Tribal Transportation Program; Inventory of Proposed Roads |
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John Tahsuda
Department of the Interior
26 July 2019
[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Proposed Rules]
[Pages 36040-36043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15928]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 170
[190D0102 DRDS5A300000DR.5A311.IA000118]
RIN 1076-AF45
Tribal Transportation Program; Inventory of Proposed Roads
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing a change to a
provision in the Tribal Transportation Program regulations affecting
proposed roads that are currently in the National Tribal Transportation
Facility Inventory (NTTFI). Specifically, this proposed rule would
delete the requirement for Tribes to collect and submit certain data in
order to keep those proposed roads in the NTTFI. The requirement to
collect and submit data to add new proposed roads to the NTTFI would
remain in place.
DATES: Comments are due by September 24, 2019.
ADDRESSES: You may send comments, identified by number 1076-AF45, by
any of the following methods:
--Federal rulemaking portal: http://www.regulations.gov. Follow the
instructions for sending comments.
--Email: comments@bia.gov. Include the number 1076-AF45 in the subject
line of the message.
--Mail or hand-delivery: Elizabeth Appel, Office of Regulatory Affairs
&
[[Page 36041]]
Collaborative Action, U.S. Department of the Interior, 1849 C Street
NW, MIB-4660-MS, Washington, DC 20240. Include the number 1076-AF45 in
the subject line of the message.
Instructions: All submissions received must include ``Bureau of
Indian Affairs'' and ``1076-AF45.'' All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. We cannot ensure
that comments received after the close of the comment period (see
DATES) will be included in the docket for this rulemaking and
considered.
Comments on the information collections contained in this proposed
regulation (see ``Paperwork Reduction Act'' section, below) are
separate from those on the substance of the rule. Send comments on the
information collection burden to OMB by facsimile to (202) 395-5806 or
email to the OMB Desk Officer for the Department of the Interior at
OIRA_DOCKET@omb.eop.gov. Please send a copy of your comments to the
person listed in the FOR FURTHER INFORMATION CONTACT section of this
notice.
FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Division of
Transportation, Office of Indian Services, Bureau of Indian Affairs,
(202) 513-7711, leroy.gishi@bia.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of Rule
II. Tribal Consultation
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
L. Clarity of This Regulation
M. Public Availability of Comments
I. Summary of Rule
Regulations governing the Tribal Transportation Program were
published in 2016. See 81 FR 78456 (November 7, 2016). The regulations
became effective on December 7, 2016, except for Sec. 170.443, which
required Tribes' compliance one year later: On November 7, 2017.
Section 170.443 required Tribes to collect data for proposed roads to
be added to, or remain in, the NTTFI. BIA then further delayed the
November 7, 2017, deadline for compliance with Sec. 170.443 to
November 7, 2019. See 82 FR 50312 (October 31, 2017), 83 FR 8609
(February 28, 2018). The purpose of the delay was to provide BIA with
time to reexamine whether revision or deletion of the data collection
requirements in Sec. 170.443 would be appropriate. Since that time,
BIA staff have engaged in outreach at several regional and national
meetings with affected Tribes. BIA is now proposing to apply the data
collection requirements going forward to any new proposed road
submission, but not to proposed roads that were already in the NTTFI as
of the date of publication of the regulations on November 7, 2016,
unless any changes or updates were or are made after that date. BIA is
making this proposal because Tribes added the proposed roads to the
NTTFI under the rules that were in effect at the time, which did not
require the significant data collection. Moving forward, however, BIA
would require that new proposed roads include the back-up documentation
identified by Sec. 170.443 (a)(1)-(8) in order to be added to the
NTTFI.
II. Tribal Consultation
We will be hosting the following Tribal consultation sessions at
targeted locations throughout the country to discuss this proposed
rule. The dates and locations for the consultation sessions are as
follows:
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Date Time Location
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September 5, 2019....................... 9:00 a.m.-12:00 (Local Minneapolis, MN.
time).
September 10, 2019...................... 9:00 a.m.-12:00 (Local Anchorage, AK.
time).
September 12, 2019...................... 9:00 a.m.-12:00 (Local Denver, CO.
time).
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Please check the BIA's Consultations website, https://www.bia.gov/as-ia/consultations, for the most current consultation information.
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this rule in a manner consistent with these
requirements. This rule is also part of the Department's commitment
under the Executive Order to reduce the number and burden of
regulations.
E.O. 13771 of January 30, 2017, directs Federal agencies to reduce
the regulatory burden on regulated entities and control regulatory
costs. E.O. 13771, however, applies only to significant regulatory
actions, as defined in Section 3(f) of E.O. 12866. Therefore, E.O.
