Rule2025-19903
Rescinding Regulations Regarding Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program
Primary source
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Published
November 17, 2025
Effective
December 17, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA is rescinding the regulations regarding the Federal Lands Highway Program, and the management systems for the Bureau of Indian Affairs and the Indian Reservation Roads Program.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51110-51112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19903]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 973
[Docket Number FHWA-2025-0018]
RIN 2125-AG24
Rescinding Regulations Regarding Management Systems Pertaining to
the Bureau of Indian Affairs and the Indian Reservation Roads Program
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA is rescinding the regulations regarding the Federal Lands
Highway Program, and the management systems for the Bureau of Indian
Affairs and the Indian Reservation Roads Program.
DATES: This final rule is effective December 17, 2025.
FOR FURTHER INFORMATION CONTACT: For questions about this rule, please
contact Corey Bobba, Office of Federal Lands Highways, (202) 366-9489,
<a href="/cdn-cgi/l/email-protection#0e6d617c6b77206c616c6c6f4e6a617a20696178"><span class="__cf_email__" data-cfemail="86e5e9f4e3ffa8e4e9e4e4e7c6e2e9f2a8e1e9f0">[email protected]</span></a>. For legal questions, please contact Ms. Michelle
Andotra, FHWA Office of Chief Counsel, (404) 562-3679, or via email at
<a href="/cdn-cgi/l/email-protection#44092d272c212828216a052a202b30362504202b306a232b32"><span class="__cf_email__" data-cfemail="773a1e141f121b1b1259361913180305163713180359101801">[email protected]</span></a>. Office hours for FHWA are from 8:00 a.m. to
4:30 p.m., eastern time (E.T.), Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document, as well as the notice of proposed rulemaking (NPRM),
and all comments received may be viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a>
using the docket number listed above. Electronic retrieval assistance
and guidelines are available on the website. It is available 24 hours
each day, 365 days each year. An electronic copy of this document may
also be downloaded from the Office of Federal Register's website at
<a href="http://www.federalregister.gov">www.federalregister.gov</a> and the U.S. Government Publishing Office's
website at <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
I. General Discussion
FHWA is rescinding the rule that established regulations at 23 CFR
part 973 concerning the Bureau of Indian Affairs and the Indian
Reservation Roads Program, which was issued on
[[Page 51111]]
February 27, 2004, at 69 FR 9490. That rule provided for the
development and implementation of safety, bridge, pavement, and
congestion management systems for transportation facilities providing
access to Indian lands and funded under the Federal Lands Highway
Program (FLHP) as required by the Transportation Equity Act for the
21st Century (TEA-21) (Pub. L. 105-178) (June 9, 1998). FHWA has
determined that this part is unnecessary and is rescinding it in full.
Section 1115(d)(1) of TEA-21 amended the version of 23 U.S.C. 204
that existed at the time to add a paragraph (a)(6) stating: ``The
Secretary and the Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, develop by rule safety,
bridge, pavement, and congestion management systems for roads funded
under the Federal lands highway program.'' The roads funded under FLHP
included Indian Reservation Roads. Through 23 CFR part 973, FHWA
addressed the management systems for the Bureau of Indian Affairs (BIA)
and the Indian Reservation Roads program. See 69 FR 9490-01.
On July 6, 2012, Congress enacted the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141). Section 1119(a) of
MAP-21 removed FLHP under 23 U.S.C. 204, replacing that program with
the Tribal Transportation Program (TTP) (23 U.S.C. 202), the Federal
Lands Transportation Program (23 U.S.C. 203), and the Federal Lands
Access Program (23 U.S.C. 204). In doing so, Congress repealed the
previous version of 23 U.S.C. 204(a)(6) and replaced it with a similar
provision at 23 U.S.C. 201(c)(5), which has remained unchanged. Under
that provision, FHWA ``and the Secretary of each appropriate Federal
land management agency shall, to the extent appropriate, implement
safety, bridge, pavement, and congestion management systems for
facilities funded under the TTP and the Federal lands transportation
program in support of asset management.''
The current regulations have become outdated due to subsequent
statutory changes and have been superseded by the TTP. FHWA finds it
significant that Congress, in enacting MAP-21, retained the same
general requirements for asset management in 23 U.S.C. 201(c)(5) but
replaced the phrase ``develop by rule'' with the word ``implement.'' To
the extent that FHWA and Federal land management agencies agree that
safety, bridge, pavement, and congestion management systems are
appropriate for certain facilities, such systems can be implemented
without the need for regulations.
