Grant Availability to Federally-Recognized Indian Tribes for Projects Implementing Traffic Safety on Indian Reservations, 11024-11027 [05-4367]
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11024
Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
which can be issued for any category of
activities involving discharges of
dredged or fill material if the Corps
makes certain determinations (33 U.S.C.
1344(e)). Regulations concerning
processing of Corps permits are at 33
CFR part 325. Corps regulations
promulgated under the CWA define
dredged or fill material in detail at 33
CFR 323.2.
Non-Federal Actions Included in PCCP
A Natural Community Conservation
Plan (NCCP) is being incorporated into
the PCCP in coordination with the
California Department of Fish and Game
(CDFG) under the State of California’s
Natural Community Conservation
Planning Act (NCCPA). The Applicants
are expected to pursue an incidental
take authorization from CDFG in
accordance with section 2835 of the
NCCPA. The California Endangered
Species Act (CESA) prohibits the ‘‘take’’
of wildlife species listed as endangered
or threatened by the California Fish and
Game Commission (California Fish and
Game Code, section 2080). The CESA
defines the term ‘‘take’’ as: Hunt,
pursue, catch, capture or kill, or attempt
to engage in such conduct (California
Fish and Game Code, section 86).
Pursuant to section 2835 of the NCCPA
(California Fish and Game Code section
2835), CDFG may issue a permit that
authorizes the take of any CESA listed
species or other species whose
conservation and management is
provided for in a CDFG-approved NCCP.
The Applicants are also expected to
apply to CDFG for a Master Streambed
Alteration Agreement (California Fish
and Game Code, section 1600); and to
apply to the Regional Water Quality
Control Board for CWA Section 401
water quality certification in
compliance with the California PorterCologne Water Quality Control Act.
Although the EIS will analyze the
environmental impacts associated with
all of the activities in the PCCP, the
focus of our decision based on this EIS
will be effects to proposed covered
species and the issuance of the Services’
ESA permits. Pursuant to the California
Environmental Quality Act (CEQA), a
separate Notice of Preparation for the
EIR will be posted by the County and
issued through the California State
Clearinghouse concurrently with this
Notice.
Environmental Impact Statement/
Report
Jones and Stokes Associates has been
selected to prepare the EIS/EIR. The
joint document will be prepared in
compliance with NEPA and CEQA.
Although Jones and Stokes Associates
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will prepare the EIS/EIR, the Service, as
the NEPA Lead Agency, will be
responsible for the purpose, need, scope
and content of the document for NEPA
purposes, and the Corps and NOAA will
be Cooperating Agencies for NEPA. The
County, as the CEQA Lead Agency, will
be responsible for the scope and content
of the document for CEQA purposes.
Responsible Agencies for CEQA
purposes include CDFG, the permitting
entity pursuant to California Fish and
Game Codes 1600 and 2835, and
Regional Water Quality Control Board,
the permitting entity pursuant to
Section 401 of the CWA.
The EIS/EIR will consider the
proposed action, the issuance of an ESA
incidental take permit, no action (no
permit), and a reasonable range of
alternatives. A detailed description of
the proposed action and alternatives
will be included in the EIS/EIR. The
alternatives to be considered for
analysis in the EIS/EIR may include:
Variations of the geographical coverage
of the permits, variations in the amount
and type of conservation; variations of
the scope or type of covered activities or
covered species; variations in permit
duration; variations on the types of
Federal and State permits issued under
the program; no project/no action; or, a
combination of these elements.
The EIS/EIR will also identify
potentially significant impacts on
biological resources, land use, air
quality, water quality, mineral
resources, water resources, economics,
and other environmental resource issues
that could occur directly or indirectly
with implementation of the proposed
action and alternatives. For all
potentially significant impacts, the EIS/
EIR will identify mitigation measures
where feasible to reduce these impacts
to a level below significance.
The following primary issues are to be
addressed during the scoping and
planning process for the PCCP and EIS/
EIR: (1) The determination of potential
effects of each alternative on species
and natural communities covered under
the proposed HCP/NCCP; (2)
consideration of whether the level and
extent of urban development defined
under each alternative can be
adequately mitigated within the lands in
the conservation opportunity area; (3)
consideration of whether an adequate
system of reserves can be established in
the conservation area and whether such
a reserve system will support habitat of
covered species equal to or greater than
the habitat lost from urban
development; (4) determination of
whether the direct and indirect impacts
of covered urban development and other
activities will be adequately mitigated
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(issues to be addressed will include
land use, traffic, air quality, cultural
resources, water resources, and
biological resources); and (5)
consideration of cumulative impacts.
