Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations 35633

aid project shall be in response to a

written request from the State highway

agency (SHA). Authorization can be

given only after applicable prerequisite

requirements of Federal laws and

implementing regulations and directives

have been satisfied.

(b) Federal funds shall not participate

in costs incurred prior to the date of

authorization to proceed except as

provided by 23 CFR 1.9(b).

(c) Authorization of a Federal-aid

project shall be deemed a contractual

obligation of the Federal government

under 23 U.S.C. 106 and shall require

that appropriate funds be available at

the time of authorization for the total

agreed Federal share, either pro rata or

lump sum, of the cost of eligible work

to be incurred by the State, except as

follows:

(1) Advance construction projects

authorized under 23 U.S.C. 115.

(2) Projects for preliminary studies for

the portion of the preliminary

engineering and right-of-way (ROW)

phase(s) through the selection of a

location.

(3) Projects for ROW acquisition in

hardship and protective buying

situations through the selection of a

particular location. This includes ROW

acquisitions within a potential highway

corridor under consideration where

necessary to preserve the corridor for

future highway purposes. Authorization

of work under this paragraph shall be in

accordance with the provisions of 23

CFR part 712.

(4) In special cases where the Federal

Highway Administrator determines it to

be in the best interest of the Federal-aid

highway program.

(d) The authorization to proceed with

a project under 23 CFR 630.106(c)(1)

through (c)(4) shall contain the

following statement: ‘‘Authorization to

proceed shall not constitute any

commitment of Federal funds, nor shall

it be construed as creating in any

manner any obligation on the part of the

Federal government to provide Federal

funds for that portion of the undertaking

not fully funded herein.’’

(e) When a project has received an

authorization under 23 CFR

630.106(c)(2) and (c)(3), subsequent

authorizations beyond the location stage

shall not be given until appropriate

available funds have been obligated to

cover eligible costs of the work covered

by the previous authorization.

(f)(1) The Federal-aid share of eligible

project costs shall be established at the

time of project authorization in one of

the following manners:

(i) Pro rata, with the authorization

stating the Federal share as a specified

percentage, or

(ii) Lump sum, with the authorization

stating that Federal funds are limited to

a specified dollar amount not to exceed

the legal pro rata.

(2) The pro-rata or lump sum share

may be adjusted before or shortly after

contract award to reflect any substantive

change in the bids received as compared

to the SHA’s estimated cost of the

project at the time of FHWA

authorization, provided that Federal

funds are available.

(3) Federal participation is limited to

the agreed Federal share of eligible costs

incurred by the State, not to exceed the

maximum permitted by enabling

legislation.

(g) The State may contribute more

than the normal non-Federal share of

title 23, U.S.C., projects. In general,

financing proposals that result in only

minimal amounts of Federal funds in

projects should be avoided unless they

are based on sound project management

decisions.

[FR Doc. 96–17232 Filed 7–5–96; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 901

[Docket No. FR–3447–F–02]

RIN 2577–AA89

Office of the Assistant Secretary for

Public and Indian Housing; Public

Housing Management Assessment

Program—Conforming Change

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Final rule.

SUMMARY: This rule removes the

adjustment for the heating degree day

(HDD) factor from Indicator #4, Energy

Consumption, of the Public Housing

Management Assessment Program

(PHMAP) at 24 CFR part 901. The effect

of removing this adjustment is to

conform the indicator to current HUD

practice, which no longer makes use of

the HDD factor.

EFFECTIVE DATE: August 7, 1996.

FOR FURTHER INFORMATION CONTACT:

MaryAnn Russ, Deputy Assistant

Secretary for Public and Assisted

Housing Operations, Office of Public

and Indian Housing, Department of

Housing and Urban Development, 451

Seventh Street, SW., Washington, D.C.

20410, telephone (202) 708–1380. A

telecommunications device for hearing

or speech impaired persons (TTY) is

available at (202) 708–0850. (These are

not toll-free telephone numbers.)

SUPPLEMENTARY INFORMATION: On

October 13, 1994 (59 FR 51852), a final

rule was published in the Federal

Register that eliminated the application

of the HDD factor for utility

consumption. That rule will first affect

PHAs with fiscal year ending December

31, 1995. The PHMAP scores for these

PHAs are computed as of June 30, 1996.

This rule makes a conforming change to

eliminate the HDD factor as an

adjustment in Indicator #4, Energy

Consumption.

The Department has published a

proposed rule (61 FR 20358, May 6,

1996) that would revise all of the

PHMAP, including the current Indicator

#4. However, because a comprehensive

PHMAP final rule will not be published

in time to correct Indicator #4 for the

June 1996 PHMAP computation, HUD is

issuing this final rule to remove the

HDD factor. This action will avoid

confusion and permit the timely

computation of PHMAP scores.

Other Matters

Justification for Final Rulemaking

In general, the Department publishes

a rule for public comment before issuing

a rule for effect, in accordance with its

own regulations on rulemaking, 24 CFR

part 10. However, part 10 does provide

for exceptions from that general rule

where the agency finds good cause to

omit advance notice and public

participation. The good cause

requirement is satisfied when prior

public procedure is ‘‘impracticable,

unnecessary, or contrary to the public

interest.’’ (24 CFR 10.1) The Department

finds that good cause exists to publish

this rule for effect without first

soliciting public comment, in that prior

public procedure is unnecessary. This

rule eliminates an adjustment factor that

can no longer be used because of other

regulatory changes.

