[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Rules and Regulations]
[Pages 37697-37701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15151]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

RIN 1076-AD99


Distribution of Fiscal Year 2000 Indian Reservation Roads Funds

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Temporary rule.

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

SUMMARY: We are issuing a temporary rule requiring that we distribute 
the remaining fiscal year 2000 Indian Reservation Roads funds to 
projects on or near Indian reservations using the relative need 
formula. This rule includes more accurate data for the States of 
Washington and Alaska in the relative need formula distribution process 
for fiscal year 2000.

DATES: This temporary rule is effective on June 16, 2000. Section 
170.4b expires September 30, 2000.

FOR FURTHER INFORMATION CONTACT: LeRoy Gishi, Chief, Division of 
Transportation, Office of Trust Responsibilities, Bureau of Indian 
Affairs, 1849 C Street, NW, MS-4058-MIB, Washington, DC 20240. Mr. 
Gishi may also be reached at 202-208-4359 (phone), 202-208-4696 (fax), 
or [email protected] (electronic mail).

SUPPLEMENTARY INFORMATION:

Background

Where Can I Find General Background Information on the Indian 
Reservation Roads Program, the Relative Need Formula, and the 
Transportation Equity Act for the 21st Century Negotiated Rulemaking 
Process?

    The background information on the IRR program, the relative need 
formula, and the Transportation Equity Act for the 21st Century (TEA-
21) Negotiated Rulemaking process is detailed in the first temporary 
rule published in the Federal Register on February 15, 2000 (65 FR 
7431). You may obtain additional information on the Indian Reservation 
Roads (IRR) program web site at www.irr.bia.gov.

What Was the Basis for the Distribution of the First Half of Fiscal 
Year 2000 IRR Funds?

    TEA-21 provided that the Secretary develop rules and a funding 
formula for fiscal year 2000 and subsequent fiscal years to implement 
the Indian Reservation Roads program section of the Act. The Negotiated 
Rulemaking Committee created under Section 1115 of TEA-21 and comprised 
of representatives of tribal governments and the Federal Government has 
been diligently working to develop a funding formula, but has not yet 
been able to agree on a permanent funding formula. Without a permanent 
funding formula recommendation from the Committee, under TEA-21 the 
Secretary did not have a basis on which to distribute fiscal year 2000 
IRR funds. Therefore, on January 26, 2000, the TEA-21 Negotiated 
Rulemaking Committee agreed, based on the tribal committee members' 
consensus, to recommend to the Secretary that fiscal year 2000 IRR 
funds be distributed under the current relative need formula. The 
tribal committee members' consensus and recommendation to the Bureau of 
Indian Affairs (BIA) stated: ``We request that the BIA resolve this 
problem for non-reporting states by using the price index data from the 
most recent year for which the state submitted data.''
    In addition, in order to distribute $18.3 million under Public Law 
106-96, an extra, one-time Department of Transportation appropriation 
for fiscal year 2000 IRR program, the consensus agreement provided that 
the BIA distribute the funds to federally-recognized Indian tribes and 
Alaskan Native Villages based on a timely receipt of applications and 
scopes of work who have not completed adequate transportation planning 
within the last 5 years or that have deficient IRR bridges. The BIA 
published the Federal Register Notice on March 7, 2000 (65 FR 12026), 
requesting proposals from eligible tribes and Alaskan Native Villages 
by April 6, 2000.

How is the FHWA Price Trends Report Used in the Current Relative Need 
Formula?

    The cost to construct one mile of road (cost-to-construct) changes 
from year-to-year due to fluctuations in the cost of overall highway 
construction prices (materials, techniques and demand). The cost-to-
construct fluctuates from BIA Region-to-Region and State-to-State. The 
method used within the IRR program to track and adjust for the 
fluctuations in the cost-to-construct between BIA Regions is through 
the use of price trend data. This data is found in the FHWA report, 
Price Trends for Federal-Aid Highway Construction. This report 
indicates the fluctuations in the cost of overall highway construction 
prices.
    The FHWA Federal-Aid Division offices and States compile and report 
construction cost data annually to the FHWA. The reports reflect unit 
contract quantities with their associated unit bid costs for highway 
construction. The

[[Page 37698]]

