[Federal Register Volume 68, Number 5 (Wednesday, January 8, 2003)]
[Rules and Regulations]
[Pages 1003-1005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-343]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

RIN 1076-AE34


Partial Distribution of Fiscal Year 2003 Indian Reservation Roads 
Funds

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: We are issuing a rule requiring that we distribute $25 million 
of fiscal year 2003 Indian Reservation

[[Page 1004]]

Roads (IRR) funds to projects on or near Indian reservations using the 
relative need formula. This partial distribution reflects the funds the 
Federal Highway Administration has allocated to the Department of the 
Interior and is based on funding appropriated by a continuing 
resolution for Department of the Interior funding in effect until 
September 20, 2003. We are using the Federal Highway Administration 
(FHWA) Price Trends report for the relative need formula distribution 
process, with appropriate modifications to address non-reporting 
States.

EFFECTIVE DATE: January 13, 2003 through September 30, 2003.

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) or (202) 208-4696 
(fax).

SUPPLEMENTARY INFORMATION:

Background

Where Can I Find General Background Information on the Indian 
Reservation Roads (IRR) Program, the Relative Need Formula, the Federal 
Highway Administration (FHWA) Price Trends Report, and the 
Transportation Equity Act for the 21st Century (TEA-21) Negotiated 
Rulemaking Process?

    The background information on the IRR Program, the relative need 
formula, the FHWA Price Trends Report, and the TEA-21 Negotiated 
Rulemaking process is detailed in the Federal Register notice dated 
February 15, 2000 (65 FR 7431).

Why Are You Publishing This Rule?

    We are publishing this rule for the distribution of $25 million of 
fiscal year 2003 IRR funds. This rule sets not precedent for the final 
rule to be published as required by section 1115 of TEA-21.

Where Can I Find Information on the Distribution of Fiscal Year 2002 
IRR Funds?

    You can find this information in the Federal Register notice dated 
January 10, 2002 (67 FR 1290).

How Will the Secretary Distribute $25 Million of Fiscal Year 2003 IRR 
Program Funds?

    Upon publication of this rule, the Secretary will distribute $25 
million of fiscal year 2003 IRR Program funds based on the current 
relative need formula used in fiscal years 2000, 2001 and in the first 
distribution in fiscal year 2003. We are using the latest indices from 
the FHWA Price Trends Report with appropriate modifications for non-
reporting states in the relative need formula distribution process.

Regulatory Planning and Review (Executive Order 12866)

    Under the criteria in Executive Order 12866, this rule is not a 
significant regulatory action because it will not have an annual effect 
of more than $100 million on the economy. The total amount available 
for distribution of fiscal year 2003 IRR Program funds is approximately 
$200 million and we are distributing approximately $25 million under 
this rule. Congress has authorized these funds and FHA has already 
allocated them to BIA. The cost to the government of distributing the 
IRR Program funds, especially under the relative need formula with 
which the tribal governments and tribal organizations and the BIA are 
already familiar, is negligible. The distribution of fiscal year 2003 
IRR Program funds does not require tribal governments and tribal 
organizations to expend any of their own funds. This rule is consistent 
with the policies and practices that currently guide our distribution 
of IRR Program funds. This rule continues to adopt the relative need 
formula that we have used since 1993, adjusting the FHWA Price Trends 
Report indices for states that do not have current data reports. This 
rule will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another Federal agency. The FHWA has 
transferred the IRR Program funds to us and fully expects the BIA to 
distribute the funds according to a funding formula approved by the 
Secretary. This rule does not alter the budgetary effects on any tribes 
from any previous or any future distribution of IRR Program funds and 
does not alter entitlement, grants, user fees, or loan programs or the 
rights or obligations of their recipients. This rule does not raise 
novel legal or policy issues. It is based on the relative need formula 
in use since 1993. We are changing determination of relative need only 
by appropriately modifying the FHWA Price Trend Report indices for 
states that did not report data for the FHWA Price Trends Report, just 
as we did for the partial distributions for fiscal years 2000, 2001 and 
2002 IRR Program funds.
    Approximately 350 road and bridge construction projects are at 
various phases that depend on this fiscal year's IRR Program funds. 
Leaving these ongoing projects unfunded will create undue hardship on 
tribes and tribal members. Lack of 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 rule is consistent 
with the policies and practices that currently guide our distribution 
of IRR Program funds.

