[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Pages 11024-11027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4367]


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

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: In accordance with the Surface Transportation and Uniform 
Relocation Assistance Act of 1987, and as authorized by the Secretary 
of Transportation, the Bureau of Indian Affairs intends to make funds 
available to federally-recognized Indian tribes on an annual basis for 
implementing traffic safety projects, which are designed to reduce the 
number of traffic crashes, deaths, injuries and property damage within 
Indian country. Because of the limited funding available for this

[[Page 11025]]

project, 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 to all tribal leaders on the latest tribal leaders 
list that is complied by the Bureau of Indian Affairs.

DATES: Requests for funds must be received by May 1 of each program 
year. Requests not received in the office of the Indian Highway Safety 
Program by close of business on May 1 will not be considered. The 
information packets will be distributed by the end of January of each 
program year.

ADDRESSES: Each tribe must submit their request to the Bureau of Indian 
Affairs, Division of Safety and Risk Management, Attention: Indian 
Highway Safety Program Coordinator, 201 3rd Street, NW., Suite 310, 
Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT: Tribes should direct questions on the 
grant program to Patricia Abeyta, Coordinator, Indian Highway Safety 
Program or to Charles L. Jaynes, Program Administrator, Bureau of 
Indian Affairs, 201 3rd Street, NW., Suite 310, Albuquerque, New Mexico 
87102; Telephone: (505) 245-2104.

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 must be 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 eligible costs incurred 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 for all the 
Indian Nations in the United States to the Assistant Secretary--Indian 
Affairs. The Assistant Secretary--Indian Affairs further delegated the 
responsibility for administration of the Indian Highway Safety Program 
to the Central Office, Division of Safety and Risk Management (DSRM), 
located in Albuquerque, New Mexico. The Chief, DSRM, as Program 
Administrator of the Indian Highway Safety Program, has staff members 
available to provide program and technical assistance to the Indian 
tribes. The Indian Highway Safety Program maintains contacts with the 
DOT with respect to program approval, funding and receiving technical 
assistance. DOT, through the National Highway Traffic Safety 
Administration (NHTSA), is responsible for ensuring that the Indian 
Highway Safety Program is carried out in accordance with 23 CFR part 
1200 and other applicable Federal statutes and regulations.

National Priority Program Areas

    The following highway safety program areas have been identified as 
eligible for funding under 23 CFR part 1205 based on an identifiable 
traffic safety problem on tribal lands:
     Alcohol Countermeasures.
     Police Traffic Services.
     Occupant Protection.
     Traffic Records.
     Emergency Medical Services.
     Safe Communities.
     Motorcycle Safety.
     Pedestrian and Bicycle Safety.
     Speed Control.

Highway Safety Program Funding Areas

    Proposals are being solicited for the following program areas:
    (1) Police Traffic Services. Selective traffic enforcement projects 
(STEPs) to enforce posted speed limits, apprehend reckless drivers and 
other traffic law violations, and specialized training for traffic law 
enforcement officers and judicial system officials.
    (2) Alcohol Countermeasures. STEPs to apprehend impaired drivers, 
specialized law enforcement training (such as Standardized Field 
Sobriety Testing), public information programs on alcohol/other drug 
use and driving, education programs for convicted DWI/DUI offenders and 
various youth alcohol education programs promoting traffic safety. 
Proposals for projects that enhance the development and implementation 
of innovative programs to combat impaired driving are also solicited.
    (3) Emergency Medical Services. Traffic safety related training 
primarily for rural emergency medical service providers, public 
education, and injury prevention.
    (4) Occupant Protection. Surveys to determine usage rates and to 
identify high-risk non-users, comprehensive programs to promote correct 
usage of child safety seats and other occupant restraints, STEPs, 
specialized training (such as Operation Kids, Traffic Occupant 
Protection Strategies (TOPS), and Standardized Child Passenger Safety 
Technician), and evaluations.
    (5) Traffic Records. Conduct assessments, analyze vehicular crash 
occurrences and causal factors and support joint efforts with other 
agencies to improve the tribe's traffic records system.
    (6) Motorcycle Safety. Public education and motorcycle operator 
training.
    (7) Safe Communities. Problem identification, data collection, plan 
development, and program implementation.
    (8) School Bus Safety. School bus transportation administrator 
support, school bus driver education and training.
    (9) Pedestrian/Bicycle Safety. Traffic law enforcement, public 
education and community programs.