Environmental review of the PCCP
will be conducted in accordance with
the requirements of NEPA (42 U.S.C.
4321 et seq.), its implementing
regulations (40 CFR 1500–1508), other
applicable regulations, and Service and
NOAA procedures for compliance with
those regulations. We are publishing
this notice in accordance with section
1501.7 of NEPA to obtain suggestions
and information from other agencies
and the public on the scope of issues
and alternatives to be addressed in the
EIS/EIR. The primary purpose of the
scoping process is to identify important
issues raised by the public, related to
the proposed action of issuing the ESA
permit for the PCCP. Written comments
from interested parties are invited to
ensure that the full range of issues
related to the permit request is
identified. Comments will only be
accepted in written form. You may
submit written comments by mail,
facsimile transmission, or in person (see
ADDRESSES). All comments received,
including names and addresses, will
become part of the official
administrative record and may be made
available to the public.
Dated: March 1, 2005.
Ken McDermond,
Deputy Manager, California/Nevada
Operations Office, Sacramento, California.
[FR Doc. 05–4316 Filed 3–4–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Grant Availability to FederallyRecognized Indian Tribes for Projects
Implementing Traffic Safety on Indian
Reservations
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Surface Transportation and Uniform
Relocation Assistance Act of 1987, and
as authorized by the Secretary of
Transportation, the Bureau of Indian
Affairs intends to make funds available
to federally-recognized Indian tribes on
an annual basis for implementing traffic
safety projects, which are designed to
reduce the number of traffic crashes,
deaths, injuries and property damage
within Indian country. Because of the
limited funding available for this
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
project, all projects will be reviewed
and selected on a competitive basis.
This notice informs Indian tribes that
grant funds are available and that the
information packets are forthcoming.
Information packets will be distributed
to all tribal leaders on the latest tribal
leaders list that is complied by the
Bureau of Indian Affairs.
DATES: Requests for funds must be
received by May 1 of each program year.
Requests not received in the office of the
Indian Highway Safety Program by close
of business on May 1 will not be
considered. The information packets
will be distributed by the end of January
of each program year.
ADDRESSES: Each tribe must submit their
request to the Bureau of Indian Affairs,
Division of Safety and Risk
Management, Attention: Indian
Highway Safety Program Coordinator,
201 3rd Street, NW., Suite 310,
Albuquerque, NM 87102.
FOR FURTHER INFORMATION CONTACT:
Tribes should direct questions on the
grant program to Patricia Abeyta,
Coordinator, Indian Highway Safety
Program or to Charles L. Jaynes,
Program Administrator, Bureau of
Indian Affairs, 201 3rd Street, NW.,
Suite 310, Albuquerque, New Mexico
87102; Telephone: (505) 245–2104.
SUPPLEMENTARY INFORMATION:
(DSRM), located in Albuquerque, New
Mexico. The Chief, DSRM, as Program
Administrator of the Indian Highway
Safety Program, has staff members
available to provide program and
technical assistance to the Indian tribes.
The Indian Highway Safety Program
maintains contacts with the DOT with
respect to program approval, funding
and receiving technical assistance. DOT,
through the National Highway Traffic
Safety Administration (NHTSA), is
responsible for ensuring that the Indian
Highway Safety Program is carried out
in accordance with 23 CFR part 1200
and other applicable Federal statutes
and regulations.
Background
The Federal-Aid Highway Act of 1973
(Pub. L. 93–87) provides for U.S.
Department of Transportation (DOT)
funding to assist Indian tribes in
implementing Highway Safety projects.
The projects must be designed to reduce
the number of traffic crashes and their
resulting fatalities, injuries, and
property damage within Indian
reservations. All federally-recognized
Indian tribes on Indian reservations are
eligible to receive this assistance. All
tribes receiving awards of program
funds are reimbursed for eligible costs
incurred under the terms of 23 U.S.C.
402 and subsequent amendments.
Proposals are being solicited for the
following program areas:
(1) Police Traffic Services. Selective
traffic enforcement projects (STEPs) to
enforce posted speed limits, apprehend
reckless drivers and other traffic law
violations, and specialized training for
traffic law enforcement officers and
judicial system officials.
(2) Alcohol Countermeasures. STEPs
to apprehend impaired drivers,
specialized law enforcement training
(such as Standardized Field Sobriety
Testing), public information programs
on alcohol/other drug use and driving,
education programs for convicted DWI/
DUI offenders and various youth alcohol
education programs promoting traffic
safety. Proposals for projects that
enhance the development and
implementation of innovative programs
to combat impaired driving are also
solicited.
