|
15910 Federal Register / Vol . 73 , No . 59 / Wednesday , March 269 2008 / Rules and Regulations
<br /> and State and local governments , EPA toward meeting MBE/WBE objectives . In with § 33 . 501 (b ) . The purpose of this list
<br /> specifically solicited comment on the addition , the rule will have the
<br /> is proposed rule from State and local following impacts on tribes /tribally database as
<br />possible about the universe
<br /> officials . Stakeholders , including owned businesses : of MBEAl7BE and non-MBE/WBE prime
<br /> representatives from State government First , a business owned by a federally and subcontractors who seek to work on
<br /> agencies , State government recognized tribal government would procurements under EPA financial
<br /> organizations and local governments , have to file an annual affidavit with assistance agreements . The following
<br /> were given an opportunity to comment EPA certifying no change in its MBE information must be obtained from all
<br /> on. the proposed rule which was status , pursuant to § 33 . 210 of this rule. such prime and subcontractors ( 1 )
<br /> published in the Federal Register on Second , a business owned by a
<br /> July 24 , 2003 , during the 180-dav Federally rrecognized tribal overnment Entity ' s name with point of
<br /> tel
<br /> contact; { 2}
<br /> comment period . Public hearings were will have to be recertified eve three entity ' s mailing address , telephone
<br /> number, and e-mail address; (
<br /> also held in several states across the years as meetingSBA ' s applicable Procurement on which the entit8 a) t
<br /> the
<br /> country to discuss the proposed rule criteria to be eliible to bounted in y bid tor
<br /> o
<br /> and to encourage comment . the future towards meeting the MBE/ quoted , and when ; and (4) entity 's status
<br /> g as an MBE/WBE or non-MBE/WBE .
<br /> F. Executive Order 13175 Consultation WBE fair share objectives , pursuant to EPA consulted with tribal officials
<br /> and Coordination With Indian Tribal § 33 b 208 * and /or representatives of tribal
<br /> Governments Tird , a business owned by a governments early in the process of
<br /> federally recognized tribal government, developing this regulation to permit
<br /> Executive Order 13175 , entitled if it is not already certified in them to have meaningful and timely
<br /> "Consultation and Coordination with accordance with SBA' s applicable 8 (a) input into its development. This rule
<br /> Indian Tribal Governments " ( 65 FR criteria , may have to incur costs to be has been under development for the
<br /> 67249 , November 9 , 2000) , requires EPA certified if there is no tribal certifier
<br /> to develop an accountable process to available and the other certifyingentity Past several years . The meaningful and
<br /> ensure "meanin meaningful and timely Y timely input of Tribal officials and/or
<br /> g y input b3 charges for its services , representatives into the development of
<br /> tribal officials in the development of Fourth , a tribe as a recipient of EPA this rule is as follows :
<br /> regulatory policies that have tribal financial assistance will have to be On February 2--4 , 1999 , EPA invited
<br /> implications . " EPA has concluded that notified in writing before any tribal recipients of EPA grants and
<br /> this final rule will have tribal termination of a DBE subcontractor for cooperative agreements to an EPA/State/
<br /> implications . However , it will neither convenience is made by its prime Tribal Annual Conference in
<br /> impose substantial direct compliance contractor, pursuant to § 33 . 303 ( a) . Albuquerque , New Mexico . During this
<br /> costs nor preempt tribal law . Those Fifth , consistent with other Federal conference , EPA representatives
<br /> impplications are as follows : and tribal laws , a tribe will have to discussed a number of issues relating to
<br /> Trfbes receiving an EPA financial require its prime contractor , after the the rule under development with the
<br /> assistance agreement of more than tribe has unsuccessfully sought to apply general audience . In addition . EPA
<br /> 5250 , 000 for any single assistance Indian preference consistent with the representatives met separately with
<br /> agreement, or of more than one financial Indian Self-Determination and tribal officials and/ or representatives to
<br /> assistance agreement with a combined Education Assistance Act , to employ the discuss issues of concern to tribes . EPA
<br /> total of more than $250 ,000 in anv one good faith efforts described in § 33 . 301 posted a staff draft of the proposed rule
<br />,
<br /> fiscal vear (excluding Performance if a DBE subcontractor fails to complete dated June 19 , 2000 . on EPA 's Internet
<br /> Partnership Grant eligible grants to work under a subcontract for any reason Web site to solicit public comment. On
<br /> tribes and intertribal consortia under 40 and the prime contractor solicits a June 27-30 , 2000 , the Agency held its
<br /> CFR part 35 , subpart B ) will have to replacement subcontractor , pursuant to EPA/State/Tribal Annual Conference in
<br /> negotiate fair share objectives with EPA § 33 . 303 (b ) . Albuquerque , New Mexico , Again , EPA
<br /> unless they choose to adopt MBE and Sixth , consistent with other Federal invited tribal recipients of EPA financial
<br /> WBE objectives of another EPA and tribal Laws , a tribe will have to assistance agreements to attend . During
<br /> recipient consistent with the final rule. require its prime contractor , after it has the June , 2000 conference , agency
<br /> Those tribes required to negotiate fair unsuccessfully sought to apply Indian representatives discussed in detail the
<br /> share objectives with EPA will have a preference consistent with the Indian June 19 , 2000 staff draft of the rule ,
<br /> phase-in period of up to three years in Self-Determination and Education which had been posted on EPA ' s Web
<br /> which to do so ; their fair share Assistance Act, to employ the good faith site . EPA solicited comments on the
<br /> objectives will remain in effect for three efforts described in § 33 . 301 even if it staff draft of the rule from conference
<br /> fiscal years after they have been has achieved its fair share objectives participants . Tribal officials and/or
<br /> approved by EPA, unless there are under subpart D of the rule , pursuant to representatives attended that conference
<br /> significant changes to the data § 33 . 303 ( c ) . as well . As of June 30 . 2001 , EPA
<br /> supporting the fair share objectives . Seventh , a tribe will have to require received a total of 17 written comments
<br /> Some tribally owned businesses its prime contractors to provide EPA on the staff draft from Indian tribes .
<br /> (businesses that a Federally recognized Form 6100--2—DBE Program During the development of this rule
<br /> tribal government owns or in which it Subcontractor Participation Form, EPA EPA representatives made a number of
<br /> has a majority share) will not be eligible Form 6100-3-1)13E Program oral presentations to the Tribal
<br /> to be counted towards meeting the Subcontractor Performance Form and Operations Committee (TOC) on the
<br /> MBE/WBE fair share objectives if they EPA Form 6100-4—DBE Program rule' s progress and solicited input. The
<br /> do not meet the applicable SBA 8 (a) Subcontractor Utilization Form to all of TOC is comprised of 19 national tribal
<br /> criteria , e .g . , see 13 CFR 124 . 109 (b ) . Of its DBE subcontractors , pursuant to representatives from the nine EPA
<br /> course , tribes may continue to do sections 33 . 303 (e ) , (f) and (g), Regions that have federally recognized
<br /> business with tribally owned or other respectively . tribes and EPA Senior Management; its
<br /> companies which do not meet the Eighth , a tribal recipient that conducts role is to provide input into EPA
<br /> applicable SBA 8 (a) criteria , they simply procurements will have to create and decision making affecting Indian
<br /> would not count such procurements maintain a bidders list in accordance Country. On November 29 , 2000 , EPA
<br />
|