On May 30, 2025, at 90 FR 22889, FHWA published an NPRM proposing
to rescind Part 973 and sought comment on all aspects of that proposal.
FHWA did not receive any public comments on its proposal and now adopts
the proposal without change.
II. Rulemaking Analyses and Notices
A. Executive Orders 12866 (Regulatory Planning and Review), and DOT
Regulatory Policies and Procedures
This rule does not meet the criteria of a ``significant regulatory
action'' under Executive Order (E.O.) 12866, as amended. Therefore, the
Office of Management and Budget (OMB) has not reviewed this rule under
those orders.
This rule would rescind outdated regulations regarding management
systems pertaining to the Bureau of Indian Affairs (BIA) and the Indian
Reservation Roads program. FHWA does not believe there are any costs to
this rulemaking. FHWA anticipates some unquantified cost-savings
associated with removal of unnecessary provisions from the CFR. In
addition, it could result in some cost savings for the BIA, but FHWA
does not have the data to estimate the reduction in costs that would
result from this rulemaking. The Agency requested comment in the NPRM
on any impacts that could result from removing the provisions
identified, but did not receive any additional information.
These changes would not adversely affect, in a material way, any
sector of the economy. In addition, these changes would not interfere
with any action taken or planned by another agency and would not
materially alter the budgetary impact of any entitlements, grants, user
fees, or loan programs. Consequently, a full regulatory evaluation is
not required.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This final rule is an E.O. 14192 deregulatory action. Cost-savings
are not quantified.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) (as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996; 5
U.S.C. 601 et seq.), agencies must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). No regulatory
flexibility analysis is required, however, if the head of an agency or
an appropriate designee certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
FHWA has concluded and hereby certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities; therefore, an analysis is not included. This rule would only
remove obsolete regulations that had provided for the development and
implementation of management systems for the Indian Reservation Roads
program funded under FLHP, as required by an outdated and superseded
statutory provision.
D. Unfunded Mandates Reform Act
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) for
State, local and Tribal governments, or the private sector of $100
million or more in any one year, adjusted for inflation. Thus, the rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in E.O. 13132. FHWA has determined that this action
does not have sufficient federalism implications to warrant the
preparation of a federalism assessment. FHWA has also determined that
this action does not preempt any State law or State regulation or
affect the States' ability to discharge traditional State governmental
functions.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid OMB control number. This rule is
deregulatory and so would not impose any additional information
collection requirements.
G. National Environmental Policy Act
FHWA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA) and has determined that it is categorically excluded
under 23 CFR 771.117(c)(20), which applies to the promulgation of
rules, regulations, and directives. Categorically excluded actions meet
the criteria for categorical exclusions under 23 CFR 771.117(a) and
normally do not require any further NEPA approvals by FHWA. This rule
would remove requirements regarding
[[Page 51112]]
management systems that are currently outdated. FHWA does not
anticipate any adverse environmental impacts from this rule, and no
unusual circumstances are present under 23 CFR 771.117(b).
H. Executive Order 13175 (Tribal Consultation)
E.O. 13175 requires Federal agencies to consult and coordinate with
Tribes on a government-to-government basis on policies that have Tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. FHWA has assessed the impact of this rule
on Indian Tribes and determined that since this rulemaking would only
remove outdated regulations that deal with a program that has been
superseded by the TTP, this rulemaking would not have Tribal
implications that require consultation under E.O. 13175 or DOT Order
5301.1A. This rule would only remove obsolete regulations, previously
required by an outdated and superseded statutory provision. To the
extent that FHWA and Federal land management agencies agree that
management systems are appropriate for certain facilities, such systems
can be implemented without the need for regulations under the
authorities provided by TTP (23 U.S.C. 202), FLTP (23 U.S.C. 203), and
FLAP (23 U.S.C. 204)
I. Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
the spring and fall of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
J. Rulemaking Summary, 5 U.S.C. 553(b)(4)
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://www.regulations.gov">www.regulations.gov</a>, under the docket number.
List of Subjects in 23 CFR Part 973
Bridges, Congestion management, Grant programs--transportation,
Highways and roads, Indian Reservation roads, Management systems,
Pavement management, Public lands, Safety management, Transportation.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Sean McMaster,
Administrator, Federal Highway Administration.
PART 973--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble, under the authority of 23
U.S.C. 315, FHWA removes and reserves 23 CFR part 973.
[FR Doc. 2025-19903 Filed 11-14-25; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on November 17, 2025.
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