[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Proposed Rules]
[Pages 27000-27002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12935]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 181

RIN 1076-AD82


Indian Highway Safety Program Competitive Grant Selection 
Criteria

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) intends to make funds 
available to federally recognized tribes on an annual basis for 
financing tribal highway safety projects designed to reduce the 
incidence of traffic accidents within Indian country. Due to the 
limited funding available for the Indian Highway Safety Program, the 
BIA will review and select from proposed tribal projects on a 
competitive basis. The proposed rule presents the selection criteria.

DATES: Comments must be postmarked by July 15, 1997.

ADDRESSES: Comments should be sent to Program Administrator, Indian 
Highway Safety Program, 505 Marquette Avenue, NW, Suite 1705, 
Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Jaynes, Chief, BIA 
Division of Safety Management, (505) 248-5060.

SUPPLEMENTARY INFORMATION: This proposed rule sets forth the procedures 
that will govern the BIA's selection of recipients of the Indian 
Highway Safety Program grant. The BIA mails grant applications for a 
given fiscal year to all tribal leaders by the end of February of the 
preceding fiscal year. Applicants must submit completed applications by 
the close of business on June 1. The BIA will review and evaluate each 
complete and timely filed application. BIA seeks to fund as many 
programs as possible and to the level practicable within the confines 
of a limited program budget. The scarce amount of resources often 
forces the BIA to limit funding to select portions of a proposed tribal 
project.
    We are publishing this proposed rule by the authority delegated by 
the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 DM 8.

[[Page 27001]]

    Our policy is to give the public an opportunity to participate in 
the rulemaking process. Interested persons may submit written comments 
to the location identified in the ADDRESSES section of the preamble. We 
will consider all comments timely filed during the public comment 
period, make any necessary revisions and issue the final rule.
    We certified to the Office of Management and Budget (OMB) that this 
proposed rule meets the applicable standards provided in sections 3(a) 
and 3(b)(2) of Executive Order 12988. This proposed rule is not a 
significant rule under Executive Order 12866 and does not require 
approval by the OMB. This proposed rule does not constitute a major 
Federal action significantly affecting the human environment and, 
therefore, no detailed statement is needed under the National 
Environmental Policy Act of 1969. Furthermore, this proposed rule does 
not have significant takings implications in accordance with Executive 
Order 12630, does not have significant Federalism effects, and does not 
have a significant economic impact of a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Act of 1996

    This proposed rule imposes no unfunded mandates on any governmental 
or private entity and is in compliance with the provisions of the 
Unfunded Mandates Act of 1995.

Paperwork Reduction Act of 1995

    Under 23 U.S.C. 402, the Department of Transportation (DOT) funds 
both the DOT State Highway Safety Program and the BIA Indian Highway 
Safety Program. The information contained in each grant application 
under both programs is identical. The Indian Highway Safety Program 
competitive grant application solicits only the information DOT 
requires for its State Highway Safety Program and uses it for 
substantially the same purpose of awarding Highway Safety Program funds 
to applicants. OMB has reviewed and approved the information collection 
requirements for the DOT State Highway Safety Program. See OMB Control 
Number 2127-0003. No additional OMB authorization is needed.
    The primary author of this document is Lawrence Archambeau, Bureau 
of Indian Affairs.

List of Subjects in 25 CFR Part 181

    Indians, Highways and roads, Highway safety.

    For the reasons set forth in the preamble, Part 181 is proposed to 
be added to 25 CFR subchapter H as follows:

PART 181--INDIAN HIGHWAY SAFETY PROGRAM

Sec.
181.01  Purpose.
181.02  Definitions.
181.03  Am I eligible to receive a program grant?
181.04  How do I obtain an application?
181.05  How are applications ranked?
181.06  How are applicants informed of the results?
181.07  Appeals.

    Authority: 23 U.S.C. 402; 25 U.S.C. 13.


Sec. 181.01  Purpose.

    This part will assist the BIA Indian Highway Safety Program 
Administrator to disperse funds DOT/NHTSA has made available. The funds 
assist selected tribes with their proposed Highway Safety Projects. 
These projects are designed to reduce traffic crashes, reduce impaired 
driving crashes, increase occupant protection education, provide 
Emergency Medical Service training, and increase police traffic 
services.