(3) Emergency Medical Services.
Traffic safety related training primarily
for rural emergency medical service
providers, public education, and injury
prevention.
(4) Occupant Protection. Surveys to
determine usage rates and to identify
high-risk non-users, comprehensive
programs to promote correct usage of
child safety seats and other occupant
Responsibilities
For purposes of application of the
Act, Indian reservations are collectively
considered a ‘‘State’’ and the Secretary
of the Interior is considered the
‘‘Governor of a State.’’ The Secretary of
the Interior delegated the authority to
administer the programs for all the
Indian Nations in the United States to
the Assistant Secretary—Indian Affairs.
The Assistant Secretary—Indian Affairs
further delegated the responsibility for
administration of the Indian Highway
Safety Program to the Central Office,
Division of Safety and Risk Management
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National Priority Program Areas
The following highway safety
program areas have been identified as
eligible for funding under 23 CFR part
1205 based on an identifiable traffic
safety problem on tribal lands:
• Alcohol Countermeasures.
• Police Traffic Services.
• Occupant Protection.
• Traffic Records.
• Emergency Medical Services.
• Safe Communities.
• Motorcycle Safety.
• Pedestrian and Bicycle Safety.
• Speed Control.
Highway Safety Program Funding
Areas
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restraints, STEPs, specialized training
(such as Operation Kids, Traffic
Occupant Protection Strategies (TOPS),
and Standardized Child Passenger
Safety Technician), and evaluations.
(5) Traffic Records. Conduct
assessments, analyze vehicular crash
occurrences and causal factors and
support joint efforts with other agencies
to improve the tribe’s traffic records
system.
(6) Motorcycle Safety. Public
education and motorcycle operator
training.
(7) Safe Communities. Problem
identification, data collection, plan
development, and program
implementation.
(8) School Bus Safety. School bus
transportation administrator support,
school bus driver education and
training.
(9) Pedestrian/Bicycle Safety. Traffic
law enforcement, public education and
community programs.
Project Guidelines
BIA will send information packets to
the Tribal Leader of each federallyrecognized Indian tribe by the end of
January of each program year. On
receiving the information packet, each
tribe, to be eligible, must prepare a
proposed project based on the following
guidelines:
(1) Program Planning. Program
planning must be based upon the
highway safety problems identified and
the goals/objectives measures selected
by the tribe.
(2) Problem Identification. Highway
traffic safety problems must be based on
tribal data. County data or other data not
specific to the tribe will not be accepted.
This data should be sufficient enough to
show problems and/or trend analysis.
This data should be available in tribal
enforcement and traffic crash records.
The problem identification process may
be aided by using professional studies,
testing, and Indian Health Service. Data
must accompany the funding request.
(3) Countermeasures Selection. Once
tribal traffic safety problems are
identified, appropriate countermeasures
to solve or reduce the problem(s) must
be identified. The tribe should consider
the overall cost of the countermeasures
versus their possible effect on the
problem.
(4) Objectives/Performance Indicator.
A list of objectives and measurable
highway safety goals, within the
National Priority Program Areas, based
on highway safety problems identified
by the tribe, must be included in each
proposal, expressed in clearly defined,
time-framed, and measurable terms.
Each goal must be accompanied by at
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
least one performance indicator that
enables the Indian Highway Safety
Program to track progress, from a
specific baseline, towards meeting the
goal (e.g., a goal to ‘‘increase safety belt
use from XX percent in 2003 to YY
percent in 2004,’’ using a performance
measure of ‘‘percent of restrained
occupants in front outboard seating
positions in passenger motor vehicles’’).
Performance measures should be
aggressive but attainable.
(5) Budget Forma. The activities to be
funded will be outlined in detail
according to the following object
groups: Personnel services; travel; and
transportation; rent/communications;
printing and reproduction, other
services, equipment and training.
Equipment purchases $5,000 or more
require prior approval from NHTSA.
Each object group must be quantified;
i.e., personnel activities should show
number to be employed, hours to be
employed, hourly rate of pay, etc. Each
object group must have sufficient detail
to show what is to be procured, unit
cost, quarter in which the procurement
is to be made, and the total cost,
including any tribal contribution to the
project. Because of limited funding, this
office will limit indirect costs to a
maximum of 15 percent.
(6) Evaluation Plan. Evaluation is the
process of determining whether a
highway safety activity should be
undertaken, if it is being properly
conducted, and if it has accomplished
its objectives. The tribe must include in
the funding request a plan explaining
how the evaluation will be
accomplished and identifying the
criteria to be used in measuring
performance.