FHWA computes an index for each State from the bid information 
submitted. If no information is provided, a zero index is recorded.
    From these unit bid costs reports, FHWA publishes price trend 
reports quarterly. The Price Trend report is broken down into five 
categories and are implemented into the relative need formula as 
incidental construction, grade and drain construction, gravel 
construction, pavement construction and bridge construction.
    Because the price trend report reflects the latest highway 
construction price trends, it is used to adjust and update existing BIA 
Regional cost-to-construct amounts for incidental construction, grade 
and drain construction, gravel construction, pavement construction and 
bridge construction. The adjusted and updated cost-to-construct amounts 
are then used to update the cost to improve portion of the relative 
need formula.

How Will the Secretary Distribute the Remaining Fiscal Year 2000 IRR 
Funds?

    Upon publication of this temporary rule, the Secretary will 
distribute the remaining fiscal year 2000 IRR funds using the current 
relative need formula, adjusting the indices from the FHWA Price Trends 
Report using the latest reported data from non-reporting states in the 
relative need formula distribution process. This includes an adjustment 
that replaces the zero indices with the most recent data reported for 
those states that did not report data for the report. In making this 
decision, the Secretary considered the tribal committee members' 
consensus which was adopted by the full TEA-21 Negotiated Rulemaking 
Committee on January 26, 2000, as well as public comments received as a 
result of the Federal Register Notice of February 15, 2000. The 
agreement provided that the Secretary review the FHWA Price Trends 
Report and make adjustments in the cost-to-construct factor of the 
current relative need formula by using the latest reported data from 
the two states, Alaska and Washington, which did not report in 1998. 
The Secretary decided to use the 1996 and 1997 partial indices for 
Alaska and the 1997 indices for Washington. The Secretary determined 
that this manner of dealing with 1998 non-reporting states fulfills the 
TEA-21 committee's intent in its January 26, 2000, consensus agreement.

How Does Distribution of the Remaining Fiscal Year 2000 IRR Funds 
Differ From the Partial Distribution Under the First Temporary Rule?

    The Secretary partially distributed fiscal year 2000 IRR funds 
using the current relative need formula on February 15, 2000, in order 
to get crucial funds to ongoing IRR projects. In this second 
distribution, the Secretary is distributing funds under the relative 
need formula by correcting FHWA price trend indices for the two non-
reporting states that impacts tribes in those non-reporting states. 
This adjustment affects the distribution of IRR funds to each IRR 
Region for the entire fiscal year 2000, including those funds already 
distributed. This adjustment is required for fiscal year 2000 funds 
since any adjustment to the FHWA price trend indices affects each 
regions funding amount because the total amount to distribute is 
constant.

Why is it Necessary for the Secretary to Publish a Second Temporary 
Rule for Distribution of the Remaining Fiscal Year 2000 IRR Funds?

    Without this second temporary rule, the Secretary has no authority 
to distribute the remaining fiscal year 2000 IRR funds under TEA-21. On 
February 15, 2000, the Secretary issued a temporary rule for 
distributing the one-half of the fiscal year 2000 IRR funds using the 
current relative need formula. After requesting public comments in the 
first temporary rule and upon review, the Secretary has decided the 
distribution method for the remaining fiscal year 2000 IRR funds. By 
publishing this second temporary rule for the remaining fiscal year 
2000 distribution of IRR funds and making it effective upon 
publication, the Secretary is ensuring distribution of all available 
IRR funds in this fiscal year. Tribes depend on continued funding 
during their planned one-to-three year road and bridge construction 
projects. There are approximately 950 ongoing road and bridge 
construction projects on over 25,000 road miles and 740 bridges on or 
near Indian reservations that will not continue without the remaining 
fiscal year 2000 funds. This temporary rule allows the Secretary to 
continue to fund the IRR program to provide safe and adequate bridges 
and road access to and within Indian reservations and Indian lands and 
communities. Furthermore, the TEA-21 Committee and the Secretary agreed 
to distribute these funds using the relative need formula, adjusting 
the FHWA Price Trends indices, because both the tribes and the BIA 
understand its use and there is no other available funding formula.

What Public Comments Did You Receive on the Distribution of the 
Remaining Fiscal Year 2000 IRR Funds?