Sec. 181.02  Definitions.

    Appeal means a written request for review of an action or the 
inaction of an official of the BIA that is claimed to adversely affect 
the interested party making the request.
    Applicant means an individual or persons on whose behalf an 
application for assistance and/or services has been made under this 
part.
    Application means the process through which a request is made for 
assistance or services.
    Grant means a written agreement between the BIA and the governing 
body of an Indian tribe or Indian organization wherein the BIA provides 
funds to the grantee to plan, conduct, or administer specific programs, 
services, or activities and where the administrative and programmatic 
provisions are specifically delineated.
    Grantee means the tribal governing body of an Indian tribe or Board 
of Directors of an Indian organization responsible for grant 
administration.
    Recipient means an individual or persons who have been determined 
as eligible and are receiving financial assistance or services under 
this part.


Sec. 181.03  Am I eligible to receive a program grant?

    The Indian Highway Safety Program grant is available to any 
federally recognized tribe. Because of the limited financial resources 
available for the program, the Bureau of Indian Affairs (BIA) is unable 
to award grants to all applicants. Furthermore, some grant recipients 
may only be awarded a grant to fund certain aspects of their proposed 
tribal projects.


Sec. 181.04  How do I obtain an application?

    BIA mails grant application packages for a given fiscal year to all 
federally recognized tribes by the end of February of the preceding 
fiscal year. Additional application packages are available from the 
Program Administrator, Indian Highway Safety Program, P.O. Box 2003, 
Albuquerque, New Mexico 87103. Each application package contains the 
necessary information concerning the application process, including 
format, content, and filing requirements.


Sec. 181.05  How are applications ranked?

    BIA ranks each timely filed application by assigning points based 
upon four factors.
    (a) Factor No. 1--Magnitude of the problem (Up to 50 points 
available). In awarding points under this factor, BIA will take into 
account the following:
    (1) Whether a highway safety problem exists.
    (2) Whether the problem is significant.
    (3) Whether the proposed tribal project will contribute to 
resolution of the identified highway safety problem.
    (4) The number of traffic accidents occurring within the 
applicant's jurisdiction over the previous 3 years.
    (5) The number of alcohol-related traffic accidents occurring 
within the applicant's jurisdiction over the previous 3 years.
    (6) The number of reported traffic fatalities occurring within the 
applicant's jurisdiction over the previous 3 years.
    (7) The number of reported alcohol-related traffic fatalities 
occurring within the applicant's jurisdiction over the previous 3 
years.
    (b) Factor No. 2--Countermeasure selection (Up to 40 points 
available). In awarding points under this factor, BIA will take into 
account the following:
    (1) Whether the countermeasures selected are the most effective for 
the identified highway safety problem.
    (2) Whether the countermeasures selected are cost effective.
    (3) Whether the applicant's objectives are realistic and 
attainable.
    (4) Whether the applicant's objectives are time framed and, if so, 
whether the time frames are realistic and attainable.
    (c) Factor No. 3--Tribal leadership and community support (Up to 10 
points available). In awarding points under this factor, BIA will take 
into account the following:

[[Page 27002]]

    (1) Whether the applicant proposes using tribal resources in the 
project.
    (2) Whether the appropriate tribal governing body supports the 
proposal plan, as evidenced by a tribal resolution or otherwise.
    (3) Whether the community supports the proposal plan, as evidenced 
by letters or otherwise.
    (d) Factor No. 4--Past performance (+ or -10 points available). In 
awarding points under this factor, BIA will take into account the 
following:
    (1) Financial and programmatic reporting requirements.
    (2) Project accomplishments.


Sec. 181.06  How are applicants informed of the results?

    BIA will send a letter to all applicants notifying them of their 
selection or non-selection for participation in the Indian Highway 
Safety Program for the upcoming fiscal year. BIA will explain to each 
applicant not selected for participation the reason(s) for non-
selection.


Sec. 181.07  Appeals.

    You may appeal actions taken by BIA officials under this part by 
following the procedures in 25 CFR part 2.

    Dated: May 6, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-12935 Filed 5-15-97; 8:45 am]
BILLING CODE 4310-02-P