(7) Technical Assistance. The Indian
Highway Safety Program staff will be
available to tribes for technical
assistance in developing of tribal
projects.
(8) Project Length. The traffic safety
program is designed primarily as the
source of invention and motivation,
rather than as financially supporting
continuing operations.
(9) Certification Regarding Drug-Free
Workplace Requirement. Indian tribes
receiving highway safety grants through
the Indian Highway Safety Program
must certify that they will maintain a
drug-free workplace. An individual
authorized to sign for the tribe or
reservation must sign the certification.
The Department of Transportation must
receive the certification before it will
release grant funds for that tribe or
reservation. The certification must be
submitted with the tribal Highway
Safety Project proposal.
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Submission Deadline
Each tribe must send its funding
request to the BIA Indian Highway
Safety Program office in Albuquerque,
New Mexico. The Indian Highway
Safety Program office must receive the
request by close of business May 1 of
each program year. Requests for
extensions to this deadline will not be
granted. Modifications of the funding
request received after the close of the
funding period will not be considered in
the review and selection process.
Selection Criteria
Each funding request will be reviewed
and evaluated by the BIA’s Indian
Highway Safety Program, Law
Enforcement, Department of Education,
Office of Alcohol and Substance Abuse,
and Division of Transportation staff.
Each staff member, by assigning points
to the following five criteria, will rank
each of the proposals based on the
following criteria:
Criteria 1, the strength of the problem
identification based on verifiable,
current and applicable documentation
of the traffic safety problem (40 points
maximum).
Criteria 2, the quality of the proposed
solution plan based on aggressive but
attainable performance measures, timeframed action plan, cost eligibility,
amount, if any, of in-kind funding/
support provided by the tribe, and
necessity and reasonableness of the
budget (30 points maximum).
Criteria 3, details on how the tribe
will evaluate and show progress on its
performance measures regarding the
Evaluation component (20 points
maximum).
Criteria 4, supporting documentation
of the submitting tribe’s qualifications,
commitment, and community
involvement in traffic safety (10 points
maximum).
Criteria 5, tribes are eligible for bonus
points (up to 10 extra points) if all
reporting requirements have been met in
previous years.
Uniform Administrative Requirements
for Grant-in-Aid
Uniform grant administration
procedures have been established on a
national basis for all grant-in-aid
programs by DOT/NHTSA under 49
CFR part 18, ‘‘Uniform Administrative
Requirements for Grants and
Cooperative Agreements to State and
Local Governments.’’ NHTSA and
FHWA have codified uniform
procedures for State Highway Safety
Programs in 23 CFR parts 1200, 1205
and 1251. OMB Circular A–87 and the
‘‘Highway Safety Grant Funding Policy
for NHTSA/FHWA Field-Administered
Grants’’ are the established cost
principles applicable to grants and
contracts through BIA and with tribal
governments. It is the responsibility of
BIA’s Indian Highway Safety Program
office to establish operating procedures
consistent with the applicable
provisions of these rules.
Standards for Financial Management
System
Tribal financial systems must provide:
(1) Current and complete disclosure of
project activities.
(2) Accurate and timely
recordkeeping.
(3) Accountability and control of all
grant funds and equipment.
(4) Comparison of actual expenditures
with budgeted amounts.
(5) Documentation of accounting
records.
(6) Appropriate auditing of Highway
Safety Projects, which will be included
in the Tribal A–133 single audit
requirement.
Tribes will provide monthly program
status reports and a corresponding
reimbursement claim to the
Coordinator, BIA Indian Highway Safety
Program, 201 3rd Street, NW., Suite 310,
Albuquerque, New Mexico 87102. These
will be submitted no later than 10 work
days beyond the reporting month.
Project Monitoring
Notification of Selection
The tribes selected to participate will
be notified by letter. Upon notification,
each tribe selected must provide a duly
authorized tribal resolution. The
certification and resolution must be on
file before grant funds for the tribe can
be released.
During the program year, it is the
responsibility of the BIA Indian
Highway Safety Program office to
review the implementation of tribal
traffic safety plans and programs,
monitor the progress of their activities
and expenditures, and provide technical
assistance as needed.
Notification of Non-Selection
The Program Administrator will
notify each tribe of non-selection. The
tribe will be provided the reason for
non-selection. Non-selected proposals
may be retained, with score sheets, for
90 days.
Project Evaluation
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BIA will conduct an annual
performance evaluation for each
Highway Safety Project. The evaluation
will measure the actual
accomplishments to the planned
activity. BIA will evaluate the project
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Notices
11027
on-site at the discretion of the Indian
Highway Safety Program Administrator.
