Transportation Equity Act for 21st Century; implementation: Indian Reservation Roads Negotiated Rulemaking Committee; membership,

[Federal Register: February 11, 1999 (Volume 64, Number 28)]

[Proposed Rules]

[Page 6825-6827]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11fe99-27]

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170

Notice of the Proposed Membership of the Negotiated Rulemaking Committee Under Section 1115 of the Transportation Equity Act for the 21st Century (TEA-21)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

SUMMARY: As required by the Negotiated Rulemaking Act, the Secretary of the Interior has selected the proposed member of a committee to develop proposed rules for the Indian Reservation Roads program. Tribes in each of the twelve Bureau of Indian Affairs (BIA) Areas were invited to nominate two representatives and two alternates to serve on the committee. After considering nominations, the Secretary proposes to appoint the persons named in this notice as committee members. Tribes, tribal organizations, and individual tribal members who believe that their interests will not be adequately represented by the persons identified in this notice may submit comments on the proposed selection, apply for membership on the committee, or submit other nominations.

DATES: Comments on the proposed committee membership to this negotiated rulemaking committee must be received no later than March 13, 1999.

ADDRESSES: Send nominations and comments to Mr. LeRoy Gishi, Chief, Division of Transportation, Bureau of Indian Affairs, U.S. Department of the Interior, MS-4058-MIB, 1849 C Street NW, Washington, DC 20240. Nominations and comments received by the BIA will be available for inspection at the address listed above from 9:00 a.m. to 4:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Gishi, Chief, Division of Transportation, Bureau of Indian Affairs, at the address listed above, or by telephone at (202) 208-4359 or fax at (202) 208-4696. Additional information may be posted on the Indian Reservation Roads web site at www.irr.bia.gov, as it becomes available.

SUPPLEMENTARY INFORMATION: As required by 23 U.S.C. section 202, as amended by TEA-21, the Secretary shall, pursuant to a negotiated rulemaking process, issue regulations governing the Indian Reservation Roads program and establish a formula for allocating all contractible funds among Indian tribes for fiscal year 2000 and subsequent years. Section 202 also requires that in establishing this committee, the Secretary will (1) apply the procedures of negotiated rulemaking under subchapter III of chapter 5 of title 5 (the Negotiated Rulemaking Act) in a manner that reflects the unique government-to-government relationship between the Indian tribes and the United States, and (2) ensure that the membership of the committee includes only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes.

In negotiating a proposed regulation establishing a funding formula, the committee will base its proposal on factors that reflect (a) the relative needs of the Indian tribes, and reservation or tribal communities, for transportation assistance, and (b) the relative administrative capacities of, and challenges faced by, various Indian tribes, including the cost of road construction in each BIA Area, geographic isolation and difficulty in maintaining all-weather access to employment, commerce, health, safety, and educational resources. Also, the committee will develop a regulation governing the Indian Reservation Roads program.

The Secretary invites organizations and individuals to comment on the nominations in this notice or nominate other persons for membership on the committee. The Secretary intends that the proposed committee (including any additional members selected) reflect balanced interests as follows:

(1) Members of geographically diverse small, medium, and large Indian tribes;

(2) Members of tribes identified as Direct Service, Self- Determination and Self-Governance tribes; and

(3) Members of tribes with various levels and types of experience in the diverse concerns of transportation development and management (e.g., jurisdictional issues, complexity of transportation systems, climatic concerns, environmental issues, geographic isolation, etc.).

The Secretary has determined that the proper functioning of the committee requires more than the 25 members recommended by the Negotiated Rulemaking Act (5 U.S.C. 565) in order to achieve balanced representation from geographically diverse small, medium, and large Indian tribes as required by Section 1115 of TEA-21. The Secretary has selected 29 tribal representatives and 13 Federal representatives for the committee, for a proposed total of 42 members. The first meeting of the committee is tentatively scheduled for March 16-18, 1999. The following membership for the committee is proposed:

Federal Representatives

Robert Baracker, Designated Federal Official, BIA Albuquerque Area Office LeRoy Gishi, Chief, BIA Division of Transportation Justin P. Patterson, Assistant Solicitor, Office of the Solicitor (One representative), BIA Juneau Area Office Cordell Ringel, Area Road Engineer, BIA Billings Area Office Wilfred Frazier, Area Road Engineer, BIA Navajo Area Office Vernon Palmer, Area Road Engineer, BIA Phoenix Area Office Robert Ecoffy, Superintendent, Pine Ridge Agency, BIA Aberdeen Area Office Joel Smith, Superintendent, Minnesota Agency, BIA Minneapolis Area Office Mike Smith, Assistant Area Director, BIA Sacramento Area Office (Three representatives) Department of Transportation

Representatives of Tribes, Tribal Organizations, and Individual Indians

ABERDEEN AREA Pete Red Tomahawk, Transportation Planner Standing Rock Sioux Tribe Fort Yates, ND Ted Danks, Transportation Planner Three Affiliated Tribes of Mandan, Arikara and Hidatsa New Town, ND

