Indian Highway Safety Program Competitive Grant Selection Criteria

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: Proposed 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

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. The proposed rule presents the selection criteria.

DATES: Comments must be postmarked by July 15, 1997.

ADDRESSES: Comments should be sent to Program Administrator, Indian

Highway Safety Program, 505 Marquette Avenue, NW, Suite 1705,

Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Jaynes, Chief, BIA

Division of Safety Management, (505) 248-5060.

SUPPLEMENTARY INFORMATION: This proposed rule sets forth the procedures

that will govern the BIA's selection of recipients of the Indian

Highway Safety Program grant. The BIA mails grant applications for a

given fiscal year to all tribal leaders by the end of February of the

preceding fiscal year. Applicants must submit completed applications by

the close of business on June 1. The BIA will review and evaluate each

complete and timely filed application. BIA seeks to fund as many

programs as possible and to the level practicable within the confines

of a limited program budget. The scarce amount of resources often

forces the BIA to limit funding to select portions of a proposed tribal

project.

We are publishing this proposed rule by the authority delegated by

the Secretary of the Interior to the Assistant Secretary--Indian

Affairs by 209 DM 8.

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Our policy is to give the public an opportunity to participate in

the rulemaking process. Interested persons may submit written comments

to the location identified in the ADDRESSES section of the preamble. We

will consider all comments timely filed during the public comment

period, make any necessary revisions and issue the final rule.

We certified to the Office of Management and Budget (OMB) that this

proposed rule meets the applicable standards provided in sections 3(a)

and 3(b)(2) of Executive Order 12988. This proposed rule is not a

significant rule under Executive Order 12866 and does not require

approval by the OMB. This proposed 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 proposed 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 Act of 1996

This proposed rule imposes no unfunded mandates on any governmental

or private entity and is in compliance with the provisions of the

Unfunded Mandates 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. See OMB Control

Number 2127-0003. No additional OMB authorization is needed.

The primary author of this document is Lawrence Archambeau, Bureau

of Indian Affairs.

List of Subjects in 25 CFR Part 181

Indians, Highways and roads, Highway safety.

For the reasons set forth in the preamble, Part 181 is proposed to

be added to 25 CFR subchapter H as follows:

PART 181--INDIAN HIGHWAY SAFETY PROGRAM

Sec.

181.01 Purpose.

181.02 Definitions.

181.03 Am I eligible to receive a program grant?

181.04 How do I obtain an application?

181.05 How are applications ranked?

181.06 How are applicants informed of the results?

181.07 Appeals.

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

Sec. 181.01 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. 181.02 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. 181.03 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. 181.04 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. 181.05 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:

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(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. 181.06 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. 181.07 Appeals.

You may appeal actions taken by BIA officials under this part by

following the procedures in 25 CFR part 2.

Dated: May 6, 1997.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 97-12935 Filed 5-15-97; 8:45 am]

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