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF THE INTERIOR
Dated: February 11, 2005.
David W. Anderson,
Assistant Secretary—Indian Affairs.
[FR Doc. 05–4367 Filed 3–4–05; 8:45 am]
Bureau of Indian Affairs
Minerals Management Service
Indian Gaming
Agency Information Collection
Activities: Proposed Collection,
Comment Request
BILLING CODE 4310–5H–P
Interior.
AGENCY:
Bureau of Indian Affairs,
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
SUMMARY: Notice is given that the
Amendment to the Tribal-State Compact
between the St. Regis Mohawk Tribe
and the State of New York is considered
to have been approved and is in effect.
Indian Gaming
Bureau of Indian Affairs,
Interior.
ACTION: Notice of Class III Gaming
Compact taking effect.
AGENCY:
EFFECTIVE DATE:
Notice is given that the
Tribal-State Gaming Compact between
the Seneca-Cayuga Tribe and the State
of Oklahoma is considered approved
and is in effect.
EFFECTIVE DATE: March 7, 2005.
FOR FURTHER INFORMATION CONTACT:
George T. Skibine, Director, Office of
Indian Gaming Management, Office of
the Deputy Assistant Secretary—Policy
and Economic Development,
Washington, DC 20240, (202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
Section 11 (d)(7)(D) of the Indian
Gaming Regulatory Act of 1988 (IGRA),
Pub. L. 100–497, 25 U.S.C. 2710, the
Secretary of the Interior must publish in
the Federal Register notice of any
Tribal-State compact that is approved,
or considered to have been approved for
the purpose of engaging in Class III
gaming activities on Indian lands. The
Acting Principal Deputy Assistant
Secretary—Indian Affairs, Department
of the Interior, through his delegated
authority did not approve or disapprove
this compact before the date that was 45
days after the date it was submitted.
Therefore, pursuant to 25 U.S.C.
2710(d)(7)(C), this compact is
considered approved but only to the
extent it is consistent with IGRA. This
compact authorizes the Seneca-Cayuga
Tribe to engage in certain Class III
gaming activities, provides for certain
geographical exclusivity, limits the
number of gaming machines at existing
racetracks, and prohibits non-tribal
operation of certain machines and
covered games, and takes effect on the
date the approval is published in the
Federal Register.
SUMMARY:
Dated: February 11, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. 05–4366 Filed 3–4–05; 8:45 am]
March 7, 2005.
FOR FURTHER INFORMATION CONTACT:
George T. Skibine, Director, Office of
Indian Gaming Management, Office of
the Deputy Assistant Secretary—Policy
and Economic Development,
Washington, DC 20240, (202) 219–4066.
Under
Section 11 (d)(7)(D) of the Indian
Gaming Regulatory Act of 1988 (IGRA),
Pub. L. 100–497, 25 U.S.C. 2710, the
Secretary of the Interior must publish in
the Federal Register notice of any
Tribal-State compact that is approved,
or considered to have been approved for
the purpose of engaging in Class III
gaming activities on Indian lands. The
Acting Principal Deputy Assistant
Secretary—Indian Affairs, Department
of the Interior, through his delegated
authority did not approve or disapprove
this Amendment before the date that is
45 days after the date it was submitted.
Therefore, pursuant to 25 U.S.C.
2710(d)(7)(C), this Amendment is
considered to have been approved, but
only to the extent it is consistent with
IGRA. This Amendment authorizes the
tribes to engage in certain Class III
gaming activities, provides for certain
geographical exclusivity, prohibits the
Tribe from conducting video lottery
terminals, and prohibits non-tribal
operation of slot machines. It takes
effect on the date the approval is
published in the Federal Register.
SUPPLEMENTARY INFORMATION:
Dated: February 10, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. 05–4365 Filed 3–4–05; 8:45 am]
BILLING CODE 4310–4N–P
BILLING CODE 4310–4N–P
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Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0119).
AGENCY:
Notice of Class III Gaming
Amendment taking effect.
