[Federal Register: January 8, 2003 (Volume 68, Number 5)]
[Rules and Regulations]
[Page 1003-1005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja03-4]
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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
[[Page 1005]]
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]