[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Notices]
[Pages 9292-9294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4357]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Grant availability to Federally Recognized Indian Tribes for 
Projects Implementing Traffic Safety on Indian Reservations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Indian Affairs (BIA) intends to make funds 
available to federally-recognized Indian tribes on an annual basis for 
the purpose of implementing traffic safety projects, which are designed 
to reduce the number of traffic crashes within Indian Country. Due to 
the limited funding available for this program, all projects will be 
reviewed and selected on a competitive basis. This notice informs 
Indian tribes that grant funds are available and that the information 
packets are forthcoming. Information packets will be distributed by the 
end of January of each program year to all tribal leaders on the latest 
Tribal Leaders List.

DATES: Requests for funds must be received by June 1 of each program 
year. Requests not received in the Office of the Indian Highway Safety 
Program by close of business on June 1 will not be considered.

ADDRESSES: Each tribe must submit their request to the Bureau of Indian 
Affairs, Division of Safety Management, Attention: Indian Highway 
Safety Program Coordinator, 505 Marquette Avenue, NW, Suite 1705, 
Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT: Tribes should direct questions 
concerning the grant program to Larry Archambeau, Indian Highway Safety 
Program Coordinator or to Charles L. Jaynes, Program Administrator, 
Telephone: (505) 248-5053.

SUPPLEMENTARY INFORMATION:

Background

    The Federal-Aid Highway Act of 1973 (Pub. L. 93-87) provides for 
U.S. Department of Transportation (DOT) funding to assist Indian tribes 
in implementing Highway Safety projects. The projects are designed to 
reduce the number of traffic crashes and their resulting fatalities, 
injuries, and property damage within Indian reservations. All 
federally-recognized Indian tribes on Indian reservations are eligible 
to receive this assistance. All tribes receiving awards of program 
funds are reimbursed for costs incurred

[[Page 9293]]

under the terms of 23 U.S.C. 402 and subsequent amendments.

Responsibilities

    For purposes of application of the Act, Indian reservations are 
collectively considered a ``State'' and the Secretary of the Interior 
is considered the ``Governor of a State.'' The Secretary of the 
Interior delegated the authority to administer the programs throughout 
all the reservations in the United States to the Assistant Secretary--
Indian Affairs. The Assistant Secretary--Indian Affairs further 
delegated the responsibility for primary administration of the Indian 
Highway Safety Program to the Division of Safety Management located in 
Albuquerque, New Mexico. The Chief, Division of Safety Management as 
program administrator of the Indian Highway Safety Program, has three 
full-time staff members to assist in program matters and provide 
technical assistance to the Indian tribes. It is at this level that 
contacts with the DOT are made with respect to program approval, 
funding of projects and technical assistance. The DOT, through the 
National Highway Traffic Safety Administration (NHTSA) and the Federal 
Highway Administration (FHWA), is responsible for ensuring that the 
Indian Highway Safety Program is carried out in accordance with 23 
U.S.C. 402 and other applicable Federal statutes and regulations.
    The NHTSA is responsible for the apportionment of funds to the 
Secretary of the Interior, review and approval of the Indian Highway 
Safety Plan involving NHTSA highway safety program areas and technical 
guidance and assistance to the BIA.

Program Areas

    The Surface Transportation and Uniform Relocation Assistance Act of 
1987, 23 U.S.C. 402(j), required DOT to conduct a rulemaking process to 
determine those programs most effective in reducing traffic crashes, 
injuries, and fatalities. Those program areas were determined to be 
national priority program areas, and include the following:
    (1) NHTSA Program Areas: (a) Alcohol and Other Drug 
Countermeasures; (b) Police Traffic Services; (c) Occupant Protection; 
(d) Traffic records; (e) Emergency Medical Services; and (f) Safe 
Communities.
    (2) FHWA Program Area: Roadway Safety.
    (3) NHTSA and FHWA Program Area: Pedestrian and Bicycle Safety.