    Over half of the commenters supported using the current relative 
need formula to distribute the remaining fiscal year 2000 IRR funds. 
The Secretary is distributing the remaining fiscal year 2000 IRR funds 
based on the current relative need formula.
    Several commenters advised adjusting the FHWA Price Trends for 
Federal-Aid Highway Construction Report data to reflect the latest 
indices data for 1998 non-reporting states. The Secretary considered 
these comments and considered the TEA-21 Committee tribal members' 
caucus suggestion that the FHWA Report indices be adjusted to account 
for the 1998 non-reporting states. The Secretary determined, based on 
these comments, to adjust the FHWA Report data to account for the non-
reporting states.
    Several commenters opposed using the FHWA Report data to adjust 
distribution under the current relative need formula. As stated above, 
the Secretary determined that adjusting the FHWA Report data to reflect 
the latest data from non-reporting states for the relative need formula 
most consistently reflected the current and past use of the relative 
need formula.
    A few commenters stated that BIA should correct the FHWA's price 
trend indices only for non-reporting states. The Secretary corrected 
the indices only for non-reporting states, as stated above.
    One commenter noted that BIA continues to use adjusted mileage in 
determining the Alaska Region's relative need and states that this 
method is improper and should be discontinued. The current relative 
need formula uses adjusted miles for all Regions in determining the 
distribution based on relative need and the Secretary continues to use 
adjusted mileage in the relative need formula in determining the 
relative need for all Regions.
    A few commenters asked that BIA distribute the remaining fiscal 
year 2000 IRR funds as soon as possible. The Secretary is publishing 
this rule to expedite the distribution upon publication of this rule.
    One commenter suggested a special town hall meeting for tribes to 
discuss a new relative need formula. By statute, the TEA-21 Negotiated 
Rulemaking Committee was created to develop a funding formula using 
relative need and the Committee is in the process of developing a 
formula.

[[Page 37699]]

    Some commenters supported freezing FHWA price trend indices at the 
1999 level. By using the current data for 31 of the 33 states that 
reported adequate data for 1999, the Secretary is continuing to use the 
current relative need formula so there is no need to freeze the indices 
at the 1999 level.
    A few commenters supported rolling back non-reporting states' price 
trend indices to their most recent reporting years. By using the 
current data for 31 of the 33 states that reported adequate data for 
1999, the Secretary is continuing to use the current relative need 
formula which uses the 1999 FHWA price trend indices. In addition, the 
Secretary has determined to use the most recent reporting years for 
FHWA price trend indices for the states of Alaska and Washington since 
they had no reports for 1999.
    A number of commenters were dissatisfied with the language of the 
first temporary rule because it did not explain each of the TEA-21 
Committee tribal caucus members points in its January 26, 2000, 
consensus agreement which was the basis of the recommendation to the 
Secretary to distribute fiscal year 2000 IRR funds under the current 
relative need formula. This issue has been addressed in an earlier part 
of this rule on how the first half of fiscal year 2000 IRR funds were 
distributed by describing the full consensus agreement.

Why Does This Second Temporary Rule Not Allow For Notice and Comment on 
the Distribution of the Remaining Fiscal Year 2000 IRR Funds, and Why 
Is It Effective Immediately?

    Under 5 U.S.C. 553(b)(3)(B), notice and public procedure on this 
temporary rule are impracticable, unnecessary, and contrary to the 
public interest. In addition, we have good cause for making this rule 
effective immediately under 5 U.S.C. 553(d)(3). Notice and public 
procedure would be impracticable because of the urgent need to 
distribute the remaining fiscal year 2000 IRR funds. Approximately 950 
road and bridge construction projects are at various phases that depend 
on this fiscal year's remaining funds, including 169 deficient bridges 
and the construction of approximately 400 miles of roads. The remaining 
fiscal year 2000 IRR funds will be used to design, plan, and construct 
improvements (and, in some cases, to reconstruct bridges). The 
construction season (which is very short for some of the reservations) 
ends in the next few months.
    Waiting for notice and comment on this temporary rule would be 
contrary to the public interest. In some of our Regions, approximately 
80 percent of the roads in the IRR system (and the majority of the 
bridges) are designated school bus routes. Roads are essential access 
to schools, jobs, and medical services. Many of the priority tribal 
roads are also emergency evacuation routes and represent the only 
access to tribal lands. Two-thirds of the road miles in Indian country 
are unimproved roads. Deficient bridges and roads are health and safety 
hazards. Partially constructed road and bridge projects jeopardize the 
health and safety of the traveling public. Further, over 200 current 
projects currently in progress are directly associated with 
environmental protection and preservation of historic and cultural 
properties. This second temporary rule is going into effect immediately 
because of the urgent need for distributing the remaining fiscal year 
2000 funds to continue these construction projects before the end of 
the construction seasons in the 12 Regions.
    Under this second temporary rule, we are only distributing the 
remaining fiscal year 2000 IRR funds to IRR projects in the 12 BIA 
Regions. The TEA-21 Negotiated Rulemaking Committee is working on a 
permanent funding formula which will be subject to full public notice 
and comment before we promulgate it as a final rule.

