[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)] [Proposed Rules] [Pages 69580-69581] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-33443] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Ch. I Notice of Intent To Form a Negotiated Rulemaking Committee and Accept Applications for Membership Under Section 1115 of the Transportation Equity Act for the 21st Century (TEA-21) AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of intent to form a Negotiated Rulemakeing Committee. ----------------------------------------------------------------------- SUMMARY: As required by the Negotiated Rulemaking Act of 1990, 5 U.S.C. 561 et seq., the Secretary of the Interior (Secretary) is giving notice of his intent to establish an Indian Reservation Roads Negotiated Rulemaking Committee (Committee) to negotiate and develop proposed rules establishing an Indian Reservation Roads program funding formula for fiscal year 2000 and subsequent years; and proposed regulations governing the Indian Reservation Roads program authorized by 23 U.S.C. 202(b). DATES: Applications and comments on the establishment of this Committee must be received no later than January 16, 1999. ADDRESSES: Send applications and comments to Mr. LeRoy Gishi, Chief, Division of Transportation, Bureau of Indian Affairs, U.S. Department of the Interior, MS-4058-MIB, 1849 C Street, NW, Washington, DC 20240. Applications and comments received by the BIA will be available for inspection at the address listed above from 9 a.m. to 3 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Chief, Division of Transportation, Bureau of Indian Affairs, at the address listed above, or by telephone at (202) 208-4359 or fax at (202) 208-4696. Additional information may be posted on the Indian Reservation Roads web site at www.irr.bia.gov, as it becomes available. SUPPLEMENTARY INFORMATION: As required by 23 U.S.C. 202, and amended by TEA-21, the Secretary shall, pursuant to a negotiated rulemaking process, issue regulations governing the Indian Reservation Roads program and establish a formula for allocating all contractible funds among Indian tribes for fiscal year 2000 and subsequent years. Section 202 also requires that in establishing this Committee, the Secretary of the Interior: (1) Apply the procedures of negotiated rulemaking under the Negotiated Rulemaking Act in a manner that reflects the unique government-to-government relationship between the Indian tribes and the United States; and (2) ensure that the membership of the Committee includes only representatives of the Federal government and of geographically diverse small, medium, and large Indian tribes. In negotiating a proposed regulation establishing a funding formula, section 202 requires the Committee to base its proposal on factors that reflect: (1) The relative needs of the Indian tribes, and reservation or tribal communities, for transportation assistance; and (2) the relative administrative capacities of, and challenges faced by, various Indian tribes. The latter include the cost of road construction in each Bureau of Indian Affairs (BIA) Area; geographic isolation; and difficulty in maintaining all-weather access to employment, commerce, health, safety, and educational resources. Also, section 202 requires the Committee to develop a regulation governing the Indian reservation roads program. As required by 23 U.S.C. 202, we must issue these regulations in final form no later than April 1, 1999. Committee members will not receive pay for their membership, but will be compensated for travel and per diem expenses while performing official committee business, consistent with the provisions of 5 U.S.C. 568(c). BIA will provide administrative support for the Committee. In keeping with the requirements outlined above, the Secretary invites the tribes in each of the twelve BIA Areas to nominate two representatives to serve on the Committee, and two alternates to serve if the representatives are unavailable. Given the requirement that the Committee membership reflect the diversity of tribal interests, tribes are encouraged to nominate representatives and alternates that will result in a committee membership that represents the interests of: (1) Members of geographically diverse small, medium, and large Indian tribes; (2) Members of tribes identified as Direct Service, Self- Determination and Self-Governance tribes; (3) Members of tribes with various levels and types of experience in the diverse concerns of transportation development and management (e.g., jurisdictional issues, complexity of transportation systems, climatic concerns, environmental issues, geographic isolation, etc.). The BIA Area Offices will offer assistance to the tribes in coordinating the selection of nominees and preparing nominations. Representatives and alternates nominated by tribes will be considered by the Secretary. The BIA has contracted with the Federal Mediation and Conciliation Service (FMCS) to provide convening and facilitation services for the negotiated rulemaking. The FMCS is an independent agency of the Federal government, established in 1947, whose responsibilities include providing neutral, third-party assistance in regulatory negotiations. The first meeting of the Committee is tentatively scheduled for the week of March 2-4, 1999. Submitting Nominations After selecting two representatives and two alternates from their respective Areas as nominees, tribes are asked to provide the following information about each nominee: (1) The name of the nominee. (2) The tribal interest(s) to be represented by the nominee (based on the interests listed above). (3) Evidence that the nominee is authorized by the tribes in that BIA Area to represent the interest(s) identified above. To be considered, nominations must be received by the close of business January 15, 1999, at the location indicated in the ``Addresses'' section. If nominations do not reflect adequately the statutory requirements for representation of geographically diverse small, medium, and large tribes, the Secretary may select additional representatives to achieve a balanced committee. Interested and qualified persons, other than nominees from the Areas, may apply for membership on the committee within the time limits and at the address indicated in the Addresses section. The Secretary's decision regarding the addition of representatives will also be based on whether an interest will be affected significantly by the proposed rule, whether that interest is already adequately represented by tribal nominees, and whether the potential [[Page 69581]] addition would adequately represent that interest. Dated: December 11, 1998. Kevin Gover, Assistant Secretary--Indian Affairs. [FR Doc. 98-33443 Filed 12-16-98; 8:45 am] BILLING CODE 4310-02-P