[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16704-16706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6349]
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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: 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 (BIA) 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, death, injuries, and property
damage within Indian Country. All project applications received will be
reviewed and selected on a competitive basis. This notice informs
Indian tribes that grant funds are available and that information
packets are being mailed to all tribal leaders on the latest Tribal
Leaders list that is compiled by the BIA. A copy of the Application
Packet can also be obtained by contacting the BIA Indian Highway Safety
Office.
DATES: Request for funds must be received by May 1, of each program
year. Requests not in the office of the Indian Highway Safety Program
by the close of the business day on May 1, will not be considered and
will be returned unopened. The information packets will be distributed
to tribal leaders by the end of January of each program year.
ADDRESSES: Each tribe must submit its request to the BIA Division of
Safety and Risk Management, Attention: Indian Highway Safety Program
Coordinator, 1011 Indian School, NW., Suite 331, Albuquerque, New
Mexico 87104.
FOR FURTHER INFORMATION CONTACT: Tribes should direct questions to
Patricia Abeyta, Coordinator, Indian Highway Safety Program, or to Paul
Holley, Program Administrator, Bureau of Indian Affairs, 1011 Indian
School, NW., Suite 331, Albuquerque, New Mexico 87104, telephone number
505-563-5371, or 505-563-5373.
Background
The Federal Aid Highway Act of 1973 (Pub. L. 93-87) provides for
the 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 motor vehicle traffic crashes and
their resulting fatalities, injuries, and property damage on Indian
reservations and within Indian communities. All federally recognized
Indian tribes with qualifying Highway Safety projects 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 the 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 Indian tribes.
[[Page 16705]]
The Indian Highway Safety Program maintains contact with the DOT with
respect to program approval, funding and receiving technical
assistance. The National Highway Traffic Safety Administration (NHTSA)
is responsible for ensuring that the Indian Highway Safety Program is
carried out in accordance with the 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
priority program areas eligible for funding under 23 CFR 1205.3 on
tribal lands.
a. Impaired driving;
b. Occupant protection;
c. Traffic records.
Other fundable program areas may be considered based upon well
documented problem identification from the tribes.
Indian Highway Safety Program Funding Areas
Proposals are being solicited for the following program areas:
1. Impaired Driving: Programs directed at reducing injuries and
death attributed to impaired driving on the reservations such as:
Selective Traffic Enforcement Programs (STEP) 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; various youth alcohol education programs promoting traffic
safety; and programs or projects directed toward judicial training.
Proposals for projects that enhance the development and the
implementation of innovative programs to combat impaired driving are
also solicited.
2. Occupant Protection: Programs directed at decreasing injuries
and deaths attributed to the lack of safety belt and child-restraint
usage such as: 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; enforcement of safety
belt ordinances or laws; specialized training (such as Operation Kids,
Traffic Occupant Protection Strategies [TOPS]); and Standardized Child
passenger Safety Technician Training and evaluations.
3. Traffic Records: Programs to help the tribes develop or update
electronic traffic records systems which will assist with analysis of
crash information, causational factors, and support joint efforts with
other agencies to improve the tribe's traffic records.
Project Guidelines
The BIA will send information packets to the tribal leaders of each
federally recognized Indian tribe by the end of January of each program
year. Upon receiving the information packet, each tribe, to be
eligible, must prepare a proposed project based on the following
guidelines:
1. Program Planning: Program shall be based upon the highway safety
problems identified and the goals/objectives measures selected by the
tribe.
2. Problem Identification: Highway traffic safety problems shall be
based upon accurate tribal data. This data should show problems and/or
trend analysis and should be available in tribal enforcement and
traffic crash records. The data must accompany the proposal.
3. Countermeasures Selection: Once tribal traffic safety problems
are identified, appropriate countermeasures to solve or reduce the
problem(s) must be identified.
4. Objectives/Performance Measures: List of objectives and
measurable 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. (Example: To decrease alcohol related motor vehicle
crashes by --percent from the 2005 number of--to--by the end of fiscal
year 2008). Performance indicators that enable the Indian Highway
Safety Program to track progress, from a specific baseline, must
accompany each goal. Performance measures should be aggressive but
attainable.
5. Line Item Budget: The activities to be funded must be outlined
in detail according to the following object groups: personnel services;
travel and training; operating costs; and equipment. Because of limited
funding, this office will limit indirect costs to a maximum of 15
percent; however, all tribes applying for grants must attach a copy of
the tribe's indirect cost rate to the application.
