25 CFR 170, Tribal Transportation Program

Forms and Documents

Document Name	Status
BILLS-114hr22enr FAST Act.pdf Supplementary Document	2016-06-23
SS 170_05-24-19.docx Supporting Statement A	2019-06-13
PL 112-141.pdf Supplementary Document	2015-09-02
23USC202.txt Supplementary Document	2009-03-06

IC Document Collections

IC ID	Document Title	Status
222116	25 CFR 170.240 Annual Report	Unchanged
188412	25 CFR 170.456 Provide Information for Exception	Unchanged
188411	25 CFR 170.439 Record keeping Requirement – Record of Public Hearing	Unchanged
188410	25 CFR 170.437 Posting Requirement	Unchanged
188409	25 CFR 170.412 Submission of Long Range Transportation Plan to BIA and Public, and Further Development	Unchanged
188406	25 CFR 170.420 Reporting Requirement for Tribal Priority List	Unchanged
188405	25 CFR 170.421 Reporting Requirement for Tribal Transportation Improvement Program (TTIP)	Unchanged
188404	25 CFR 170.411 Long Range Transportation Plan Contents	Unchanged
188403	25 CFR 170.443 Provide and Review Information	Modified

ICR Details

OMB Control No: 1076-0161	ICR Reference No: 201906-1076-006
Status: Historical Inactive	Previous ICR Reference No: 201612-1076-001
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: 25 CFR 170, Tribal Transportation Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 11/15/2019
	Date Received in OIRA: 10/18/2019
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	36 Months From Approved	03/31/2020
Responses	1,630	0	1,630
Time Burden (Hours)	23,448	0	23,448
Cost Burden (Dollars)	0	0	0

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Abstract: 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. The revision accounts for updates made to the regulations to remove a requirement that Tribes provide certain data to retain proposed roads on the National Tribal Transportation Facility Inventory (NTTFI).

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Authorizing Statute(s): US Code: 23 USC 202(d) Name of Law: SAFETEA-LU
   PL: Pub.L. 114 - 94 1001 et seq. Name of Law: Fixing America’s Surface Transportation Act (FAST Act)
   PL: Pub.L. 112 - 141 1101 et seq. Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP-21)
  

Citations for New Statutory Requirements: PL: Pub.L. 114 - 94 1117 Name of Law: Fixing America’s Surface Transportation Act (FAST Act)
PL: Pub.L. 112 - 141 1119 Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP-21)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AF47	Proposed rulemaking	84 FR 36040	07/26/2019

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 36040	07/26/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
25 CFR 170.437 Posting Requirement
25 CFR 170.439 Record keeping Requirement – Record of Public Hearing
25 CFR 170.411 Long Range Transportation Plan Contents
25 CFR 170.456 Provide Information for Exception
25 CFR 170.412 Submission of Long Range Transportation Plan to BIA and Public, and Further Development
25 CFR 170.421 Reporting Requirement for Tribal Transportation Improvement Program (TTIP)
25 CFR 170.443 Provide and Review Information
25 CFR 170.420 Reporting Requirement for Tribal Priority List
25 CFR 170.240 Annual Report

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Program changes resulted in the deletion of an information collection requirement for Respondent Tribes that already had proposed roads in the NTTFI as of November 7, 2016. Those Tribes no longer have to provide the information set out in § 170.443 for their roads to remain on the inventory. BIA estimates that only Tribes will add (or significantly change proposed roads already in the NTTFI to trigger the requirement to provide the additional information) only proposed roads to the NTTFI. This decreases the number of responses for that specific information collection requirement from 141 to 15, and the annual burden hours from 2,820 to 300. This results in an overall decrease in the number of responses of 126 (from 1,630 to 1,504) and an overall decrease in the number of burden hours of 2,520 (from 23,448 to 20,928).

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Annual Cost to Federal Government: $238,272

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/18/2019

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