purposes of constructing jails on tribal lands for 
the incarceration of offenders subject to tribal jurisdiction.


Sec. 91.22  Definitions.

    (a) The Act means the Violent Crime Control and Law Enforcement Act 
of 1994, Subtitle A of Title II, Public Law 103-322, 108 Stat. 1796 
(September 13, 1994) as amended by the Fiscal Year 1996 Omnibus 
Consolidated Rescissions and Appropriations Act, Public Law 104-134 
(April 26, 1996), codified at 42 U.S.C. 13701 et. seq.
    (b) Assistant Attorney General means the Assistant Attorney General 
for the Office of Justice Programs.
    (c) Tribal lands means:
    (1) All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (2) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (3) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of way running through the same.
    (d) Indian Tribe means any Indian or Alaska Native tribe, band, 
nation, pueblo, village, or community that the Secretary of the 
Interior acknowledges to exist as an Indian tribe pursuant to Public 
Law 103-454, 108 Stat. 4791, and which performs law enforcement 
functions as determined by the Secretary of the Interior.
    (e) Construct jails means constructing, developing, expanding, 
modifying, or renovating jails and other correctional facilities.


Sec. 91.23  Grant authority.

    (a) The Assistant Attorney General may make grants to Indian tribes 
for programs that involve constructing jails on tribal lands for the 
incarceration of offenders subject to tribal jurisdiction.
    (b) Applications for grants under this program shall be made at 
such times and in such form as may be specified by the Assistant 
Attorney General. Applications will be evaluated according to the 
statutory requirements of the Act and programmatic goals.
    (c) Grantees must comply with all statutory and program 
requirements applicable to grants under this program.


Sec. 91.24  Grant distribution.

    (a) From the amounts appropriated under section 20108 of the Act to 
carry out sections 20103 and 20104 of the Act, the Assistant Attorney 
General shall reserve, to carry out this program--
    (1) 0.3 percent in each fiscal years 1996 and 1997; and
    (2) 0.2 percent in each of fiscal years 1998, 1999 and 2000.
    (b) From the amounts reserved under paragraph (a) of this section, 
the Assistant Attorney General may exercise discretion to award or 
supplement grants to such Indian Tribes and in such amounts as would 
best accomplish the purposes of the Act.

    Dated: September 17, 1996.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 96-24324 Filed 9-23-96; 8:45 am]
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