Clarity of This Temporary Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this temporary rule easier to understand, including answers to 
questions such as the following: (1) Are the requirements in the 
temporary rule clearly stated? (2) Does the temporary rule contain 
technical language or jargon that interferes with its clarity? (3) Does 
the format of the temporary rule (grouping and order of sections, 
paragraphing, etc.) aid or reduce its clarity? (4) Is the description 
of the temporary rule in the SUPPLEMENTARY INFORMATION section of the 
preamble helpful in understanding the temporary rule? What else could 
we do to make the temporary rule easier to understand?

Regulatory Planning and Review (E.O. 12866)

    Under the criteria in Executive Order 12866, this second temporary 
rule is a significant regulatory action, and the Office of Management 
and Budget has reviewed it, because it will have an annual effect of 
$100 million or more on the economy. As noted in the preamble to the 
first temporary rule (65 FR 7431, February 15, 2000), the total amount 
of the fiscal year 2000 IRR funds is approximately $200 million, $100 
million of which we distributed to the 12 BIA Regions for IRR projects 
on February 15, 2000. Under this second temporary rule we will 
distribute the remaining IRR funds to the 12 BIA regions. Congress has 
already appropriated these funds and FHWA has already allocated them to 
BIA. The cost to the government of distributing the IRR funds, 
especially under the relative need formula with which the tribal 
governments and tribal organizations and the BIA are already familiar, 
is therefore negligible. The distribution of the IRR funds does not 
require the tribal governments and tribal organizations to expend any 
of their own funds; in fact, distribution of the remaining fiscal year 
2000 IRR funds is a benefit. Approximately 950 road and bridge 
construction projects are at various phases that depend on this fiscal 
year's remaining funds, including 169 deficient bridges and the 
construction of approximately 400 miles of roads. Leaving these ongoing 
projects unfunded in the second half of fiscal year 2000 would create 
undue hardship on tribes and tribal members. Lack of this funding would 
also pose safety threats by leaving partially constructed road and 
bridge projects to jeopardize the health and safety of the traveling 
public. Thus, the benefits of this rule far outweigh the costs.
    This second temporary rule is consistent with the policies and 
practices that currently guide our distribution of IRR funds. This 
second temporary rule continues to adopt the relative need formula that 
we have used since 1993. However, based on comments we received on the 
first temporary rule and data compiled and reviewed by the BIA Division 
of Transportation, we are adjusting the FHWA Price Trends Report 
indices for the two states that do not have current data reports. The 
yearly FHWA Report is used as part of the process to determine the 
cost-to-improve portion of the relative need formula. All states except 
Alaska and Washington have updated reports through 1998. For the 
indices for those two states, we have gone back to their latest 
reporting years and used those figures in the relative need formula. By 
accounting for the indices for the two non-reporting states, we are 
adjusting the relative need formula in those Regions, which adjusts the 
allocation for all BIA Regions for the distribution of the remaining 
fiscal year 2000 IRR funds. The adjustments in this second distribution 
account for any

[[Page 37700]]

differences between the amounts that were distributed under the first 
temporary rule and this one.
    This temporary rule will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another Federal 
agency. FHWA has transferred the IRR funds to us, and the FHWA 
representatives on the Committee have joined in the consensus mentioned 
above.
    This temporary rule does alter the budgetary effects on some 
tribes, but does not alter entitlement, grants, user fees, or loan 
programs or the rights or obligations of their recipients.
    This temporary rule does not raise novel legal or policy issues. 
This temporary rule is based on the relative need formula, in use since 
1993. We are changing the current practice of determining relative need 
only by accounting for the two states that did not report data for the 
1998 FHWA Price Trends Report.