Project Guidelines

    BIA will send information packets to the Tribal Leader of each 
federally-recognized Indian tribe by the end of January of each program 
year. On receiving the information packet, each tribe, to be eligible, 
must prepare a proposed project based on the following guidelines:
    (1) Program Planning. Program planning must be based upon the 
highway safety problems identified and the goals/objectives measures 
selected by the tribe.
    (2) Problem Identification. Highway traffic safety problems must be 
based on tribal data. County data or other data not specific to the 
tribe will not be accepted. This data should be sufficient enough to 
show problems and/or trend analysis. This data should be available in 
tribal enforcement and traffic crash records. The problem 
identification process may be aided by using professional studies, 
testing, and Indian Health Service. Data must accompany the funding 
request.
    (3) Countermeasures Selection. Once tribal traffic safety problems 
are identified, appropriate countermeasures to solve or reduce the 
problem(s) must be identified. The tribe should consider the overall 
cost of the countermeasures versus their possible effect on the 
problem.
    (4) Objectives/Performance Indicator. A list of objectives and 
measurable highway safety goals, within the National Priority Program 
Areas, based on highway safety problems identified by the tribe, must 
be included in each proposal, expressed in clearly defined, time-
framed, and measurable terms. Each goal must be accompanied by at

[[Page 11026]]

least one performance indicator that enables the Indian Highway Safety 
Program to track progress, from a specific baseline, towards meeting 
the goal (e.g., a goal to ``increase safety belt use from XX percent in 
2003 to YY percent in 2004,'' using a performance measure of ``percent 
of restrained occupants in front outboard seating positions in 
passenger motor vehicles''). Performance measures should be aggressive 
but attainable.
    (5) Budget Forma. The activities to be funded will be outlined in 
detail according to the following object groups: Personnel services; 
travel; and transportation; rent/communications; printing and 
reproduction, other services, equipment and training. Equipment 
purchases $5,000 or more require prior approval from NHTSA. Each object 
group must be quantified; i.e., personnel activities should show number 
to be employed, hours to be employed, hourly rate of pay, etc. Each 
object group must 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. 
Because of limited funding, this office will limit indirect costs to a 
maximum of 15 percent.
    (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 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 developing of 
tribal projects.
    (8) Project Length. The traffic safety program is designed 
primarily as the source of invention and motivation, rather than as 
financially supporting continuing operations.
    (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 send its funding request to the BIA Indian Highway 
Safety Program office in Albuquerque, New Mexico. The Indian Highway 
Safety Program office must receive the request by close of business May 
1 of each program year. Requests for extensions 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 process.

Selection Criteria

    Each funding request will be reviewed and evaluated by the BIA's 
Indian Highway Safety Program, Law Enforcement, Department of 
Education, Office of Alcohol and Substance Abuse, and Division of 
Transportation staff. Each staff member, by assigning points to the 
following five criteria, will rank each of the proposals based on the 
following criteria:
    Criteria 1, the strength of the problem identification based on 
verifiable, current and applicable documentation of the traffic safety 
problem (40 points maximum).
    Criteria 2, the quality of the proposed solution plan based on 
aggressive but attainable performance measures, time-framed action 
plan, cost eligibility, amount, if any, of in-kind funding/support 
provided by the tribe, and necessity and reasonableness of the budget 
(30 points maximum).
    Criteria 3, details on how the tribe will evaluate and show 
progress on its performance measures regarding the Evaluation component 
(20 points maximum).
    Criteria 4, supporting documentation of the submitting tribe's 
qualifications, commitment, and community involvement in traffic safety 
(10 points maximum).
    Criteria 5, tribes are eligible for bonus points (up to 10 extra 
points) if all reporting requirements have been met in previous years.

Notification of Selection

    The tribes selected to participate will be notified by letter. Upon 
notification, each tribe selected must provide a duly authorized tribal 
resolution. The certification and resolution must be on file before 
grant funds for the tribe 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. Non-selected 
proposals may be retained, with score sheets, for 90 days.

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, 1205 and 1251. OMB Circular A-87 and the ``Highway 
Safety Grant Funding Policy for NHTSA/FHWA Field-Administered Grants'' 
are the established cost principles applicable to grants and contracts 
through BIA and with tribal governments. It is the responsibility of 
BIA's Indian Highway Safety Program office to establish operating 
procedures consistent with the applicable provisions of these rules.

Standards for Financial Management System

    Tribal financial systems must provide:
    (1) Current and complete disclosure of project activities.
    (2) Accurate and timely recordkeeping.
    (3) Accountability and control of all grant funds and equipment.
    (4) Comparison of actual expenditures with budgeted amounts.
    (5) Documentation of accounting records.
    (6) Appropriate auditing of Highway Safety Projects, which will be 
included in the Tribal A-133 single audit requirement.
    Tribes will provide monthly program status reports and a 
corresponding reimbursement claim to the Coordinator, BIA Indian 
Highway Safety Program, 201 3rd Street, NW., Suite 310, Albuquerque, 
New Mexico 87102. These will be submitted no later than 10 work days 
beyond the reporting month.

Project Monitoring

    During the program year, it is the responsibility of the BIA Indian 
Highway Safety Program office to review the implementation of tribal 
traffic safety plans and programs, monitor the progress of their 
activities and expenditures, and provide technical assistance as 
needed.

Project Evaluation

    BIA will conduct an annual performance evaluation for each Highway 
Safety Project. The evaluation will measure the actual accomplishments 
to the planned activity. BIA will evaluate the project

[[Page 11027]]

on-site at the discretion of the Indian Highway Safety Program 
Administrator.

    Dated: February 11, 2005.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 05-4367 Filed 3-4-05; 8:45 am]
BILLING CODE 4310-5H-P