13771 does not apply to this proposed rule.
B. Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
C. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more because it merely codifies eligibility requirements that were
already established by past practice and a Federal District Court
ruling.
[[Page 36042]]
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions because this rule affects only
individuals' eligibility for certain education contracts.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises
because this rule affects agreements between Tribes and the Department
to allow Tribes to authorize individual leases, business agreements,
and rights-of-way on Tribal land.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a monetarily significant or unique effect
on State, local, or Tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630 because this rule
does not affect individual property rights protected by the Fifth
Amendment or involve a compensable ``taking.'' A takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement because the rule
affects only agreements entered into by Tribes and the Department. A
federalism summary impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule: (a) Meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) Meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has substantial
direct effects on federally recognized Indian Tribes because the rule
affects what proposed roads will remain on the inventory of Tribal
transportation facilities. The Department is hosting consultation
sessions with Tribes (see ``II. Tribal Consultation'' above) and will
be individually notifying each federally recognized Tribe of these
opportunities to consult.
I. Paperwork Reduction Act
OMB Control No. 1076-0161 currently authorizes the collections of
information contained in 25 CFR part 170, with an expiration of
September 30, 2019. The current authorization totaling an estimated
23,446 annual burden hours. If this proposed rule is finalized, the
annual burden hours will decrease by an estimated 2,520 hours. This
decrease is due to the elimination of the requirement for Tribes to
provide information on proposed roads that are already included on the
inventory. This change would require a revision to an approved
information collection under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq. for which the Department is requesting OMB
approval.
OMB Control Number: 1076-0161.
Title: Tribal Transportation Program, 25 CFR 170.
Brief Description of Collection: The information submitted by
Tribes allows them to participate in planning the development of
transportation needs in their area; the information provides data for
administration, documenting plans, and for oversight of the program by
the Department. Some of the information such as the providing inventory
updates (25 CFR 170.444), the development of a long range
transportation plan (25 CFR 170.411 and 170.412), the development of a
Tribal transportation improvement program (25 CFR 170.421), and annual
report (25 CFR 170.420) are mandatory to determine how funds will
allocated to implement the Tribal Transportation Program. Some of the
information, such as public hearing requirements, is necessary for
public notification and involvement (25 CFR 170.437 and 170.438), while
other information, such as a request for exception from design
standards (25 CFR 170.456), is voluntary. The revision accounts for
updates made to Sec. 170.443, removing the requirement to provide
information for proposed roads that existed in the inventory as of
November 7, 2016.
Type of Review: Revision of a currently approved collection.
Respondents: Federally recognized Indian Tribes.
Number of Respondents: 281 on average (each year).
Number of Responses: 1,504 on average (each year).
Frequency of Response: On occasion.
Estimated Time per Response: Varies from 0.5 hours to 40 hours.
Estimated Total Annual Hour Burden: 20,928 hours.
OMB Control No. 1076-0161 currently authorizes the collections of
information contained in 25 CFR part 170. If this proposed rule is
finalized, the annual burden hours for respondents will decrease by
approximately 2,520 hours because Tribes will no longer be required to
provide information that they would have been required to submit under
the current estimates.
The recordkeeping requirements contained in section 170.472 are
authorized under OMB Control No. 1076-0136, applicable to self-
determination and self-governance contracts and compacts under 25 CFR
900 and 1000.
Please note that an agency may not sponsor or request, and an
individual need not respond to, a collection of information unless it
displays a valid OMB Control Number.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because this is an administrative and procedural regulation.
(For further information see 43 CFR 46.210(i)). We have also determined
that the rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
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L. Clarity of this Regulation
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and,
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you believe lists or tables would be
useful, etc.
M. Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 25 CFR Part 170
Highways and roads, Indians-lands.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 170
as follows:
PART 170--TRIBAL TRANSPORATION PROGRAM
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1. The authority citation for part 170 continues to read as follows:
Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25
U.S.C. 2, 9.
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2. In Sec. 170.443, revise paragraph (b) to read as follows:
Sec. 170.443 What is required to successfully include a proposed
transportation facility in the NTTFI?
(a) * * *
(b) For those proposed roads that were included in the NTTFI as of
November 7, 2016, the information in paragraphs (a)(1) through (a)(8)
of this section may be submitted for approval to BIA and FHWA at any
time, but is not required in order for those proposed roads to remain
in the NTTFI, unless any changes or updates to the proposed road were
(or are) made after that date.
Dated: July 3, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2019-15928 Filed 7-25-19; 8:45 am]
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