Grant Availability to Federally Recognized Indian Tribes for Projects Implementing Traffic Safety on Indian Reservations

Ada E. Deer
Department of the Interior
March 22, 1994

[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-6689]


[[Page Unknown]]

[Federal Register: March 22, 1994]


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Part IX





Department of the Interior





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Bureau of Indian Affairs



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Grant Availability: Projects Implementing Traffic Safety on Indian 
Reservations; Notice
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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.

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SUMMARY: The Bureau of Indian Affairs intends to make funds available 
to Federally-Recognized Indian Tribes on an annual basis for the 
purpose of implementing traffic safety projects which are designed to 
reduce the number of traffic accidents and their resulting fatalities, 
injuries, and property damage within Indian reservations. Due to the 
limited funding available for this program, all projects will be 
reviewed and selected on a competitive basis. This notice is intended 
to inform Indian tribes on the availability of funds and the process in 
which the projects are selected.

DATES: Requests for funds must be received by June 1 of each program 
year. Information packets will be distributed on February 24, 1994.

ADDRESSES: Each tribe must submit its request to the Bureau of Indian 
Affairs, Division of Safety Management, Attention: Indian Highway 
Safety Program Coordinator. Information packets will be distributed on 
February 24, 1994, to all tribal leaders at the addresses shown on the 
latest Tribal Leaders List which is compiled by the Bureau of Indian 
Affairs, Tribal Government Services, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tribes should direct questions 
concerning the grant program to Norma D. Long, the Bureau's Indian 
Highway Safety Program Coordinator or to Charles L. Jaynes, Program 
Administrator, Bureau of Indian Affairs, P.O. Box 2006, Albuquerque, 
New Mexico 87103; Telephone: (505) 766-2181.

SUPPLEMENTARY INFORMATION:

Background

    The Federal-Aid Highway Act of 1973 (Pub. L. 93-87) provides for 
U.S. Department of Transportation funding to assist Indian tribes in 
implementing highway safety projects. These projects are 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 which avail themselves of this 
assistance are reimbursed for cost 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, U.S. Department 
of the Interior (DOI), is considered the ``Governor of a State''. The 
Secretary, DOI, delegated the authority to administer the programs 
throughout all the Indian reservations in the United States to the 
Assistant Secretary--Indian Affairs. The Assistant Secretary--Indian 
Affairs further delegated the responsibility for primary administration 
of the Indian Highway Safety Program to the Central Office Division of 
Safety Management (DSM), located in Albuquerque, New Mexico. The Chief, 
DSM, as Program Administrator of the Indian Highway Safety Program, has 
two full-time staff members to assist in program matters and provide 
technical assistance to the Indian tribes. It is at this level that 
contacts with the United States (U.S.) Department of Transportation are 
made with respect to program approval, funding of projects and 
technical assistance. The U.S. Department of Transportation, through 
the National Highway Traffic Safety Administration (NHTSA) and the 
Federal Highway Administration (FHWA), is responsible for assuring that 
the Indian Highway Safety Program is carried out in accordance with 23 
U.S.C 402 and other applicable Federal regulations.
    The National Highway Traffic Safety Administration is responsible 
for the apportionment of funds to the Secretary of the Interior, review 
and approval of the Indian Highway Safety Plan involving NHTSA highway 
safety program areas and technical guidance and assistance to BIA.
    The Federal Highway Administration is responsible for review and 
approval of the Indian Highway Safety Plan involving FHWA highway 
safety program areas and technical guidance and assistance to BIA.

Program Areas

    The Surface Transportation and Uniform Relocation Assistance Act of 
1987, 23 U.S.C. 402(j), required the Department of Transportation to 
conduct a rulemaking process to determine those programs most effective 
in reducing traffic crashes, injuries and fatalities. Those program 
areas were determined to be national priority program areas, and 
include NHTSA Program areas: (1) Alcohol and Other Drug 
Countermeasures; (2) Police Traffic Services; (3) Occupant Protection; 
(4) Traffic Records, and; (5) Emergency Medical Services. FHWA Program 
Area: Roadway Safety. NHTSA and FHWA Program Areas: Pedestrian and 
Bicycle Safety.

