[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Notices]
[Pages 67058-67059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32200]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Road Maintenance Funding Distribution Methodology

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: In response to recommendations from the Joint Tribal/BIA/DOI 
Reorganization Task Force, the Road Maintenance program was transferred 
from the Other Recurring Programs account to the Tribal Priority 
Allocations account in FY 1995. This notice is of a proposed 
methodology and formula for distributing Bureau of Indian Affairs (BIA) 
road maintenance funds to tribal bases within the Tribal Priority 
Allocations accounting system.

DATES: Comments must be received on or before February 3, 1997.

ADDRESSES: Send written comments to the Chief, Division of 
Transportation, Bureau of Indian Affairs, 1849 ``C'' Street, N.W., Mail 
Stop 4058 MIB, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Chief, Division of Transportation, 
Bureau of Indian Affairs at (202) 208-4359.

SUPPLEMENTARY INFORMATION: The FY 1995 Department of the Interior and 
Related Agencies Appropriations Act (Public Law 103-332) transferred 
the Road Maintenance funds from the Other Recurring Programs account to 
the Tribal Priority Allocations (TPA) account within the Bureau's 
Budget. The House and Senate Appropriations Committees directed that 
the transfer of these program funds into each tribal base for setting 
priorities and funding levels follow specific procedures, as 
recommended by the Joint Tribal/BIA/DOI Reorganization Task Force. 
These procedures are described in House Report 103-551, Senate Report 
103-294, and Conference Report 103-740.
    The Conference Report specifically stated, ``With regard to the 
road maintenance funds which have been transferred to tribal priority 
allocations, the managers expect these funds to be distributed as in 
the past during fiscal year 1995, while the Bureau prepares a Federal 
Register notice with the proposal for allocating the funds to tribal 
bases. The notice should also address how priorities for the use of 
these funds, in accordance with Federal Highway Trust Fund 
requirements, will be maintained after distribution to the tribes. The 
managers agree that no change in the distribution of these funds will 
occur until these issues are resolved satisfactorily, and expect the 
Bureau to work closely with the tribes to reach such a resolution.''
    Based on this directive, the Bureau formed a team to develop the 
tribal consultation process and preparation of this Federal Register 
notice. Comments on the proposed methodology and formula will 
facilitate the development and implementation of a policy and process 
acceptable to the tribes and Bureau for determining base funding for 
each tribe eligible for road maintenance funds. Accordingly, interested 
persons may submit written comments regarding

[[Page 67059]]

this proposed methodology and formula to the identified location in the 
ADDRESSEE section.
    The primary author of this document is Steve Wilkie, Maintenance 
Engineer, BIA Division of Transportation.

Road Maintenance Funding Distribution Methodology

Table of Contents

Section
1  What is the current maintenance funding distribution formula?
2  What factors are considered in the proposed formula development?
3  What is the proposed maintenance funding distribution formula?
4  How do tribes use these funds, in accordance with the Federal 
Highway Trust Fund requirements, to maintain roads?

Section 1  What is the current maintenance funding distribution 
formula?

    The formula that has been used for distribution of Road Maintenance 
funds to the BIA Area Offices prioritizes submittal requests from the 
Areas on BIAM Form 5810. The line items identified in the BIAM Form 
5810 are as listed below:

A=Management Supervision (Area, Agency, Tribe, Central Office)
B=Snow and Ice Removal (Latest 5 year average)
C=Other Emergency (Latest 5 year average)
D=Bridges (National Bridge Inspection Recommendations)
E=Airstrips
F=Paved Miles
G=Gravel Miles
H=Improved Earth Miles
I=Unimproved Earth Miles
J=Other Maintenance
K=Ferry
L=Heavy Equipment
M=Funds available after top priorities
Z=Total available funds
M=Z--(A+B+C+D+E+K)
M=(P)F+(Q)G+(R)H+(S)I+(T)J+(U)L
P, Q, R, S, T & U=Percentages of total request by areas, such that 
P>Q>R>S>T>U.

    Actual percentage figures are dependent on the total available 
funds. The percentage figures for the current distribution formula are:
    A--One hundred percent of requested supervision is allowed per the 
latest Office of Inspector General (OIG) audit recommendations to 
follow tribal priorities through consultations; use of cost effective 
techniques by using yearly planning efforts; perform activities based 
on actual road conditions; and document expenditures.
    B, C, D--One hundred percent funded to assure provision of a 
transportation network for the welfare and safety of the users during 
emergencies.
    E--One hundred percent funded to provide emergency access for 
doctors and air ambulances.
    K--One hundred percent funded to insure continuity of an important 
transportation link.
    P, Q, R, & S--These percentages reflect the relative safety issues 
involved with various types of roads and the maintenance priorities 
identified in the 58 BIAM.
    This method of distribution is currently used to distribute funds 
to the area level. Many Areas are using historic distribution methods 
based on the old banded (Indian Priority System) program.

Section 2  What factors are considered in the proposed formula 
development?

    The development of a distribution formula was required by Congress. 
One of the primary objectives considered by the Process Action Team 
(PAT) was to develop an equitable formula for distribution of road 
maintenance funds, and to develop a formula that distributes the money 
without major changes to the current funding level to the BIA Area 
Offices. The factors considered in establishing a methodology for 
distribution are the population served, the miles in the BIA Roads 
system, and the land area this system serves. The BIA system miles are 
weighted to reflect the surface-type priorities of the 58 BIAM.

Section 3  What is the proposed maintenance funding distribution 
formula?

    The formula for distribution of Road Maintenance funding to 
individual tribal bases is as follows:
    F=(P+A+M)(W)
    F=TPA Funding available for the individual tribal base
    P=The individual tribal percentage of enrolled population of the 
total Indian enrolled population multiplied by 30.5 percent.
    A=The individual tribal percentage of trust land acreage of the 
total trust land acreage multiplied by 30.5 percent.
    M=The individual tribal percentage of weighted road miles of BIA 
system of the total weighted BIA road system miles multiplied by 30.5 
percent. To comply with the priority of maintenance as defined in this 
section the individual miles were based on the following total. The 
total calculated for each tribe was calculated by using 40% of the 
paved miles of BIA system, plus 30% of gravel miles of the system, plus 
20% of improved earth miles, plus 10% of the unimproved earth miles.
    W=The amount of money available to Area Offices for distribution, 
after reduction for the following items and percentages:

Central Office Program and Budget Formulation (0.5%)
Area Office Program and Formulation (3.3%)
Operation of Lake Roosevelt Ferry ($433,000)

    Snow and Ice Control (8.5%)--This reserve is based on the most 
recent national three-year average costs for snow and ice removal.

Section 4  How do tribes establish priorities for use of these 
funds, in accordance with Highway Trust Fund requirements, to 
maintain roads?

    Federal law requires that road projects constructed with Federal-
aid highway funds (the Highway Trust Fund) be maintained. Tribal 
governments may perform maintenance on these roads under Pub. L. 93-
638. Any government failing to maintain roads constructed with Federal-
aid highway funds may be ineligible for future Highway Trust Fund 
construction projects under 23 U.S.C. 116.

    Dated: December 4, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-32200 Filed 12-18-96; 8:45 am]
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