ACTION:
Fmt 4703
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SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
The title of this information collection
request (ICR) is ‘‘30 CFR 208—Sale of
Federal Royalty Oil; Sale of Federal
Royalty Gas; and Commercial Contracts
(Forms MMS–4070, Application for the
Purchase of Royalty Oil; MMS–4071,
Letter of Credit; and MMS–4072,
Royalty-in-Kind Contract Surety
Bond).’’ We changed the title of this ICR
to clarify the regulatory language we are
covering under 30 CFR part 208 and the
Royalty-in-Kind (RIK) 5-Year Business
Plan, and to reflect OMB consolidation
approval of five RIK-related ICRs. Those
ICRs were titled:
• 1010–0042: 30 CFR part 208—Sale
of Federal Royalty Oil; Royalty-in-Kind
(RIK) Program (Form MMS–4070,
Application for the Purchase of Royalty
Oil);
• 1010–0119: 30 CFR part 208—Sale
of Federal Royalty Oil, Royalty Oil Sales
to Eligible Refiners (30 CFR 208.4(a) and
(d));
• 1010–0126: Royalty-in-Kind (RIK)
Pilot Program Directed Communications
by Operators of Federal Oil and Gas
Leases;
• 1010–0129: Royalty-in-Kind Pilot
Program—Offers, Financial Statements,
and Surety Instruments for Sales of
Royalty Oil and Gas; and
• 1010–0135: 30 CFR 208.11(a), (b),
(d), and (e)—Surety Requirements
(Forms MMS–4071 and MMS–4072).
In the five ICRs, much of the general
information was repeated and cross
referenced. This consolidated ICR 1010–
0119 eliminates that duplication of
effort and redundancy of data. It also
provides for all RIK informationcollection requirements to be reviewed
on a MMS RIK operational programwide basis.
DATES: Submit written comments on or
before May 6, 2005.
ADDRESSES: Submit written comments
to Sharron L. Gebhardt, Lead Regulatory
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Agencies
[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Pages 11024-11027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4367]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Grant Availability to Federally-Recognized Indian Tribes for
Projects Implementing Traffic Safety on Indian Reservations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Surface Transportation and Uniform
Relocation Assistance Act of 1987, and as authorized by the Secretary
of Transportation, the Bureau of Indian Affairs intends to make funds
available to federally-recognized Indian tribes on an annual basis for
implementing traffic safety projects, which are designed to reduce the
number of traffic crashes, deaths, injuries and property damage within
Indian country. Because of the limited funding available for this
[[Page 11025]]
project, all projects will be reviewed and selected on a competitive
basis. This notice informs Indian tribes that grant funds are available
and that the information packets are forthcoming. Information packets
will be distributed to all tribal leaders on the latest tribal leaders
list that is complied by the Bureau of Indian Affairs.
DATES: Requests for funds must be received by May 1 of each program
year. Requests not received in the office of the Indian Highway Safety
Program by close of business on May 1 will not be considered. The
information packets will be distributed by the end of January of each
program year.
ADDRESSES: Each tribe must submit their request to the Bureau of Indian
Affairs, Division of Safety and Risk Management, Attention: Indian
Highway Safety Program Coordinator, 201 3rd Street, NW., Suite 310,
Albuquerque, NM 87102.
FOR FURTHER INFORMATION CONTACT: Tribes should direct questions on the
grant program to Patricia Abeyta, Coordinator, Indian Highway Safety
Program or to Charles L. Jaynes, Program Administrator, Bureau of
Indian Affairs, 201 3rd Street, NW., Suite 310, Albuquerque, New Mexico
87102; Telephone: (505) 245-2104.
SUPPLEMENTARY INFORMATION:
Background
The Federal-Aid Highway Act of 1973 (Pub. L. 93-87) provides for
U.S. Department of Transportation (DOT) funding to assist Indian tribes
in implementing Highway Safety projects. The projects must be designed
to reduce the number of traffic crashes and their resulting fatalities,
injuries, and property damage within Indian reservations. All
federally-recognized Indian tribes on Indian reservations are eligible
to receive this assistance. All tribes receiving awards of program
funds are reimbursed for eligible costs incurred under the terms of 23
U.S.C. 402 and subsequent amendments.
Responsibilities
For purposes of application of the Act, Indian reservations are
collectively considered a ``State'' and the Secretary of the Interior
is considered the ``Governor of a State.'' The Secretary of the
Interior delegated the authority to administer the programs for all the
Indian Nations in the United States to the Assistant Secretary--Indian
Affairs. The Assistant Secretary--Indian Affairs further delegated the
responsibility for administration of the Indian Highway Safety Program
to the Central Office, Division of Safety and Risk Management (DSRM),
located in Albuquerque, New Mexico. The Chief, DSRM, as Program
Administrator of the Indian Highway Safety Program, has staff members
available to provide program and technical assistance to the Indian
tribes. The Indian Highway Safety Program maintains contacts with the
DOT with respect to program approval, funding and receiving technical
assistance. DOT, through the National Highway Traffic Safety
Administration (NHTSA), is responsible for ensuring that the Indian
Highway Safety Program is carried out in accordance with 23 CFR part
1200 and other applicable Federal statutes and regulations.