Funding Criteria

    The Bureau of Indian Affairs will reimburse for eligible costs 
associated with the following:
    (1) Alcohol and Other Drug Countermeasures--Salary (DWI enforcement 
officer); enforcement/education; NHTSA approved Training; Approved 
breath-testing equipment (must be included on most recent Conforming 
Product List); community/school alcohol traffic safety education; DWI 
offender education; prosecution; adjudication; and vehicle expenses.
    (2) Police Traffic Services--Salary (traffic enforcement/
education); traffic law enforcement/radar training; speed enforcement 
equipment (must be listed on Consumer Products List); community/school 
education; and vehicle expenses.
    (3) Occupant Protection--(1) Child Passenger Safety--child car seat 
loaner program; car seat transportation/storage, and; public 
information/education. (B) Community Seat Belt Program--Salary; 
education/promotional materials; office expenses, and; NHTSA-approved 
Occupant Protection Usage and Enforcement (OPUE) Training.
    (4) Traffic Records--Salary; computerized equipment.
    (5) Emergency Medical Services--Training; public information 
education.
    (6) Roadway Safety--Traffic signs (warning, regulatory, work zone); 
hardware and sign posts.
    (7) Community Traffic Safety Projects (CTSP)--project management; 
Public Information and Education Training; law enforcement; 
prosecution; adjudication; data management.

Project Guidelines

    Information packets will be forwarded to the tribes in the month of 
February of each program year. Upon receipt of the information packet, 
each tribe should prepare a proposed project based upon the following 
guidelines:

A. Program Planning

    Program planning shall be based upon the highway safety problems 
identified and countermeasures selected by the tribe for the purpose of 
reducing traffic crash factors.

B. Problem Identification

    Highway traffic safety problems shall be identified from the best 
data available. These data may be found in tribal enforcement records 
on traffic crashes. Other sources of data include ambulance records, 
court and police arrest records. The problem identification process may 
be aided by using professional opinions of personnel in law 
enforcement, Indian Health Service, driver education, road engineers, 
etc. These data should accompany the funding request. Impact problems 
should be indicated during the identification process. An impact 
problem is a highway safety problem that contributes to car crashes, 
fatalities and/or injuries, and one which may be corrected by the 
application of countermeasures. Impact problems can be identified from 
analysis of statewide and/or tribal traffic records. The analyses 
should consider, as a minimum: pedestrian, motorcycle, pedalcycle, 
passenger car, school bus, and truck accidents; records on problem 
drivers, roadside and roadway hazards, alcohol involvement, youth 
involvement, defective vehicle involvement, suspended or revoked driver 
involvement, speed involvement and child safety seat usage. Data should 
accompany the funding request.

C. Countermeasures Selection

    When tribal highway traffic safety problems are identified, 
appropriate countermeasures shall be developed by the tribe to solve or 
reduce the problems. The development of these countermeasures should 
take into account the overall cost of the countermeasures versus its 
possible effects on the problem.

D. Objectives/Performance Indicators

    After countermeasure selection, the objective(s) of the project 
must be expressed in clearly defined, time-framed and measurable terms.

E. Budget Format

    The activities to be funded shall be outlined according to the 
following object groups: personnel services, travel and transportation, 
rent/communications, printing & reproduction, other services, 
equipment, and training. Each object group shall be quantified, i.e., 
personnel activities should show number to be employed, hours to be 
employed, hourly rate of pay, etc. Each object group shall 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. Due to limited funding, this office 
will limit indirect costs to a maximum of 15%.

F. 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. A plan explaining how the 
evaluation will be accomplished and identifying the criteria to be used 
in measuring performance shall be included in the funding request.

G. Technical Assistance

    The Indian Highway Safety Program staff will be available to tribes 
for technical assistance in the development of tribal projects.

H. Section 402 Project Length

    Section 402 funds shall not be used to fund the same project at one 
location or jurisdiction for more than three years.

