[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Rules and Regulations]
[Pages 2298-2299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-281]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 91

[OJP(OJP)-Docket No. 1099F]
RIN 1121-AA41


Grants for Correctional Facilities on Tribal Lands Program

AGENCY: Office of Justice Programs, Justice.

ACTION: Second interim rule with request for comments.

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SUMMARY: The Office of Justice Programs is issuing this second interim 
rule to update and further clarify what the Bureau of Justice 
Assistance considers to be an eligible ``Indian tribe'' and what is 
considered to be ``construction,'' under the Grants for Correctional 
Facilities on Tribal Lands Program.

DATES: This rule will become effective February 17, 2004. All comments 
must be received by March 15, 2004.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule, by U.S. mail, to Renee Giger, Bureau of Justice Assistance, 
Office of Justice Programs, 810 Seventh Street, NW., Washington, DC 
20531; and by electronic mail, to: [email protected]. Communications 
should refer to the above docket number and title.

FOR FURTHER INFORMATION CONTACT: Phillip Merkle, Senior Policy Advisor, 
Bureau of Justice Assistance, Office of Justice Programs, 810 Seventh 
Street, NW., Washington, DC 20531; Telephone: (202) 305-2550. (This is 
not a toll-free number.)

SUPPLEMENTARY INFORMATION: 

Background

    The Bureau of Justice Assistance (BJA) in the Office of Justice 
Programs (OJP) administers several major grant programs and provides 
technical assistance to state, local, and tribal governments to help 
them with the implementation of the 1994 Crime Act's corrections-
related programs. One of these programs is the Grants for Correctional 
Facilities on Tribal Lands Program. This program provides funding for 
the construction of correctional facilities on tribal lands for the 
incarceration of offenders subject to tribal jurisdiction.
    Grant funds may not be used for the purchase of land or for the 
costs associated with the operation of the correctional facility.

History of This Rulemaking

    On September 24, 1996, OJP published an interim rule (at 61 FR 
49969), amending 28 CFR Part 91, Subpart C, Grants for Correctional 
Facilities, to implement the Violent Offender Incarceration and Truth-
In-Sentencing Grants Program for Indian Tribes, as required by section 
114 of the Fiscal Year 1996 Omnibus Consolidated Rescissions and 
Appropriations Act. Section 114 amended the Violent Crime Control and 
Law Enforcement Act of 1994, 42 U.S.C. 13701 et seq., to authorize a 
reservation of funds for the specific purpose of allowing the Attorney 
General to make discretionary grants to Indian tribes.
    Since the publication of the 1996 interim rule, OJP has received 
requests for further clarification of certain terms. Accordingly, OJP 
is now issuing this second interim rule, revising Subpart C to update 
and clarify what is an eligible ``Indian tribe'' and what is considered 
``construction'' under this program.

Regulatory Certifications

Administrative Procedure Act 5 U.S.C. 553

    Because this rule makes only technical clarifications to a 
previously published interim rule, and imposes no new restrictions, the 
Department of Justice finds good cause for exempting it from the 
provision of the Administrative Procedure Act (5 U.S.C. 553) requiring 
notice of proposed rule-making, and the 60-day period required for 
public comment. For the same reasons, a delay in the effective date of 
these changes would be unnecessary and contrary to the public interest.

Executive Order 12866

    This regulation has been written and reviewed in accordance with 
Executive Order 12866, Sec. 1(b), Principles of Regulation. OJP has 
determined that this rule is not a ``significant regulatory action'' 
under Executive Order 12866, Sec. 3(f), Regulatory Planning and Review, 
and accordingly this rule has not been reviewed by the Office of 
Management and Budget.

Regulatory Flexibility Act

    OJP, in accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), has reviewed this regulation and by approving it certifies 
that this regulation will not have a significant economic impact upon a 
substantial number of small entities because the economic impact is 
limited to OJP's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Paperwork Reduction Act

    No new collection of information requirements as defined under the 
Paperwork Reduction Act (44 U.S.C. 3504(h)) are being added by this 
regulation.

Environmental Impact

    OJP has evaluated this rule in accordance with its procedures for 
ensuring full consideration of the potential environmental impacts of 
OJP's actions, as required by the National Environmental Policy Act (42

[[Page 2299]]

U.S.C. Sec.  4321 et seq.) and related directives. OJP has concluded 
that the issuance of this rule does not have a significant impact on 
the quality of the human environment and, therefore, does not require 
the preparation of an Environmental Impact Statement.

Energy Impact Statement

    OJP has evaluated this rule and has determined that it creates no 
new impact on the energy supply or distribution.

List of Subjects in 28 CFR Part 91

    Grant programs--Law.

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Accordingly, for the reasons set forth in the preamble, 28 CFR part 91, 
as amended by the interim rule published at 61 FR 49969 on September 
24, 1996, is further amended by this second interim rule as follows:

PART 91--GRANTS FOR CORRECTIONAL FACILITIES

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1. The authority citation for subpart C continues to read as follows:

    Authority: 42 U.S.C. 13701 et seq., as amended by Pub. L. 104-
134.


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2. Subpart C is amended by revising the heading to read as follows:

Subpart C--Correctional Facilities on Tribal Lands

    2. Section 91.22 is amended by revising paragraphs (d) and (e) to 
read as follows:


Sec.  91.22  Definitions.

* * * * *
    (d) Indian Tribe means an eligible Native American tribe as defined 
by the Indian Self Determination Act, 25 U.S.C. 450b(e).
    (e) Construction means the erection, acquisition, renovation, 
repair, remodeling, or expansion of new or existing buildings or other 
physical facilities, and the acquisition or installation of fixed 
furnishings and equipment. It includes facility planning (including 
environmental impact analysis), pre-architectural programming, 
architectural design, preservation, construction, administration, 
construction management, or project management costs. Construction does 
not include the purchase of land.

Deborah J. Daniels,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 04-281 Filed 1-14-04; 8:45 am]
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