Environmental Impact

A Finding of No Significant Impact

(FONSI) with respect to the

environment has been made in

accordance with HUD regulations at 24

CFR part 50, which implement section

102(2)(C) of the National Environmental

Policy Act of 1969. The FONSI made in

the development of the proposed rule

published on May 6, 1996 (61 FR 20358)

remains applicable to this final rule and

is available for public inspection

between 7:30 a.m. and 5:30 p.m.

weekdays in the Office of the Rules

Docket Clerk at the above address.
35634 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this rule before

publication and by approving it certifies

that this rule does not have a significant

economic impact on a substantial

number of small entities. The rule

eliminates a single adjustment factor for

PHAs that has been rendered

inapplicable because of other regulatory

changes and HUD does not anticipate a

significant economic impact on a

substantial number of small entities

resulting from this elimination.

Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this rule will not have substantial

direct effects on States or their political

subdivisions, or the relationship

between the Federal government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. The rule

eliminates a single adjustment factor

that has become obsolete. The rule does

not create any new significant

requirements of its own. As a result, the

rule is not subject to review under the

Order.

Family Impact

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this rule does not have

potential for significant impact on

family formation, maintenance, and

general well-being, and, thus, is not

subject to review under the Order. The

rule only involves the removal of a

single, obsolete adjustment factor for

management assessment of PHAs.

List of Subjects in 24 CFR Part 901

Administrative practice and

procedure, Public housing, Reporting

and recordkeeping requirements.

Accordingly, part 901 of title 24 of the

Code of Federal Regulations is amended

as follows:

PART 901—PUBLIC HOUSING

MANAGEMENT ASSESSMENT

PROGRAM

1. The authority citation for part 901

continues to read as follows:

Authority: 42 U.S.C. 1437d(j) and 3535(d).

2. In § 901.10, paragraph (b)(4) is

revised to read as follows:

§ 901.10 Indicators.

* * * * *

(b) * * *

(4) Energy Consumption. The annual

energy consumption. This indicator has

a weight of x1.

(i) Grade A: Annual energy

consumption, as compared to the

average of the three years’ rolling base

consumption, has not increased.

(ii) Grade B: Annual energy

consumption, as compared to the

average of the three years’ rolling base

consumption, has not increased by more

than 3%.

(iii) Grade C: Annual energy

consumption, as compared to the

average of the three years’ rolling base

consumption, has increased by greater

than 3% and less than or equal to 5%.

(iv) Grade D: Annual energy

consumption, as compared to the

average of the three years’ rolling base

consumption, has increased by greater

than 5% and less than or equal to 7%.

(v) Grade E: Annual energy

consumption, as compared to the

average of the three years’ rolling base

consumption, has increased by greater

than 7% and less than or equal to 9%.

(vi) Grade F: Annual energy

consumption, as compared to the

average of the three years’ rolling base

consumption, has increased by more

than 9%.

* * * * *

Dated: June 27, 1996.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 96–17257 Filed 7–5–96; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Parts 211 and 212

RIN 1076–AA82

Leasing of Tribal Lands for Mineral

Development and Leasing of Allotted

Lands for Mineral Development

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) of the Department of the Interior

(Department) is promulgating

regulations revising and updating

regulations in 25 CFR Parts 211 and 212

that govern mineral leasing on tribal and

allotted Indian lands respectively. The

intent of these regulations is to ensure

that Indian mineral owners, both tribes

and individual owners, desiring to have

their resources developed are assured

that they will be developed in a manner

that maximizes their best economic

interests and minimizes any adverse

environmental or cultural impact

resulting from such development.

Further, these regulations recognize

Federal government reorganization,

enacted legislation, and prevailing

administrative practice in the 58 years

since these regulations were first

promulgated.

EFFECTIVE DATE: August 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Richard N. Wilson (303) 231–5070 or

Pete C. Aguilar (303) 231–5070.

SUPPLEMENTARY INFORMATION: These

final rules are published in the exercise

of the authority delegated by the

Secretary of the Interior (Secretary) to

the Assistant Secretary for Indian

Affairs by 209 DM 8. The principal

authors of these rules are Richard N.

Wilson and Pete C. Aguilar, both in the

Division of Energy and Mineral

Resources, Golden, Colorado.

This final rulemaking revises and

updates the mineral leasing of triballyowned minerals governed by the Act of

May 11, 1938 (25 U.S.C. 396a), and the

mineral leasing of allotted lands

governed by the Act of March 3, 1909,

as amended, (25 U.S.C. 396). The 1938

Act permits Indian tribes to elect

whether they wish to offer their mineral

resources for lease by competitive

bidding, or enter into negotiations with

prospective lessees if bids are not

satisfactory. The Act of 1909 permits

individual Indian mineral owners to

offer their mineral resources for lease by

competitive bidding under the aegis of

the Secretary.

This is the first comprehensive

revision of general BIA regulations

governing mineral leasing of Indian

lands since 1938. In the intervening

period Congress has enacted many laws

applicable to Indian mineral leases,

including the National Environmental

Policy Act of 1969 and the Federal Oil

and Gas Royalty Management Act of

1982. There have also been major

changes in Federal Indian policy, as

reflected in the Indian SelfDetermination Act of 1975 and recent

amendments thereto. This revision is

the product of many years of

consultation with Indian tribal leaders.

It is intended to update, streamline and

clarify the procedures for Indian

mineral leasing and administration,

consistent with the Federal

government’s role as trustee for these

mineral resources and with the modern

Federal policy of self-determination.

Indeed, they largely reflect current BIA

practice and procedure, and are

intended in part to eliminate the

confusion often fostered by the existing,