[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Rules and Regulations]
[Pages 55331-55332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28010]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 181

RIN 1076-AD82


Indian Highway Safety Program Competitive Grant Selection 
Criteria

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) intends to make funds 
available to federally recognized tribes on an annual basis for the 
purpose of financing tribal highway safety projects designed to reduce 
the incidence of traffic accidents within Indian country. Due to the 
limited funding available for the Indian Highway Safety Program, the 
BIA will review and select from proposed tribal projects on a 
competitive basis. This final rule addresses the selection criteria.

EFFECTIVE DATE: November 24, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. Charles Jaynes, Chief, BIA Division of Safety Management, (505) 
248-5060.

SUPPLEMENTARY INFORMATION: This rule was published as a proposed rule 
for comment on May 16, 1997 (62 FR 27000). No written comments were 
received. Accordingly, the proposed rule is published as the final rule 
without changes.
    This rule is published under the authority delegated by the 
Secretary of the Interior to the Assistant Secretary--Indian Affairs by 
209 DM 8.
    The Department of the Interior has certified to the Office of 
Management and Budget (OMB) that this final rule meets the applicable 
standards provided in sections 3(a) and 3(b)(2) of Executive Order 
12988. This rule is not a significant rule under Executive Order 12866 
and does not require approval by the OMB. This rule does not constitute 
a major Federal action significantly affecting the human environment 
and, therefore, no detailed statement is needed under the National 
Environmental Policy Act of 1969. Furthermore, this rule does not have 
significant takings implications in accordance with Executive Order 
12630, does not have significant Federalism effects, and does not have 
a significant economic impact of a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995

    This final rule imposes no unfunded mandates on any governmental or 
private entity and is in compliance with the provisions of the Unfunded 
Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    Under 23 U.S.C. 402, the Department of Transportation (DOT) funds 
both the DOT State Highway Safety Program and the BIA Indian Highway 
Safety Program. The information contained in each grant application 
under both programs is identical. The Indian Highway Safety Program 
competitive grant application solicits only the information DOT 
requires for its State Highway Safety Program and uses it for 
substantially the same purpose of awarding Highway Safety Program funds 
to applicants. OMB has reviewed and approved the information collection 
requirements for the DOT State Highway Safety Program. No additional 
OMB authorization is needed.

List of Subjects in 25 CFR Part 181

    Indians, Highways and roads, Highway safety.

    For the reasons set forth in the preamble, a new part 181 is added 
to subchapter H of title 25 of the Code of Federal Regulations as 
follows.

PART 181--INDIAN HIGHWAY SAFETY PROGRAM

Sec.
181.1 Purpose.
181.2 Definitions.
181.3 Am I eligible to receive a program grant?
181.4 How do I obtain an application?
181.5 How are applications ranked?
181.6 How are applicants informed of the results?
181.7 Appeals.


[[Page 55332]]


    Authority: 23 U.S.C. 402; 25 U.S.C. 13.


Sec. 181.1  Purpose.

    This part will assist the BIA Indian Highway Safety Program 
Administrator to disperse funds DOT/NHTSA has made available. The funds 
assist selected tribes with their proposed Highway Safety Projects. 
These projects are designed to reduce traffic crashes, reduce impaired 
driving crashes, increase occupant protection education, provide 
Emergency Medical Service training, and increase police traffic 
services.


Sec. 181.2  Definitions.

    Appeal means a written request for review of an action or the 
inaction of an official of the BIA that is claimed to adversely affect 
the interested party making the request.
    Applicant means an individual or persons on whose behalf an 
application for assistance and/or services has been made under this 
part.
    Application means the process through which a request is made for 
assistance or services.
    Grant means a written agreement between the BIA and the governing 
body of an Indian tribe or Indian organization wherein the BIA provides 
funds to the grantee to plan, conduct, or administer specific programs, 
services, or activities and where the administrative and programmatic 
provisions are specifically delineated.
    Grantee means the tribal governing body of an Indian tribe or Board 
of Directors of an Indian organization responsible for grant 
administration.
    Recipient means an individual or persons who have been determined 
as eligible and are receiving financial assistance or services under 
this part.


Sec. 181.3  Am I eligible to receive a program grant?

    The Indian Highway Safety Program grant is available to any 
federally recognized tribe. Because of the limited financial resources 
available for the program, the Bureau of Indian Affairs (BIA) is unable 
to award grants to all applicants. Furthermore, some grant recipients 
may only be awarded a grant to fund certain aspects of their proposed 
tribal projects.


Sec. 181.4  How do I obtain an application?

    BIA mails grant application packages for a given fiscal year to all 
federally recognized tribes by the end of February of the preceding 
fiscal year. Additional application packages are available from the 
Program Administrator, Indian Highway Safety Program, P.O. Box 2003, 
Albuquerque, New Mexico 87103. Each application package contains the 
necessary information concerning the application process, including 
format, content, and filing requirements.


Sec. 181.5  How are applications ranked?

    BIA ranks each timely filed application by assigning points based 
upon four factors.
    (a) Factor No. 1--Magnitude of the problem (Up to 50 points 
available). In awarding points under this factor, BIA will take into 
account the following:
    (1) Whether a highway safety problem exists.
    (2) Whether the problem is significant.
    (3) Whether the proposed tribal project will contribute to 
resolution of the identified highway safety problem.
    (4) The number of traffic accidents occurring within the 
applicant's jurisdiction over the previous 3 years.
    (5) The number of alcohol-related traffic accidents occurring 
within the applicant's jurisdiction over the previous 3 years.
    (6) The number of reported traffic fatalities occurring within the 
applicant's jurisdiction over the previous 3 years.
    (7) The number of reported alcohol-related traffic fatalities 
occurring within the applicant's jurisdiction over the previous 3 
years.
    (b) Factor No. 2--Countermeasure selection (Up to 40 points 
available). In awarding points under this factor, BIA will take into 
account the following:
    (1) Whether the countermeasures selected are the most effective for 
the identified highway safety problem.
    (2) Whether the countermeasures selected are cost effective.
    (3) Whether the applicant's objectives are realistic and 
attainable.
    (4) Whether the applicant's objectives are time framed and, if so, 
whether the time frames are realistic and attainable.
    (c) Factor No. 3--Tribal Leadership and Community Support (Up to 10 
points available). In awarding points under this factor, BIA will take 
into account the following:
    (1) Whether the applicant proposes using tribal resources in the 
project.
    (2) Whether the appropriate tribal governing body supports the 
proposal plan, as evidenced by a tribal resolution or otherwise.
    (3) Whether the community supports the proposal plan, as evidenced 
by letters or otherwise.
    (d) Factor No. 4--Past Performance (+ or -10 points available). In 
awarding points under this factor, BIA will take into account the 
following:
    (1) Financial and programmatic reporting requirements.
    (2) Project accomplishments.


Sec. 181.6  How are applicants informed of the results?

    BIA will send a letter to all applicants notifying them of their 
selection or non-selection for participation in the Indian Highway 
Safety Program for the upcoming fiscal year. BIA will explain to each 
applicant not selected for participation the reason(s) for non-
selection.


Sec. 181.7  Appeals.

    You may appeal actions taken by BIA officials under this part by 
following the procedures in 25 CFR part 2.

    Dated: October 9, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-28010 Filed 10-23-97; 8:45 am]
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