[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Proposed Rules]
[Pages 21861-21862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08665]



Bureau of Indian Affairs

25 CFR Part 170


Tribal Consultation on the Draft Regulations Governing the Tribal 
Transportation Program

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Tribal Consultations and Informational Meetings.


SUMMARY: The Bureau of Indian Affairs is announcing tribal 
consultations to discuss draft revisions of the regulations governing 
the Tribal Transportation Program. The consultations will also cover 
requirements for proposed roads and access roads to be included in the 
National Tribal Transportation Facility Inventory and will include an 
update regarding the ongoing quality assurance review of the facility 

DATES: Comments on the draft rule are due by June 14, 2013. The 
consultation sessions will be held on the following dates, at the 
following locations:

               Meeting date                           Location                             Time
May 14, 2013.............................  Anchorage, AK................  9 a.m.-4:30 p.m.
May 16, 2013.............................  Phoenix, AZ..................  9 a.m.-4:30 p.m.
May 21, 2013.............................  Minneapolis, MN..............  9 a.m.-4:30 p.m.

     Send comments to: LeRoy M. Gishi, Chief, Division of 
Transportation, Bureau of Indian Affairs, 1849 C Street, NW., MS-4513, 
Washington, DC 20240, telephone (202) 513-7711, email: 
[email protected]; or Robert W. Sparrow, Jr., Director, Tribal 
Transportation Program, Federal Highway Administration, 1200 New Jersey 
Ave, SE., Room E61-311, Washington, DC 20159, telephone (202) 366-9483, 
email: [email protected].
     Addresses of the venues at which each meeting will be 
held, a copy of the draft regulation, and background information are 
posted at the following Web site (the address is case-sensitive, please 
use capitals where indicated): http://www.bia.gov/WhoWeAre/BIA/OIS/Transportation.

FOR FURTHER INFORMATION CONTACT: LeRoy M. Gishi, telephone (202) 513-
7711; email: [email protected]; or Robert W. Sparrow, Jr., telephone 
(202) 366-9483; email: [email protected].

SUPPLEMENTARY INFORMATION: Federally recognized tribes are invited to 
attend one or more of the consultation and informational sessions 
regarding the following topics:
     On July 6, 2012, Moving Ahead for Progress in the 21st 
Century Act (MAP-21), Public Law 112-141, a two-year reauthorization of 
the transportation act, was signed into law by President Obama and 
became effective on October 1, 2012.
     Section 1119 of MAP-21 struck the existing laws governing 
the Indian Reservation Roads Program from 23 U.S.C. 201-204, and 
renumbered many of those sections under 23 U.S.C. 201 and 202 and 
changed the name from ``Indian Reservation Roads Program'' to ``Tribal 
Transportation Program (TTP).'' MAP-21 also changed the name of the 
``Indian Reservation Roads Inventory'' to the ``National Tribal 
Transportation Program Facility Inventory (NTTFI).'' See 23 U.S.C. 
202(b)(1). Section 1103 of MAP-21 amended the name of an ``Indian 
Reservation Road'' to a ``Tribal Transportation Facility.''
     Section 1119 of MAP-21 created a new formula for 
distribution of TTP funds among tribes, which had the effect of 
overriding the existing Relative Need Distribution Formula (RNDF) that 
was published in 2004 at 25 CFR part 170, Subpart C. See 23 U.S.C. 
202(b)(3). Although the RNDF is no longer applicable under the new TTP 
formula, certain historical aspects of the former

[[Page 21862]]

RNDF continue to be relevant in the new TTP formula.
     Section 1119 of MAP-21 also made other miscellaneous 
changes to the remainder of the laws governing the TTP that require BIA 
to make changes to 25 CFR part 170.
     The current 25 CFR part 170 was published in 2004 (69 
Federal Register 43090, July 19, 2004). Congress later enacted the 
Safe, Accountable, Flexible and Efficient Transportation Equity Act--A 
Legacy for Users (SAFETEA-LU), Public Law 100-59 (August 10, 2005). 
Certain provisions of 25 CFR part 170 were amended as a result of the 
enactment of SAFETEA-LU but the regulation was not revised at that 
time. MAP-21 effectively amends or renders obsolete parts of 25 CFR 
part 170 so the BIA must revise the regulation to bring it into 
compliance with MAP-21.
     There have been significant changes in the way the TTP is 
delivered to tribes since 25 CFR part 170 was published in 2004 and the 
Bureau of Indian Affairs (BIA) needs to update the regulations to 
reflect certain aspects of the changes.
     Tribes, BIA, and FHWA have identified the lack of 
requirements for proposed and access roads to be added to or remain in 
the NTTFI as an area of concern in the current regulation for many 
years. Proposed roads are currently defined by 25 CFR 170.5 as ``a road 
which does not currently exist and needs to be constructed.'' A primary 
access route is the shortest practicable route connecting two points, 
including roads between villages, roads to landfills, roads to drinking 
water sources, roads to natural resources identified for economic 
development, and roads that provide access to intermodal termini, such 
as airports, harbors, or boat landings. See 23 U.S.C. 202(b)(1). During 
2012, BIA and FHWA conducted thirteen tribal consultation meetings 
throughout the country on a joint BIA and FHWA recommendation for 
changing how Proposed Roads and Access Roads would contribute to the 
RNDF for Indian Reservation Roads Program funds. See 25 CFR part 170, 
Subpart C. Although MAP-21 replaces the RNDF as discussed above, BIA 
needs to codify the requirements that Proposed Roads or Access Roads 
must meet in order to be added to or remain in the NTTFI.
     Apart from the consultations, BIA and FHWA will provide an 
update regarding the ongoing NTTFI quality assurance review. After 
consulting with tribes in 2010, BIA and FHWA began the process of 
implementing a comprehensive quality assurance review of the NTTFI to 
be compatible with the Federal-aid highways functional classification 
system. During the review, it was determined that some transportation 
facilities in the NTTFI were missing data, incorrectly classified data, 
and contained other technical errors. The update will discuss the 
status and results to date of the quality assurance review, as well as 
seek additional input regarding ways to continue improving the accuracy 
of the NTTFI.
    BIA plans to schedule further consultations at different or 
additional locations after a Notice of Proposed Rulemaking is published 
in the Federal Register.

      Meeting Agenda for May 14, 16, and 21, 2013 (all times local)
               Time                                 Topic
9 a.m.-9:15 a.m...................  Welcome and Introductions.
9:15 a.m.-9:30 a.m................  Brief history of 25 CFR part 170 and
                                     process for updating the
9:30 a.m.-10 a.m..................  MAP-21 and its impacts on 25 CFR
                                     part 170.
10 a.m.-10:15 a.m.................  Break.
10:15 a.m.-11:45 a.m..............  Discussion of updates to 25 CFR part
11:45 a.m.-1 p.m..................  Break.
1 p.m.-3 p.m......................  Continue discussion of updates to 25
                                     CFR part 170.
3:15 p.m.-4 p.m...................  Update regarding National Tribal
                                     Transportation Facilities Inventory
                                     (NTTFI) quality assurance review.
4 p.m.-4:30 p.m...................  Closing Comments.
4:30 p.m..........................  Adjourn.

    Dated: April 9, 2013.
Kevin Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2013-08665 Filed 4-11-13; 8:45 am]