I. 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. The certification must be signed by an individual authorized 
to sign for the tribe or reservation. The certification must be 
received by the U.S. Department of Transportation prior to the release 
of grant funds for that tribe or reservation. The certification must be 
submitted with the tribal highway safety project proposal.

Submission Deadline

    Each tribe must submit its funding request to the BIA Indian 
Highway Safety Program, Albuquerque, NM. The request must be received 
by the Indian Highway Safety Program by June 1 of each program year. 
Requests for extension 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 
processes.

Selection Criteria

    Each project funding request will be reviewed and evaluated by the 
Indian Highway Safety Program staff and ranked by assigning points to 
four areas of consideration. Those areas of consideration and their 
respective point values are listed below:

Magnitude of Problem--50 Points

1. Does a highway safety problem exist?
2. Is the problem significant?
3. Does the project contribute to the solution of the problem 
identified?
4. Number of traffic crashes last three years? Alcohol related?
5. Number of reported fatalities last three years? Alcohol related? 
Speed related?
6. Safety Belt/Child Safety Seat Usage data.
7. Law Enforcement data--violations/tickets issued.
8. Conviction data.
9. Tribal Safety Belt/Child Safety Seat Ordinance implemented.

Countermeasures Selection--40 Points

1. Are the countermeasures selected the most effective?
2. Are they cost effective?
3. Have objectives been stated in realistic performance terms and are 
they attainable?
4. Are the objectives time-framed and are the time-frames realistic and 
attainable?

Tribal Leadership and Community Support--10 Points

1. Are tribal resources used in this project? Tribal Resolution?
2. Does the project have community support? Support letters?
3. Does the tribe have an ordinance or law which supports the project?

Past Performance. + or -10 Points

1. Reporting (Financial & Programmatic).
2. Accomplishments.

Notification of Selection

    The tribes selected to participate will be notified by letter. Each 
tribe selected must have a Certification Regarding Drug-Free Workplace 
Requirements, and a duly authorized Tribal resolution included in their 
proposal. The certification and resolution must be on file prior to the 
release of grant funds for the tribe or reservation.

Notification of Non-Selection

    The Program Administrator will notify each tribe of non-selection. 
The tribe will be provided the reason for non-selection.

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''. Uniform 
procedures for State Highway Safety Programs have been codified by 
NHTSA and FHWA in 23 CFR Parts 1200, 1204, and 1205. Cost principles 
applicable to grants and contracts with State and local government have 
been established by OMB Circular A-87 and NHTSA Order 462-13A. It is 
the responsibility of the Indian Highway Safety Program to establish 
operating procedures consistent with the applicable provisions of rules 
and regulations.

Standards for Financial Management System

    Tribal financial management systems must provide for:

1. Accurate, current, and complete disclosure of financial results of 
the highway safety project.
2. Adequate recordkeeping.
3. Control over and accountability for all funds and assets.
4. Comparison of actual with budgeted amounts.
5. Documentation of accounting records.
6. Appropriate auditing. Highway safety projects will be included in 
the tribal A-128 Single Audit requirement.

    Tribes will provide a quarterly financial and a program status 
report to the Bureau's Indian Highways Safety Program Coordinator, P.O. 
Box 2006, Albuquerque, NM 87103. These reports will be submitted no 
later than seven (7) days beyond the reporting month.

Project Monitoring

    During the program year, it is the responsibility of the BIA Indian 
Highway Safety Program to maintain a degree of project oversight, 
provide technical assistance as needed to assist the project in 
fulfilling its objectives, and assure that grant provisions are 
complied with.

Project Evaluation

    A performance evaluation will be conducted for each highway safety 
project by the Bureau of Indian Affairs. The evaluation will measure 
the actual accomplishments to the planned activity. On-site project 
evaluation/monitoring will be made at the discretion of the Indian 
Highway Safety Program Administrator.

    Dated: March 14, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-6689 Filed 3-21-94; 8:45 am]
BILLING CODE 4310-02-P