National Priority Program Areas
The following highway safety program areas have been identified as
eligible for funding under 23 CFR part 1205 based on an identifiable
traffic safety problem on tribal lands:
Alcohol Countermeasures.
Police Traffic Services.
Occupant Protection.
Traffic Records.
Emergency Medical Services.
Safe Communities.
Motorcycle Safety.
Pedestrian and Bicycle Safety.
Speed Control.
Highway Safety Program Funding Areas
Proposals are being solicited for the following program areas:
(1) Police Traffic Services. Selective traffic enforcement projects
(STEPs) to enforce posted speed limits, apprehend reckless drivers and
other traffic law violations, and specialized training for traffic law
enforcement officers and judicial system officials.
(2) Alcohol Countermeasures. STEPs to apprehend impaired drivers,
specialized law enforcement training (such as Standardized Field
Sobriety Testing), public information programs on alcohol/other drug
use and driving, education programs for convicted DWI/DUI offenders and
various youth alcohol education programs promoting traffic safety.
Proposals for projects that enhance the development and implementation
of innovative programs to combat impaired driving are also solicited.
(3) Emergency Medical Services. Traffic safety related training
primarily for rural emergency medical service providers, public
education, and injury prevention.
(4) Occupant Protection. Surveys to determine usage rates and to
identify high-risk non-users, comprehensive programs to promote correct
usage of child safety seats and other occupant restraints, STEPs,
specialized training (such as Operation Kids, Traffic Occupant
Protection Strategies (TOPS), and Standardized Child Passenger Safety
Technician), and evaluations.
(5) Traffic Records. Conduct assessments, analyze vehicular crash
occurrences and causal factors and support joint efforts with other
agencies to improve the tribe's traffic records system.
(6) Motorcycle Safety. Public education and motorcycle operator
training.
(7) Safe Communities. Problem identification, data collection, plan
development, and program implementation.
(8) School Bus Safety. School bus transportation administrator
support, school bus driver education and training.
(9) Pedestrian/Bicycle Safety. Traffic law enforcement, public
education and community programs.
Project Guidelines
BIA will send information packets to the Tribal Leader of each
federally-recognized Indian tribe by the end of January of each program
year. On receiving the information packet, each tribe, to be eligible,
must prepare a proposed project based on the following guidelines:
(1) Program Planning. Program planning must be based upon the
highway safety problems identified and the goals/objectives measures
selected by the tribe.
(2) Problem Identification. Highway traffic safety problems must be
based on tribal data. County data or other data not specific to the
tribe will not be accepted. This data should be sufficient enough to
show problems and/or trend analysis. This data should be available in
tribal enforcement and traffic crash records. The problem
identification process may be aided by using professional studies,
testing, and Indian Health Service. Data must accompany the funding
request.
(3) Countermeasures Selection. Once tribal traffic safety problems
are identified, appropriate countermeasures to solve or reduce the
problem(s) must be identified. The tribe should consider the overall
cost of the countermeasures versus their possible effect on the
problem.
(4) Objectives/Performance Indicator. A list of objectives and
measurable highway safety goals, within the National Priority Program
Areas, based on highway safety problems identified by the tribe, must
be included in each proposal, expressed in clearly defined, time-
framed, and measurable terms. Each goal must be accompanied by at
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least one performance indicator that enables the Indian Highway Safety
Program to track progress, from a specific baseline, towards meeting
the goal (e.g., a goal to ``increase safety belt use from XX percent in
2003 to YY percent in 2004,'' using a performance measure of ``percent
of restrained occupants in front outboard seating positions in
passenger motor vehicles''). Performance measures should be aggressive
but attainable.
(5) Budget Forma. The activities to be funded will be outlined in
detail according to the following object groups: Personnel services;
travel; and transportation; rent/communications; printing and
reproduction, other services, equipment and training. Equipment
purchases $5,000 or more require prior approval from NHTSA. Each object
group must be quantified; i.e., personnel activities should show number
to be employed, hours to be employed, hourly rate of pay, etc. Each
object group must have sufficient detail to show what is to be
procured, unit cost, quarter in which the procurement is to be made,
and the total cost, including any tribal contribution to the project.
Because of limited funding, this office will limit indirect costs to a
maximum of 15 percent.
(6) Evaluation Plan. Evaluation is the process of determining
whether a highway safety activity should be undertaken, if it is being
properly conducted, and if it has accomplished its objectives. The
tribe must include in the funding request a plan explaining how the
evaluation will be accomplished and identifying the criteria to be used
in measuring performance.