Regulatory Flexibility Act

    A Regulatory Flexibility analysis under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) is not required for this second temporary 
rule because it applies only to tribal governments, not State and local 
governments.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act, because it has an annual effect on 
the economy of $100 million or more. As noted in the preamble to the 
first temporary rule (65 FR 7431, February 15, 2000), the total amount 
of fiscal year 2000 IRR funds is approximately $200 million, $100 
million of which we distributed to IRR projects under the first 
temporary rule. Congress has already appropriated these funds and FHWA 
has already allocated them to BIA. The cost to the government of 
distributing the IRR funds, especially under the relative need formula 
with which the tribal governments, tribal organizations, and the BIA 
are already familiar, is therefore negligible. The distribution of the 
IRR funds does not require the tribal governments and tribal 
organizations to expend any of their own funds; in fact, distribution 
of the IRR funds is a benefit. Approximately 950 road and bridge 
construction projects are at various phases that depend on this fiscal 
year's remaining funds, including 169 deficient bridges and the 
construction of approximately 400 miles of roads. Delaying work on many 
of these projects in fiscal year 2000 would create undue hardship on 
tribes and tribal members, since partially constructed road and bridge 
projects would jeopardize the health and safety of the traveling 
public. Thus, the benefits of this rule far outweigh the costs.
    This rule will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. Actions under this rule will 
distribute Federal funds to Indian tribal governments and tribal 
organizations for road improvements.
    This rule does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. In 
fact, actions under this rule will provide a beneficial effect on 
employment through funding for construction jobs.

Critical Need for This Rule

    Under 5 U.S.C. 553(B), this temporary rule may take effect 
immediately upon publication in the Federal Register (as noted above in 
the DATES section) because notice and public procedure thereon are 
impracticable, unnecessary, and contrary to the public interest. Notice 
and public procedure would be impracticable because of the urgent need 
to distribute the remaining fiscal year 2000 IRR funds for ongoing 
projects. Approximately 950 road and bridge construction projects are 
at various phases that depend on this fiscal year's remaining funds, 
including 169 deficient bridges and the construction of approximately 
400 miles of roads. The fiscal year 2000 IRR funds are used to design, 
plan, and construct improvements and, in some cases, to reconstruct 
bridges. They are also used to address safety problems in almost every 
ongoing project. Completion of ongoing fiscal year 2000 projects must 
take place before the construction season (which is very short for some 
of the reservations) ends in the next few months.
    Waiting for notice and comment on this second temporary rule would 
be contrary to the public interest. In some of our Regions, 
approximately 80 percent of the roads in the IRR system (and the 
majority of the bridges) are designated school bus routes. Roads are 
essential access to schools, jobs, and medical services. Many of the 
priority tribal roads are also emergency evacuation routes and 
represent the only access to tribal lands. Two-thirds of the road miles 
in Indian country are unimproved roads. Defective bridges and roads are 
health and safety hazards. Partially constructed road and bridge 
projects jeopardize the health and safety of the traveling public. 
Further, over 200 current projects (for which funding would be 
jeopardized by waiting) are directly associated with environmental 
protection and preservation of historic and cultural properties.

Unfunded Mandates Reform Act

    Under the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.), the 
temporary rule will not significantly or uniquely affect small 
governments, or the private sector. A Small Government Agency Plan is 
not required.
    This temporary rule will not produce a federal mandate that may 
result in an expenditure by State, local, or tribal governments of $100 
million or greater in any year. Rather, the overall effect of this 
temporary rule is to provide money to tribal governments for ongoing 
IRR construction projects.

Takings (E.O. 12630)

    With respect to Executive Order 12630, the temporary rule does not 
have significant takings implications since it involves no transfer of 
title to any property. A takings implication assessment is not 
required.

