[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49969-49970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24324]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 91
[OJP No. 1099]
RIN 1121-AA41
Grants Program for Indian Tribes
AGENCY: Office of Justice Programs, Justice.
ACTION: Interim rule.
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SUMMARY: This document announces an interim rule and requests comments
on provisions that implement the Violent Offender Incarceration and
Truth-In-Sentencing Grants Program for Indian Tribes as required by
Section 114 of the Fiscal Year 1996 Omnibus Consolidated Rescissions
and Appropriations Act.
DATES: This rule becomes effective September 24, 1996. All comments
must be received by October 24, 1996.
ADDRESSES: All comments should be addressed to Larry Meachum, Director,
the Corrections Program Office, Office of Justice Programs, 633 Indiana
Ave., NW., 4th Floor, Washington, DC, 20531.
FOR FURTHER INFORMATION CONTACT: Dr. Stephen P. Amos, the Corrections
Program Office at (202) 848-6325.
SUPPLEMENTARY INFORMATION:
Overview of the Violent Offender Incarceration and Truth-In-Sentencing
Grants Program for Indian Tribes
Section 114 of the Fiscal Year 1996 Omnibus Consolidated
Rescissions and Appropriations Act, Public Law 104-134 (April 26, 1996)
(``Appropriations Act'') amends the Violent Crime Control and Law
Enforcement Act of 1994, Subtitle A of Title II, Public Law 103-322,
108 Stat. 1796 (September 13, 1994), as amended, codified at 42 U.S.C.
13701 et seq., to authorize a reservation of funds for the specific
purpose of allowing the Attorney General to make discretionary grants
to Indian tribes. Specifically, from amounts appropriated to implement
Subtitle A of Title II, the Appropriations Act allocates 0.3 percent in
each of fiscal years 1996 and 1997 and 0.2 percent in each of fiscal
years
[[Page 49970]]
1998, 1999 and 2000, for discretionary grants to Indian tribes.
Appropriated funds for this grant program in fiscal year 1996 total
$1.2 million. Awarded grants must be used for purposes of constructing
jails on tribal lands for the incarceration of offenders subject to
tribal jurisdiction.
Administrative Requirements
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. This
rule is not a ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and accordingly,
this rule has not been reviewed by the Office of Management and Budget.
Regulatory Flexibility Act
The Assistant Attorney General, Office of Justice Programs, in
accordance with the Regulatory Flexibility Act (5 U.S.C. Sec. 605(b)),
has reviewed this Interim Rule and, by approving it, certifies that the
Interim Rule will not have a significant economic impact on a
substantial number of small entities. The Assistant Attorney General,
Office of Justice Programs determined: (1) Interim Rule provides the
outline of a program governing the award of grants to Indian Tribes;
and (2) the award of such grants impose no requirements on small
businesses or on other small entities, and as such, the Interim Rule
would be in accordance with the Regulatory Flexibility Act.
National Environmental Policy Act of 1969
This regulation has been reviewed in accordance with the Office of
Justice Program's Procedures for Implementing the National
Environmental Policy Act, 28 CFR Part 61. The Assistant Attorney
General for the Office of Justice Programs has determined that this
regulation does not constitute a major federal action significantly
affecting the quality of the human environment and in accordance with
the National Environmental Policy Act of 1969, Public Law 91-190, an
Environmental Impact Statement is not required.
Small Business Regulatory Enforcement Fairness Act of 1996
This regulation will not result in an annual effect on the economy
of $100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets and therefore is not a major rule, as defined by 5
U.S.C. 804(2).
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local
and tribal governments, in the aggregate, or by the public sector, of
$100,000,000 or more in any one year and will not significantly or
uniquely affect small governments.
List of Subjects in 28 CFR Part 91
Grant Programs--Law, Indians--tribal government.
For the reasons set out in the preamble, Title 28, Part 91, of the
Code of Federal Rregulations is proposed to be amended as follows:
PART 91--GRANTS FOR CORRECTIONAL FACILITIES
1. The authority citation for part 91 is revised to read as
follows:
Authority: Sec. 20105 of Subtitle A, Title II of the Violent
Crime Control and Law Enforcement Act of 1994, unless otherwise
noted.
2. A new Subpart C is added to read as follows:
Subpart C--Violent Offender Incarceration and Truth-in-Sentencing Grant
Programs for Indian Tribes
Sec.
91.21 Purpose.
91.22 Definitions.
91.23 Grant authority.
91.24 Grant distribution.
Authority: 42 U.S.C. 13701 et seq. as amended by Pub.L. 104-134.
Sec. 91.21 Purpose.
This part sets forth requirements and procedures to award grants to
Indian Tribes for purposes of constructing jails on tribal lands for
the incarceration of offenders subject to tribal jurisdiction.
Sec. 91.22 Definitions.
(a) The Act means the Violent Crime Control and Law Enforcement Act
of 1994, Subtitle A of Title II, Public Law 103-322, 108 Stat. 1796
(September 13, 1994) as amended by the Fiscal Year 1996 Omnibus
Consolidated Rescissions and Appropriations Act, Public Law 104-134
(April 26, 1996), codified at 42 U.S.C. 13701 et. seq.
(b) Assistant Attorney General means the Assistant Attorney General
for the Office of Justice Programs.
(c) Tribal lands means:
(1) All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through the
reservation;
(2) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of a State;
and
(3) All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of way running through the same.
(d) Indian Tribe means any Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe pursuant to Public
Law 103-454, 108 Stat. 4791, and which performs law enforcement
functions as determined by the Secretary of the Interior.
(e) Construct jails means constructing, developing, expanding,
modifying, or renovating jails and other correctional facilities.
Sec. 91.23 Grant authority.
(a) The Assistant Attorney General may make grants to Indian tribes
for programs that involve constructing jails on tribal lands for the
incarceration of offenders subject to tribal jurisdiction.
(b) Applications for grants under this program shall be made at
such times and in such form as may be specified by the Assistant
Attorney General. Applications will be evaluated according to the
statutory requirements of the Act and programmatic goals.
(c) Grantees must comply with all statutory and program
requirements applicable to grants under this program.
Sec. 91.24 Grant distribution.
(a) From the amounts appropriated under section 20108 of the Act to
carry out sections 20103 and 20104 of the Act, the Assistant Attorney
General shall reserve, to carry out this program--
(1) 0.3 percent in each fiscal years 1996 and 1997; and
(2) 0.2 percent in each of fiscal years 1998, 1999 and 2000.
(b) From the amounts reserved under paragraph (a) of this section,
the Assistant Attorney General may exercise discretion to award or
supplement grants to such Indian Tribes and in such amounts as would
best accomplish the purposes of the Act.
Dated: September 17, 1996.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 96-24324 Filed 9-23-96; 8:45 am]
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