(7) Technical Assistance. The Indian Highway Safety Program staff
will be available to tribes for technical assistance in developing of
tribal projects.
(8) Project Length. The traffic safety program is designed
primarily as the source of invention and motivation, rather than as
financially supporting continuing operations.
(9) Certification Regarding Drug-Free Workplace Requirement. Indian
tribes receiving highway safety grants through the Indian Highway
Safety Program must certify that they will maintain a drug-free
workplace. An individual authorized to sign for the tribe or
reservation must sign the certification. The Department of
Transportation must receive the certification before it will release
grant funds for that tribe or reservation. The certification must be
submitted with the tribal Highway Safety Project proposal.
Submission Deadline
Each tribe must send its funding request to the BIA Indian Highway
Safety Program office in Albuquerque, New Mexico. The Indian Highway
Safety Program office must receive the request by close of business May
1 of each program year. Requests for extensions to this deadline will
not be granted. Modifications of the funding request received after the
close of the funding period will not be considered in the review and
selection process.
Selection Criteria
Each funding request will be reviewed and evaluated by the BIA's
Indian Highway Safety Program, Law Enforcement, Department of
Education, Office of Alcohol and Substance Abuse, and Division of
Transportation staff. Each staff member, by assigning points to the
following five criteria, will rank each of the proposals based on the
following criteria:
Criteria 1, the strength of the problem identification based on
verifiable, current and applicable documentation of the traffic safety
problem (40 points maximum).
Criteria 2, the quality of the proposed solution plan based on
aggressive but attainable performance measures, time-framed action
plan, cost eligibility, amount, if any, of in-kind funding/support
provided by the tribe, and necessity and reasonableness of the budget
(30 points maximum).
Criteria 3, details on how the tribe will evaluate and show
progress on its performance measures regarding the Evaluation component
(20 points maximum).
Criteria 4, supporting documentation of the submitting tribe's
qualifications, commitment, and community involvement in traffic safety
(10 points maximum).
Criteria 5, tribes are eligible for bonus points (up to 10 extra
points) if all reporting requirements have been met in previous years.
Notification of Selection
The tribes selected to participate will be notified by letter. Upon
notification, each tribe selected must provide a duly authorized tribal
resolution. The certification and resolution must be on file before
grant funds for the tribe can be released.
Notification of Non-Selection
The Program Administrator will notify each tribe of non-selection.
The tribe will be provided the reason for non-selection. Non-selected
proposals may be retained, with score sheets, for 90 days.
Uniform Administrative Requirements for Grant-in-Aid
Uniform grant administration procedures have been established on a
national basis for all grant-in-aid programs by DOT/NHTSA under 49 CFR
part 18, ``Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.'' NHTSA and FHWA
have codified uniform procedures for State Highway Safety Programs in
23 CFR parts 1200, 1205 and 1251. OMB Circular A-87 and the ``Highway
Safety Grant Funding Policy for NHTSA/FHWA Field-Administered Grants''
are the established cost principles applicable to grants and contracts
through BIA and with tribal governments. It is the responsibility of
BIA's Indian Highway Safety Program office to establish operating
procedures consistent with the applicable provisions of these rules.
Standards for Financial Management System
Tribal financial systems must provide:
(1) Current and complete disclosure of project activities.
(2) Accurate and timely recordkeeping.
(3) Accountability and control of all grant funds and equipment.
(4) Comparison of actual expenditures with budgeted amounts.
(5) Documentation of accounting records.
(6) Appropriate auditing of Highway Safety Projects, which will be
included in the Tribal A-133 single audit requirement.
Tribes will provide monthly program status reports and a
corresponding reimbursement claim to the Coordinator, BIA Indian
Highway Safety Program, 201 3rd Street, NW., Suite 310, Albuquerque,
New Mexico 87102. These will be submitted no later than 10 work days
beyond the reporting month.
Project Monitoring
During the program year, it is the responsibility of the BIA Indian
Highway Safety Program office to review the implementation of tribal
traffic safety plans and programs, monitor the progress of their
activities and expenditures, and provide technical assistance as
needed.
Project Evaluation
BIA will conduct an annual performance evaluation for each Highway
Safety Project. The evaluation will measure the actual accomplishments
to the planned activity. BIA will evaluate the project
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on-site at the discretion of the Indian Highway Safety Program
Administrator.
Dated: February 11, 2005.
David W. Anderson,
Assistant Secretary--Indian Affairs.
[FR Doc. 05-4367 Filed 3-4-05; 8:45 am]
BILLING CODE 4310-5H-P