[Federal Register Volume 72, Number 11 (Thursday, January 18, 2007)]
[Rules and Regulations]
[Pages 2186-2187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-619]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 91

[OJP (OJP)--Docket No. 1382]
RIN 1121-AA41


Grants for Correctional Facilities

AGENCY: Office of Justice Programs, Justice.

ACTION: Final rule.

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SUMMARY: The Office of Justice Programs (OJP), Department of Justice, 
is adopting as a final rule, without change, an interim final rule with 
request for comments that OJP published on January 15, 2004, at 69 FR 
2298. That interim rule updated and clarified what the Bureau of 
Justice Assistance (BJA), a component of OJP, considered to be an 
eligible ``Indian tribe,'' and what the BJA considered to be 
``construction,'' under the Grants for Correctional Facilities on 
Tribal Lands Program. OJP did not receive any comments.

DATES: Effective February 20, 2007.

FOR FURTHER INFORMATION CONTACT: Maria Pressley, Bureau of Justice 
Assistance, Office of Justice Programs, 810 Seventh Street, NW., 
Washington, DC 20531; Telephone: (202) 353-8643. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: The Bureau of Justice Assistance (BJA) 
administers several major grant programs and provides technical 
assistance to state, local, and tribal governments to help them with 
the implementation of corrections-related programs under the Violent 
Crime Control and Law Enforcement Act of 1994. One such program 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.
    Grants for Correctional Facilities on Tribal Lands Program funds 
may not be used for the purchase of land or for the costs associated 
with the operation of the correctional facility.

Background

    On September 24, 1996, the Office of Justice Programs (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 (Pub. L. 104-
134). 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.
    After the publication of the 1996 interim rule, OJP received 
comments requesting further clarification of certain terms. 
Accordingly, on January 15, 2004, OJP published a second interim rule 
seeking comments (at 69 FR 2298) and further clarifying what the BJA 
considers to be an eligible ``Indian tribe'' and what it considered to 
be ``construction.''
    Comments on the second interim rule were required to be received on 
or by March 15, 2004. OJP did not receive any comments. Therefore, for 
the reasons given in the interim rule, OJP is adopting the interim rule 
as a final rule. No changes were made between the second interim rule 
and this final rule.

[[Page 2187]]

Regulatory Certifications

Executive Order 12866

    This final rule has been written and reviewed in accordance with 
Executive Order 12866, Sec. 1(b), Principles of Regulation. OJP has 
determined that this final 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 of 1980

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

Unfunded Mandates Act of 1995

    This final 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 final rule is not a major rule as defined by section 251 of 
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 
U.S.C. 804. This rule will not result in an annual effect on the 
economy of $100,000,000 or more; a major increase in costs 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 
final rule.

Environmental Impact

    OJP has evaluated this final 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 U.S.C. 4321 et seq.) and related directives. OJP has concluded that 
the issuance of this final 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 final 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.

PART 91--GRANTS FOR CORRECTIONAL FACILITIES

0
Accordingly, OJP is adopting as a final rule, without change, the 
second interim rule that amended 28 CFR part 91 and that was published 
at 69 FR 2298 on January 15, 2004.

Regina B. Schofield,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. E7-619 Filed 1-17-07; 8:45 am]
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