Funding Criteria

    The Bureau of Indian Affairs will reimburse for eligible costs 
associated with the following:
    (1) Alcohol and Other Drug Countermeasures. Salary and overtime 
(DWI enforcement officer), enforcement/education, NHTSA-approved 
training, approved breath-testing equipment (must be included on most 
recent Consumer Products List published by NHTSA), community/school 
alcohol traffic safety education, DWI offender education, prosecution, 
adjudication, and vehicle expenses.
    (2) Police Traffic Services. Salary and overtime (traffic 
enforcement/education), traffic law enforcement/radar training, speed 
enforcement equipment (must be on Consumer Products List published by 
NHTSA), community/school education, and vehicle expenses.
    (3) Motorcycle, Pedestrian, Bicycle initiatives.
    (4) Occupant Protection:
    (a) Child passenger safety--child car seat loaner program, car seat 
transportation/storage, and public information/education.
    (b) Community seat belt program--salary, education/promotional 
materials, office expense, and NHTSA-approved Occupant Protection Usage 
and Enforcement (OPUE) training.
    (5) Traffic Records. Salary, ADP equipment, and training.
    (6) Emergency Medical Services. Training and public information/
education.
    (7) Roadway Safety. Traffic signs (warning, regulatory, work zone), 
hardware and sign posts, and Construction Zone Safety and Flagger 
Training.
    (8) Safe Community Projects. Salary, project management, public 
information, law enforcement, prosecution, judicature, and data 
management.

Project Guidelines

    The BIA will send information packets to the tribes by January of 
each program year. Upon receipt of the information packet, each tribe 
should prepare a proposed project based on the following guidelines:
    (1) Program Planning. Program planning shall be based upon the 
highway safety problems identified and countermeasures selected by the 
tribe, using a Safe Community concept for the purpose of reducing 
traffic crash factors.
    (2) Problem Identification. Highway traffic safety problems shall 
be identified from the best data available. This data may be found in 
tribal enforcement records on traffic crashes. Other sources of data 
include ambulance records, court and police arrest records. The problem 
identification process may be aided by using professional opinions of 
personnel in law enforcement, Indian Health Service, driver education, 
road engineers, education specialists, and judicial personnel. This 
data should accompany the funding request. Impact problems should be 
indicated during the identification process. An impact problem is a 
highway safety problem that contributes to car crashes, fatalities and/
or injuries, and one that may be corrected by the application of 
countermeasures. Impact problems can be identified from analysis of 
statewide and/or tribal traffic records. The analyses should consider 
as a minimum: pedestrian, motorcycle, bicycle, passenger car, school 
bus, and truck crashes; records on problem drivers, roadside and 
roadway hazards, alcohol involvement, youth involvement, defective 
vehicle involvement, suspended or revoked driver involvement, speed 
involvement, child safety seat and seat belt usage. Data should 
accompany the funding request.
    (3) Countermeasures Selection. When tribal traffic safety problems 
are identified, the tribe's Safe Community coalition must develop 
appropriate countermeasures to solve or reduce the problems. The tribe 
should take into account the overall cost of the countermeasures versus 
their possible effect on the problem.
    (4) Objectives/Performance Indicators. After countermeasures 
selection, the objectives of the project must be expressed in clearly 
defined, time-framed and measurable terms.
    (5) Budget Format. The activities to be funded shall be outlined in 
detail according to the following object groups: personnel services, 
travel, transportation, rent/communications, printing and reproduction, 
other services, equipment and training. Each object group shall be 
quantified; i.e., personnel activities should show number to be 
employed, hours to be employed, hourly rate of pay, etc. Each object 
group shall have sufficient detail to show what is to be procured, unit 
cost, quarter in which the procurement is to be made and the total 
cost, including any tribal contribution to the project.
    (6) Evaluation Plan. Evaluation is the process of determining 
whether a highway safety activity should be undertaken, if it is being 
properly conducted, and if it has accomplished its objectives. The 
tribe must include in the funding request a plan explaining