Regulatory Flexibility Act

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

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act, because it does not have 
an annual effect on the economy of $100 million or more. We are 
distributing approximately $25 million under this rule. Congress has 
authorized these funds and FHWA has already allocated them to BIA. The 
cost to the government of distributing the IRR Program funds, 
especially under the relative need formula with which tribal 
governments, tribal organizations, and the BIA are already familiar, is 
negligible. The distribution of the IRR Program funds does not require 
tribal governments and tribal organizations to expend any of their own 
funds. 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 transportation planning, road and bridge 
construction, and 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.

Unfunded Mandates Reform Act

    Under the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.), 
this rule will not significantly or uniquely affect small governments, 
or the private sector. A Small Government Agency Plan is not required. 
This 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. The effect of this rule is to immediately provide 
$25

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million of fiscal year 2003 IRR Program funds to tribal governments for 
ongoing IRR activities and construction projects.

Takings Implications (Executive Order 12630)

    With respect to Executive Order 12630, the 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 (Executive Order 13132)

    With respect to Executive Order 13132, the rule does not have 
significant Federalism implications to warrant the preparation of a 
Federalism Assessment. This rule does not affect the relationship 
between state governments and the Federal Government because this 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 Executive Order 13132.

Civil Justice Reform (Executive Order 12988)

    This rule does not unduly burden the judicial system and meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 1988. This 
rule contains no drafting errors or ambiguity and is clearly written to 
minimize litigation, provide clear standards, simplify procedures, and 
reduce burden. This rule does not preempt any statute. Under the 
Transportation Equity Act for the 21st Century negotiated rulemaking, 
we have published a proposed rule and funding formula (67 FR 51328, 
August 7, 2002). A final funding formula for fiscal year 2004 will be 
published in 2003. The 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 $25 million of fiscal year 
2003 IRR Program funding.

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not impose record keeping 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 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 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.

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175)

    Pursuant to the President's Executive Order 13175 of November 6, 
2000, ``Consultation and Coordination with Indian Tribal Governments,'' 
we have consulted with tribal representatives throughout the negotiated 
rulemaking process and in developing this rule. We have evaluated any 
potential effects on federally recognized Indian tribes and have 
determined that there are no potential adverse effects and have 
determined that this rule preserves the integrity and consistency of 
the relative need formula process we have used since 1993 to distribute 
IRR Program funds. We are making a change from previous years (which we 
also made for fiscal years 2000, 2001, and 2002 IRR Program funds (see 
Federal Register notices at 65 FR 37697, 66 FR 17073, and 67 FR 44355) 
to modify the FHWA Price Trends Report indices for non-reporting states 
which do not have current price trends 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. 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

    Highways and Roads, Indians-lands.


    For the reasons set out in the preamble, we are 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), 
202, 204), unless otherwise noted.


    2. Add Sec.  170.4b to read as follows:


Sec.  170.4B  What formula will BIA use to distribute $25 million of 
fiscal year 2003 Indian Reservation Roads Program funds?

    On January 13, 2003 we will distribute $25 million of fiscal year 
2003 IRR Program funds authorized under Section 1115 of the 
Transportation Equity Act for the 21st Century, Public Law 105-178, 112 
Stat. 154. We will distribute the funds to Indian Reservation Roads 
projects on or near Indian reservations using the relative need formula 
established and approved in January 1993. The formula has been modified 
to account for non-reporting States by inserting the latest data 
reported for those states for use in the relative need formula process.

    Dated: December 16, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 03-343 Filed 1-7-03; 8:45 am]
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