FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1
NS 23 CFR 460
(1) In establishing the date by which the State must submit its certification of public road mileage, the Division Administrator should take into consideration the time necessary for review of such certification by the Division Administrator and Regional Administrator, and the requirement that the certification, with appropriate comments, if any, must be submitted to the Highway Systems Performance Division in Washington, D.C., by June 1.
(2) In order to assist the States in determining the public road mileage on Indian reservations to be included in the States' total public road mileage, the Bureau of Indian Affairs will furnish to the FHWA by April 1 of each year a listing of public road mileage on Indian reservations by State and reservation. This listing will be made available to the States by the FHWA through the Regional and Division Administrators. If the listing is not furnished to the FHWA by April 1, the FHWA will furnish the Regional and Division Administrators with its estimate of public road mileage on Indian reservations.
(3) If the State does not concur with the public road mileage on Indian reservations within that State as indicated in the listing furnished by the Bureau of Indian Affairs or the FHWA, the State should immediately notify the Division Administrator. The Division Administrator will attempt to resolve any disagreements as to the public road mileage on Indian reservations within the State through coordination with the State, local officials, the Bureau of Indian Affairs, and the appropriate Indian tribal officials. In any instance where a change in mileage is agreed upon which affects the mileage figures in the Bureau ofIndian Affairs April 1 submission, said change shall be transmitted through the Regional Administrator by the Division Administrator to the Highway Systems Performance Division, Office of Highway Information Management. It shall then be transmitted to the Secretary of the Interior for final review so that the Secretary of the Interior's June 1 certification submission will reflect the change. The Attachment lists applicable Indian reservations by State.
(4) The following format may be used for the certification "As of December 31, 19__, in the State of there were miles of public roads as defined in 23 U.S.C. 402(c)." If the State's public road mileage includes mileage on Indian reservations, the certification should include the following additional statement: "The State's total public road mileage includes miles of public roads on Indian reservations." The certification should be signed by the Governor or his designee. The certification will be reviewed by the Division Administrator and endorsed by him, indicating his approval or recommended action. It will be forwarded through the Regional Administrator to the Highway Systems Performance Division, Office of Highway Information Management, along with appropriate comments, if any, from the Division Administrator and the Regional Administrator, not later than June 1 of each year.
(5) If the Division Administrator does not concur with the mileage certified by the State, or if he cannot resolve any dispute as to the public road mileage on Indian reservations within the State to the satisfaction of the State, the Bureau of Indian Affairs, and tribal officials, he will submit comments, including the public road mileage he recommends for approval, to the Federal Highway Administrator through the Regional Administrator. The Regional Administrator will review the Division Administrator's comments and submit his own comments and recommendation to the Federal Highway Administrator, who will then coordinate the problem with the Commissioner of Indian Affairs. Authority to approve State certification under these circumstances is reserved by the Federal Highway Administrator.