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Alternates: Fern Peltier, Transportation Planner Turtle Mountain Band of Chippewa Indians Belcourt, ND Diane Zephier, Transportation Planner Oglala Sioux Tribe Pine Ridge, SD ALBUQUERQUE AREA Edward Little, Director, Indian Pueblos Federal Development Corp. All Indian Pueblo Council Albuquerque, NM James Mark Wright, Tribal Roads Engineer Jicarilla Apache Tribe Dulce, NM David Wyaco, Sr, Tribal Council Pueblo of Zuni Zuni, NM Alternates: Delfino Calabaza, AIPC Program Administrator Pueblo of Santo Domingo Santo Domingo Pueblo, NM Robert Goffinett, Tribal Transportation Director Ute Mountain Ute Tribe Towaoc, CO ANADARKO AREA Chuck Tsoodle, Tribal Roads & Transit Director Kiowa Tribe of Oklahoma Carnegie, OK Tim Ramirez, Tribal Roads Director Prairie Band of Potawatami Nation Mayetta, KS Alternates: Bill Tall Bear, Program Coordinator-Transportation Planner Cheyenne-Arapaho Tribes of Oklahoma Concho, OK John Barrett, Chairman Citizen Potawatomi Nation Shawnee, OK BILLINGS AREA John Smith, Transportation Planner Shoshone & Arapaho Tribes Fort Washakie, WY Norma Gorneau, Vice Chair Northern Cheyenne Tribe Lame Deer, MT Alternates: John Healy, Transportation Planner Fort Belknap Tribes Harlem, MT Caleb Shields, Tribal Council Ft. Peck Tribe Poplar, MT EASTERN AREA Eddie Tullis, Tribal Chairman Poarch Band of Creek Indians Atmore, AL Jody Clark, Transportation Manager Seneca Nation of Indians Salamanca, NY Alternates: Johnson Owle, Transportation Planner Eastern Band of Cherokee Indians Cherokee, NC Clifford Francis, Tribal Council Pleasant Point Passamaquoddy Perry, ME JUNEAU AREA Loretta Bullard, President Kawarek, INC. Nome, AK Al Ketzler Sr., Chief Administrative Officer Tanana Chiefs Conference Fairbanks, AK Gideon James, Tribal Operations Director Native Village of Venetie Tribal Government Venetie, AK Alternates: Dugan Nielsen, Director, Land & Resources Bristol Bay Native Association Dillingham, AK Edward Thomas, President Central Council Tlingit and Haida Indian Tribes of Alaska Juneau, AK MINNEAPOLIS AREA Jim Garrigan, Director of Tribal Roads Red Lake Band of Chippewa Indians Red Lake, MN Mike Christensen, Tribal Roads Committee Lac Du Flambeau Chippewa Lac du Flambeau, WI Alternates: Bruce Danforth, Public Works Area Manager Oneida Nation Oneida, WI John Stewart, Tribal Engineer Prairie Island Indian Community Welch, MN MUSKOGEE AREA George Almerigi, Second Chief Muskogee Creek Nation Okmulgee, OK Everett Waller, Councilman Osage Nation Pawhuska, OK Alternates: Robert Endicott, Transportation Planner Cherokee Nation Tahlequah, OK Rebecca Torres, Chief Alabama Quassarate Tribal Town Henryetta, OK NAVAJO AREA Sampson Begay, Tribal Council Navajo Nation Window Rock, AZ Andrew Simpson, Tribal Council Navajo Nation Window Rock, AZ Alternates: Alfred Yazzie, Navajo Nation Council Navajo Nation Window Rock, AZ Thomas Christie, Department of Justice Navajo Nation Window Rock, AZ PHOENIX AREA Alex Cabello, Councilman Hualapai Tribe Peach Springs, AZ Robyn Burdette, Chairperson Summit Lake Paiute Tribe Winnemucca, NV Wade Large, Asst. Economic Development Director Uintah & Ouray Ute Tribe Fort Duchesne, UT Alternates: Cecil Antone, Lieutenant Governor Gila River Indian Community Sacaton, AZ Rita Martinez, Councilwoman Tohono O ``odham Nation Sells, AZ PORTLAND AREA Michael Marchand, Colville Business Council Confederated Tribes of Colville Indians Nespelem, WA Dave Whitener, Chairman Squaxin Island Tribe Shelton, WA Della Cree, Community Development Planner Nez Perce Tribe Lapwai, ID Alternates: Andy Kampkoff, Construction Manager Lummi Indian Business Council Bellingham, WA Mike Clement, Economic Development Manager Confederated Tribes of Warm Springs Warm Springs, OR SACRAMENTO AREA Anthony Largo, Spokesman Santa Rosa Indian Reservation Hemet, CA Mervin Hess, Chairperson Bishop Indian Reservation Bishop, CA Vlayn McCovey, Council Member Yurok Tribe Eureka, CA Alternates: Mac Hayward, Public Works Director Redding Rancheria Redding, CA Randolph Feliz, Tribal Vice Chair Hopland Band of Pomo Indians Hopland, CA

If you believe that your interests will not be adequately represented by any person identified in the committee membership, you may apply or nominate another person for membership on the committee. Each application or nomination must include:

(1) The name of the nominee.

(2) The tribal interest(s) to be represented by the nominee (based on the interests listed above).

(3) Evidence that the applicant or nominee is authorized to represent

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parties related to the interest(s) the person proposed to represent.

(4) The reasons that the proposed members of the committee identified in this notice do not represent the interests of the person submitting the application or nomination.

(5) Your name, address, telephone number, and the name of the tribe or tribal organization with which you are affiliated.

To be considered, comments and nominations must be received by the close of business on March 13, 1999, at the location indicated in the ``Addresses'' section.

Dated: February 4, 1999. Kevin Gover, Assistant Secretary--Indian Affairs.

[FR Doc. 99-3301Filed2-10-99; 8:45 am]

BILLING CODE 4310-02-P

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