6. Evaluation Plan: Evaluation is the process of determining
whether a highway safety activity has accomplished its objectives. The
tribe must include, in the funding request, a plan explaining how the
evaluation will be accomplished and identify the criteria to be used in
measuring performance.
7. Funding Requirements: With the enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act--A Legacy
for Users (SAFETEA-LU), the BIA Indian Highway Safety Program, to
certify, on behalf of the tribes, that the program will meet certain
conditions and comply with all applicable rules and regulations for
administering a highway safety program. In addition to program
oversight and technical assistance, the BIA must certify that it will
implement the following activities in support of national highway
safety goals:
a. Participate in the national law enforcement mobilizations;
b. Encourage sustained enforcement of impaired driving, occupant
protection, and speeding;
c. Conduct an annual safety belt survey in accordance with criteria
established by the Secretary to measure safety belt usage rates;
d. Develop data systems to provide timely and effective data
analysis to support allocation of highway traffic safety resources.
8. In order to comply with the provisions of SAFETEA-LU and the
State Certifications and Assurances, the BIA Indian Highway Safety
Program will allocate funds on behalf of the tribes to implement the
provisions listed in (7) above. Copies of the State Certifications and
Assurances are available upon request, or at: http://www.nhtsa.dot.gov/nhtsa/whatsup/tea21/GrantMan/HTML/StateCertifications_8-05.html.
9. Project Length: Traffic safety program funding is designed
primarily as the source of invention and motivation. This program is
not intended for long term financial support of continuing and on-going
operations.
10. 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.
11. Certification Regarding Lobbying: Indian tribes receiving
highway safety grants through the Indian Highway Safety Program must
certify that they will not use any of the direct funds to pay for, by
or on behalf of the tribes, to any person for influencing or attempting
to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or
[[Page 16706]]
cooperative agreement. (None of the funds under this program can be
used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any
specific legislative proposal pending before any State or local
legislative body.)
Submission Deadline
Each tribe must send its funding request to the BIA Indian Highway
Safety Program offices in Albuquerque, New Mexico by the close of
business on May 1, of each program year.
Selection Criteria
Each funding request will be reviewed and evaluated by the BIA
Indian Highway Safety Program staff and a designated selection
committee. Each 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 the 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: documentation in support of the submitting tribe's
qualification, commitment, and community involvement in traffic safety
should be included (10 points maximum).
Criteria 5: tribes that have been funded before are eligible for
bonus points (up to 10 extra points) if all reporting requirements have
been met in previous years.
Notification on Non-Selection
The Program Administrator will notify each tribe of 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 and the NHTSA,
under 49 CFR part 18, ``Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Government.'' The NHTSA
and the FHWA have codified uniform procedures for State Highway Safety
Programs in 23 CFR parts 1200, 1205 and 1251. The 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. A copy of
the Grant Funding Policy document can be obtained from the BIA Indian
Highway Safety Program office or at: http://www.nhtsa.dot.gov/nhtsa/whatsup/tea21/GrantMan/HTML/01_GrantFundPolicy.html. It is the
responsibility of the BIA 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 for:
1. Current and complete disclosure of project actions;
2. Accurate and timely recordkeeping;
3. Accountability and control of all grants funds and equipment;
4. Comparison of actual expenditures with budgeted amounts and;
5. Documentation of accounting records.
Auditing of Highway Safety Projects will be included in the tribal
A-133 single audit requirement. Copies of tribal audits must be
available for inspection by the highway safety program staff. Tribes
must provide monthly program status reports and a corresponding
reimbursement claim to the Coordinator, BIA Indian Highway Safety
program, 1011 Indian School Road, NW., Suite 331, Albuquerque, New
Mexico 87104, in order to be reimbursed for program costs. These will
be submitted no later than 10-working 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. This assistance may be on-site, by telephone, and/or a review
of monthly progress claims.
Project Evaluation
The 23 CFR 1200.33 sets out the minimum information that must be
contained in the annual report that is required to be submitted to
NHTSA. The BIA will conduct an annual performance evaluation for each
Highway Safety Project funded. Pursuant to Sec. 1200.33, the
evaluation will measure the actual accomplishments to the planned
activity, and how the project and activities funded contributed to the
overall goal of the Indian Highway Safety Program. Program staff will
evaluate progress from baseline data as reported by the tribe. The BIA
Indian Highway Safety Program staff will evaluate the project on-site
at the discretion of the Indian Highway Safety Program Administrator.
Dated: March 14, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
[FR Doc. E8-6349 Filed 3-27-08; 8:45 am]
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