[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Proposed Rules]
[Pages 36040-36043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15928]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

[190D0102 DRDS5A300000DR.5A311.IA000118]
RIN 1076-AF45


Tribal Transportation Program; Inventory of Proposed Roads

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing a change to a 
provision in the Tribal Transportation Program regulations affecting 
proposed roads that are currently in the National Tribal Transportation 
Facility Inventory (NTTFI). Specifically, this proposed rule would 
delete the requirement for Tribes to collect and submit certain data in 
order to keep those proposed roads in the NTTFI. The requirement to 
collect and submit data to add new proposed roads to the NTTFI would 
remain in place.

DATES: Comments are due by September 24, 2019.

ADDRESSES: You may send comments, identified by number 1076-AF45, by 
any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov. Follow the 
instructions for sending comments.
--Email: [email protected]. Include the number 1076-AF45 in the subject 
line of the message.
--Mail or hand-delivery: Elizabeth Appel, Office of Regulatory Affairs 
&

[[Page 36041]]

Collaborative Action, U.S. Department of the Interior, 1849 C Street 
NW, MIB-4660-MS, Washington, DC 20240. Include the number 1076-AF45 in 
the subject line of the message.

    Instructions: All submissions received must include ``Bureau of 
Indian Affairs'' and ``1076-AF45.'' All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. We cannot ensure 
that comments received after the close of the comment period (see 
DATES) will be included in the docket for this rulemaking and 
considered.
    Comments on the information collections contained in this proposed 
regulation (see ``Paperwork Reduction Act'' section, below) are 
separate from those on the substance of the rule. Send comments on the 
information collection burden to OMB by facsimile to (202) 395-5806 or 
email to the OMB Desk Officer for the Department of the Interior at 
[email protected]. Please send a copy of your comments to the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
notice.

FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Division of 
Transportation, Office of Indian Services, Bureau of Indian Affairs, 
(202) 513-7711, [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of Rule
II. Tribal Consultation
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation
    M. Public Availability of Comments

I. Summary of Rule

    Regulations governing the Tribal Transportation Program were 
published in 2016. See 81 FR 78456 (November 7, 2016). The regulations 
became effective on December 7, 2016, except for Sec.  170.443, which 
required Tribes' compliance one year later: On November 7, 2017. 
Section 170.443 required Tribes to collect data for proposed roads to 
be added to, or remain in, the NTTFI. BIA then further delayed the 
November 7, 2017, deadline for compliance with Sec.  170.443 to 
November 7, 2019. See 82 FR 50312 (October 31, 2017), 83 FR 8609 
(February 28, 2018). The purpose of the delay was to provide BIA with 
time to reexamine whether revision or deletion of the data collection 
requirements in Sec.  170.443 would be appropriate. Since that time, 
BIA staff have engaged in outreach at several regional and national 
meetings with affected Tribes. BIA is now proposing to apply the data 
collection requirements going forward to any new proposed road 
submission, but not to proposed roads that were already in the NTTFI as 
of the date of publication of the regulations on November 7, 2016, 
unless any changes or updates were or are made after that date. BIA is 
making this proposal because Tribes added the proposed roads to the 
NTTFI under the rules that were in effect at the time, which did not 
require the significant data collection. Moving forward, however, BIA 
would require that new proposed roads include the back-up documentation 
identified by Sec.  170.443 (a)(1)-(8) in order to be added to the 
NTTFI.

II. Tribal Consultation

    We will be hosting the following Tribal consultation sessions at 
targeted locations throughout the country to discuss this proposed 
rule. The dates and locations for the consultation sessions are as 
follows:

----------------------------------------------------------------------------------------------------------------
                  Date                                Time                              Location
----------------------------------------------------------------------------------------------------------------
September 5, 2019.......................  9:00 a.m.-12:00 (Local       Minneapolis, MN.
                                           time).
September 10, 2019......................  9:00 a.m.-12:00 (Local       Anchorage, AK.
                                           time).
September 12, 2019......................  9:00 a.m.-12:00 (Local       Denver, CO.
                                           time).
----------------------------------------------------------------------------------------------------------------

    Please check the BIA's Consultations website, https://www.bia.gov/as-ia/consultations, for the most current consultation information.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) at the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has determined 
that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The E.O. directs agencies to consider regulatory approaches that reduce 
burdens and maintain flexibility and freedom of choice for the public 
where these approaches are relevant, feasible, and consistent with 
regulatory objectives. E.O. 13563 emphasizes further that regulations 
must be based on the best available science and that the rulemaking 
process must allow for public participation and an open exchange of 
ideas. We have developed this rule in a manner consistent with these 
requirements. This rule is also part of the Department's commitment 
under the Executive Order to reduce the number and burden of 
regulations.
    E.O. 13771 of January 30, 2017, directs Federal agencies to reduce 
the regulatory burden on regulated entities and control regulatory 
costs. E.O. 13771, however, applies only to significant regulatory 
actions, as defined in Section 3(f) of E.O. 12866. Therefore, E.O. 
13771 does not apply to this proposed rule.

B. Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more because it merely codifies eligibility requirements that were 
already established by past practice and a Federal District Court 
ruling.

[[Page 36042]]

    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions because this rule affects only 
individuals' eligibility for certain education contracts.
    (c) 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 
because this rule affects agreements between Tribes and the Department 
to allow Tribes to authorize individual leases, business agreements, 
and rights-of-way on Tribal land.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a monetarily significant or unique effect 
on State, local, or Tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630 because this rule 
does not affect individual property rights protected by the Fifth 
Amendment or involve a compensable ``taking.'' A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement because the rule 
affects only agreements entered into by Tribes and the Department. A 
federalism summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule: (a) Meets the criteria of section 3(a) 
requiring that all regulations be reviewed to eliminate errors and 
ambiguity and be written to minimize litigation; and (b) Meets the 
criteria of section 3(b)(2) requiring that all regulations be written 
in clear language and contain clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined that it has substantial 
direct effects on federally recognized Indian Tribes because the rule 
affects what proposed roads will remain on the inventory of Tribal 
transportation facilities. The Department is hosting consultation 
sessions with Tribes (see ``II. Tribal Consultation'' above) and will 
be individually notifying each federally recognized Tribe of these 
opportunities to consult.

I. Paperwork Reduction Act

    OMB Control No. 1076-0161 currently authorizes the collections of 
information contained in 25 CFR part 170, with an expiration of 
September 30, 2019. The current authorization totaling an estimated 
23,446 annual burden hours. If this proposed rule is finalized, the 
annual burden hours will decrease by an estimated 2,520 hours. This 
decrease is due to the elimination of the requirement for Tribes to 
provide information on proposed roads that are already included on the 
inventory. This change would require a revision to an approved 
information collection under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq. for which the Department is requesting OMB 
approval.
    OMB Control Number: 1076-0161.
    Title: Tribal Transportation Program, 25 CFR 170.
    Brief Description of Collection: The information submitted by 
Tribes allows them to participate in planning the development of 
transportation needs in their area; the information provides data for 
administration, documenting plans, and for oversight of the program by 
the Department. Some of the information such as the providing inventory 
updates (25 CFR 170.444), the development of a long range 
transportation plan (25 CFR 170.411 and 170.412), the development of a 
Tribal transportation improvement program (25 CFR 170.421), and annual 
report (25 CFR 170.420) are mandatory to determine how funds will 
allocated to implement the Tribal Transportation Program. Some of the 
information, such as public hearing requirements, is necessary for 
public notification and involvement (25 CFR 170.437 and 170.438), while 
other information, such as a request for exception from design 
standards (25 CFR 170.456), is voluntary. The revision accounts for 
updates made to Sec.  170.443, removing the requirement to provide 
information for proposed roads that existed in the inventory as of 
November 7, 2016.
    Type of Review: Revision of a currently approved collection.
    Respondents: Federally recognized Indian Tribes.
    Number of Respondents: 281 on average (each year).
    Number of Responses: 1,504 on average (each year).
    Frequency of Response: On occasion.
    Estimated Time per Response: Varies from 0.5 hours to 40 hours.
    Estimated Total Annual Hour Burden: 20,928 hours.
    OMB Control No. 1076-0161 currently authorizes the collections of 
information contained in 25 CFR part 170. If this proposed rule is 
finalized, the annual burden hours for respondents will decrease by 
approximately 2,520 hours because Tribes will no longer be required to 
provide information that they would have been required to submit under 
the current estimates.
    The recordkeeping requirements contained in section 170.472 are 
authorized under OMB Control No. 1076-0136, applicable to self-
determination and self-governance contracts and compacts under 25 CFR 
900 and 1000.
    Please note that an agency may not sponsor or request, and an 
individual need not respond to, a collection of information unless it 
displays a valid OMB Control Number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because this is an administrative and procedural regulation. 
(For further information see 43 CFR 46.210(i)). We have also determined 
that the rule does not involve any of the extraordinary circumstances 
listed in 43 CFR 46.215 that would require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

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L. Clarity of this Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and,
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

M. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 25 CFR Part 170

    Highways and roads, Indians-lands.

    For the reasons stated in the preamble, the Department of the 
Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 170 
as follows:

PART 170--TRIBAL TRANSPORATION PROGRAM

0
1. The authority citation for part 170 continues to read as follows:
    Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 
U.S.C. 2, 9.
0
2. In Sec.  170.443, revise paragraph (b) to read as follows:


Sec.  170.443   What is required to successfully include a proposed 
transportation facility in the NTTFI?

    (a) * * *
    (b) For those proposed roads that were included in the NTTFI as of 
November 7, 2016, the information in paragraphs (a)(1) through (a)(8) 
of this section may be submitted for approval to BIA and FHWA at any 
time, but is not required in order for those proposed roads to remain 
in the NTTFI, unless any changes or updates to the proposed road were 
(or are) made after that date.

    Dated: July 3, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2019-15928 Filed 7-25-19; 8:45 am]
 BILLING CODE 4337-15-P