[[Page 9294]]

how the evaluation will be accomplished and identifying the criteria to 
be used in measuring performance.
    (7) Technical Assistance. The Indian Highway Safety Program staff 
will be available to tribes for technical assistance in the development 
of tribal projects.
    (8) Section 402 Project Length. Section 402 funds may not be used 
to fund the same project at one location or jurisdiction for more than 
3 years.
    (9) Certification Regarding Drug-free Workplace Requirement. Indian 
tribes receiving highway safety grants through the Indian Highway 
Safety Program must certify that they will maintain a drug-free 
workplace. An individual authorized to sign for the tribe or 
reservation must sign the certification. The Department of 
Transportation must receive the certification before it will release 
grant funds for that tribe or reservation. The certification must be 
submitted with the tribal Highway Safety Project proposal.

Submission Deadline

    Each tribe must submit its funding request to the BIA Indian 
Highway Safety Program, Albuquerque, New Mexico. The request must be 
received by the Indian Highway Safety Program by close of business June 
1 of each program year. Requests for extension to this deadline will 
not be granted. Modifications of the funding request received after the 
close of the funding period will not be considered in the review and 
selection processes.

Selection Criteria

    Each funding request will be reviewed and evaluated by the Indian 
Highway Safety Program staff, Law Enforcement staff, Department of 
Education staff, Office of Alcohol and Substance Abuse staff, and BIA 
Division of Transportation staff. Each staff member will rank the 
projects by assigning points to four areas of consideration. The areas 
of consideration are: (1) Magnitude of the problem, 50 points; (2) 
countermeasure selection, 40 points; (3) tribal leadership and 
community support, 10 points; and (4) past performance, 10 points.

Notification of Selection

    The tribes selected to participate will be notified by letter. Each 
tribe selected must include in its proposal a certification regarding 
drug-free workplace requirements and a duly authorized tribal 
resolution. The certification and resolution must be on file before 
grant funds for the tribe or reservation can be released.

Notification of Non-Selection

    The Program Administrator will notify each tribe of non-selection. 
The tribe will be provided the reason for non-selection.

Uniform Administrative Requirements for Grant-in-Aid

    Uniform grant administration procedures have been established on a 
national basis for all grant-in-aid programs by DOT/NHTSA under 49 CFR 
part 18, ``Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and Local Governments.'' NHTSA and FHWA 
have codified uniform procedures for State Highway Safety Programs in 
23 CFR parts 1200, 1204 and 1205. OMB Circular A-87 and NHTSA Order 
462-13A have established cost principles applicable to grants and 
contracts with State and local government. It is the responsibility of 
the Indian Highway Safety Program to establish operating procedures 
consistent with the applicable provisions of these rules.

Standards for Financial Management System

    Tribal financial management systems must provide:
    (1) Accurate, current, and complete disclosure of financial results 
of the Highway Safety project.
    (2) Adequate record keeping.
    (3) Control over and accountability for all funds and assets.
    (4) Comparison of actual expenditures with budgeted amounts.
    (5) Documentation of accounting records.
    (6) Appropriate auditing. Highway Safety Projects will be included 
in the Tribal A-128 single audit requirement.
    Tribes will provide a quarterly financial and program status report 
to the BIA Indian Highway Safety Program Coordinator, 505 Marquette, 
NW, Suite 1705, Albuquerque, New Mexico 87102. These reports will be 
submitted no later than 7 days beyond the reporting month.

Project Monitoring

    During the program year, it is the responsibility of the BIA Indian 
Highway Safety Program to maintain a degree of project oversight, 
provide technical assistance as needed to assist the project in 
fulfilling its objectives, and assure that grant provisions are 
complied.

Project Evaluation

    The BIA will conduct a performance evaluation for each Highway 
Safety project. The evaluation will measure the actual accomplishments 
to the planned activity. The BIA will evaluate the project on-site at 
the discretion of the Indian Highway Safety Program Administrator.

    Dated: February 17, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-4357 Filed 2-23-00; 8:45 am]
BILLING CODE 4310-02-P