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GAO-01-597R 1 (2001-04-09)

handle is hein.gao/gaobadwen0001 and id is 1 raw text is: im Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 B-287501 April 9, 2001 The Honorable Ben Nighthorse Campbell Chairman The Honorable Daniel K. Inouye Ranking Member Committee on Indian Affairs United States Senate The Honorable Don Young Chairman The Honorable James L. Oberstar Ranking Minority Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of the Interior, Bureau of Indian Affairs: Distribution of Fiscal Year 2001 Indian Reservation Roads Funds Pursuant to section 801(a) (2) (A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of the Interior, Bureau of Indian Affairs (BIA), entitled Distribution of Fiscal Year 2001 Indian Reservation Roads Funds (RIN: 1076-AE 13). We received the rule on March 26, 2001. It was published in the Federal Register as a final rule on March 29, 2001. 66 Fed. Reg. 17073. The final rule requires distribution of the remaining 25 percent of fiscal year 2001 Indian Reservation Roads funds to projects on or near Indian reservations. The final rule has an announced effective date of March 29, 2001. The Congressional Review Act requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. 553(a)(3)(A). Since the BIA is making the rule effective the date of publication in the Federal Register, the rule does not have the required 60-day delay in its effective date. The previously issued temporary rule (66 Fed. Reg. 1576, January 9, 2001) which distributed the initial 75 percent of roads funds also did not allow the 60-day delay. However, in that case, the rule was issued without notice and comment, and therefore, the exception to the 60-day delay provision found at 5 U.S.C. 808(2) was GAO-01-597R

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