Federalism (E.O. 13132)

    With respect to Executive Order 13132, the temporary rule does not 
have significant Federalism implications to warrant the preparation of 
a Federalism Assessment. This temporary rule should not affect the 
relationship between State and Federal governments because this 
temporary rule concerns administration of a fund dedicated to IRR 
projects on or near Indian reservations that has no effect on Federal 
funding of state roads. Therefore, the rule has no Federalism effects 
within the meaning of E.O. 13132.

Civil Justice Reform (E.O. 12988)

    This temporary rule does not unduly burden the judicial system and 
meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 
12988. This temporary rule contains no drafting errors or ambiguity and 
is written to minimize litigation, provides clear standards, simplifies 
procedures, reduces burden, and is clearly written. This temporary rule 
does not preempt any statute. We are still pursuing the TEA-21 mandated 
negotiated rulemaking process. The temporary rule is not retroactive 
with respect to any funding from any previous fiscal year (or 
prospective to funding from any future fiscal year), but applies only 
to pending fiscal year 2000 funding.

[[Page 37701]]

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this temporary 
rule does not impose recordkeeping or information collection 
requirements or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 501 et seq. We already 
have all of the necessary information to implement this rule.

National Environmental Policy Act

    This temporary rule is categorically excluded from the preparation 
of an environmental assessment or an environmental impact statement 
under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et 
seq., because its environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis and the road 
projects funded as a result of this temporary rule will be subject 
later to the National Environmental Policy Act process, either 
collectively or case-by-case. Further, no extraordinary circumstances 
exist to require preparation of an environmental assessment or 
environmental impact statement.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of May 14, 1998, 
``Consultation and Coordination with Indian Tribal Governments'' (63 FR 
27655) and 512 DM 2, we have evaluated any potential effects upon 
federally-recognized Indian tribes and have determined that this 
temporary rule preserves the integrity and consistency of the relative 
need formula process we have used since 1993. However, based on 
comments we received on the first temporary rule and data compiled and 
reviewed by the BIA Division of Transportation, we are adjusting the 
FHWA Price Trends Report data for two states which do not have current 
data reports. The yearly FHWA Report is used as part of the process to 
determine the cost-to-improve portion of the relative need formula. All 
states except Alaska and Washington have updated reports through 1998. 
For the indices for those two states, we have gone back to their latest 
reporting years and used those figures in the cost-to-improve portion 
of the relative need formula. By accounting for the two indices for the 
two non-reporting states, we are adjusting the relative need formula in 
those regions which adjusts the allocation for all regions for the 
remaining distribution of fiscal year 2000 IRR funds. The adjustments 
in this distribution account for any differences between the amounts 
distributed under the first temporary rule and this one. Consultation 
with tribal governments and tribal organizations is ongoing as part of 
the TEA-21 negotiated rulemaking process.

List of Subjects in 25 CFR Part 170

    Indians--Highways and roads.

    For the reasons set out in the preamble, we are temporarily 
amending part 170 in chapter I of title 25 of the Code of Federal 
Regulations as follows.

PART 170--ROADS OF THE BUREAU OF INDIAN AFFAIRS

    1. The authority citation for part 170 continues to read as 
follows:

    Authority: 36 Stat. 861; 78 Stat. 241, 253, 257; 45 Stat. 750 
(25 U.S.C. 47; 42 U.S.C. 2000e(b), 2000e-2(i); 23 U.S.C. 101(a), 
208, 308), unless otherwise noted.
    2. Revise Sec. 170.4b to read as follows:


Sec. 170.4b  What formula will you use to distribute the remaining 
fiscal year 2000 Indian Reservation Roads funds?

    From June 16, 2000 through September 30, 2000, the Secretary will 
distribute the remaining fiscal year 2000 IRR funds authorized under 
Section 1115 of the Transportation Equity Act for the 21st Century, 
Public Law 105-178, in accordance with this section.
    (a) The Secretary will distribute funds to Indian Reservation Roads 
and Bridges projects on or near Indian reservations under the relative 
need formula established and approved in January 1993.
    (b) The Secretary will adjust the relative need formula to account 
for non-reporting states by inserting the latest data reported for 
those states for use in the relative need formula process (23 U.S.C. 
202(d)).

    Dated: June 9, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-15151 Filed 6-15-00; 8:45 am]
BILLING CODE 4310-02-P