Tribal Transportation Program Questions & Answers

Report
22nd Annual BIA Providers Conference
Anchorage, AK
11/27/12

Questions, Answers, and Information on the Tribal
Transportation Program (TTP) found in MAP-21:
◦ General;
◦ Funding; and
◦ Other Programs and Activities
Information is posted at:
http://www.fhwa.dot.gov/map21/qandas/index.cfm

Where can I get access to the final legislation?
◦ Answer: The legislation is known as the Moving Ahead for
Progress in the 21st Century Act, Public Law 112-141. The
acronym is MAP-21. The legislation, along with additional
information, can be found on FHWA's website at:
http://www.fhwa.dot.gov/map21/.

Is the Indian Reservation Roads (IRR) Program
included in MAP-21?
◦ Answer: The IRR program is not provided new funding under
MAP-21. However, the newly established Tribal
Transportation Program (TTP) contains similar provisions and
eligibility requirements as the IRR program.

What is the authorized funding level for the Tribal
Transportation Program?
◦ Answer: The TTP is authorized at $450 million/year, which is
subject to the overall Federal-aid obligation limitation.

How will the TTP funds be administered and
distributed?
◦ Answer: The TTP funds made available will be administered
in accordance with Chapter 2 of Title 23. MAP-21 contains a
statutory formula which replaces the Relative Need
Distribution Factor (RNDF) formula included in Subpart C of
25 CFR Part 170.

Are there any funding set-asides?
◦ Answer: Yes. MAP-21 includes set-asides for the following
programs:




2% for Transportation Planning
2% for Tribal Bridge Program
2% for Tribal Safety Projects and Activities
6% for Program Management and Oversight (PM&O)
 The PM&O is used by BIA and FHWA to carry out stewardship and
oversight of the program, including those functions that are deemed as
being "not otherwise contractible" per Appendix A to Subpart E of 25
CFR Part 170.
 Tribal Supplemental Allocation – To be covered
Formula:
The new formula will calculate tribal shares using
three different factors (as percentages of national or
regional totals):
 27% of funding based on the Tribe's approved road
mileage (national percentage)
 39% of funding based on the Tribe's most recent Native
American Housing Assistance and Self Determination Act
(NAHASDA) population (national percentage)
 34% of funding based on the Tribe's RNDF and
Population Adjustment Factor (PAF) amounts from FY05
to FY11 (regional percentage)

What inventory is used for determining a Tribe's
road mileage?
◦ Answer: The mileage used to generate a Tribe's share of
funding includes the following:
 Any BIA owned road included in the FY12 Inventory;
 Any tribal owned road included in the FY12 Inventory; and
 Any road owned by another entity that was included in the BIA
System of Roads utilized to generate funding prior to October 1,
2004. These are generally known as the “BGE roads."

Tribal Supplemental Allocation:
◦ MAP-21 contains a set-aside for another factor which will be
included in a Tribe's share of TTP funds. The Tribal
Supplemental Allocation, which totals approximately $104
million, will be utilized initially within each Bureau of Indian
Affairs (BIA) Region to supplement those Tribes that
experience a negative impact from the new statutory formula
in any year when compared to the funding a Tribe received
under the old formula in Fiscal Year 2011.
◦ TTP funds are 100% Federal share, and like IRR funds, can be
used to satisfy local match requirements on construction
projects.

Question 7: Is there a transition in implementing the
new formula?
◦ Answer 7: Yes. In FY13, tribal shares will be determined by
adding the Tribe’s:
 A) Share percentage from FY11’s (RNDF plus PAF) from
25CFR170 and applying it to an amount of funding equal to 80%
of the FY11 total (RNDF plus PAF) funding that was provided;
and
 B) Share percentage utilizing the new MAP-21 formula applied to
the remaining funds.
◦ In FY14, the FY11 percentage in A) above is 60%.
◦ In FY15, the FY11 percentage in A) above is 40%.
◦ In FY16 and thereafter, the FY11 percentage in A) above is
20%.
What is 80% of FY11 Shares?
$350
$ 69.3
• The FY2011 Relative Need
Distribution Factor share plus
the Population Adjustment
Factor share make up the
“FY2011 Allocation”.
$200
$100
• 80 % of $346 M:
• $277.4 M
80%
$ 277.4
Millions
$300
• FY2011 Allocation: $346 M
• 23 USC (b)(3)(A)(i)(I)(bb) amount
is identified as the “remainder”
after the available funds less set
asides have been taken off then
less the 80% amt identified
above.
$0
Not Used in MAP-21
80% of FY2011 Tot $
DRAFT
MAP-21, Sec. 1101(a)(3)(A)
• Authorized Amt: $450,000,000
DRAFT
23 USC 202(a)(6)
• Authorized Amt: $450,000,000
• Less BIA/FHWA Admin.:
– $27,000,000 or 6%
DRAFT
23 USC 202 (c)(1)
• Authorized Amt: $450,000,000
• Less BIA/FHWA Admin.:
– $27,000,000 or 6%
• Less Tribal Trans Planning
– $9,000,000 or 2%
DRAFT
23 USC 202 (d)(2)
• Authorized Amt: $450,000,000
• Less BIA/FHWA Admin.:
– $27,000,000 or 6%
• Less Tribal Trans Planning
– $9,000,000 or 2%
• Less Bridge Program
– $9,000,000 or 2%
DRAFT
23 USC 202 (e)(1)
• Authorized Amt: $450,000,000
• Less BIA/FHWA Admin.:
– $27,000,000 or 6%
• Less Tribal Trans Planning
– $9,000,000 or 2%
• Less Bridge Program
– $9,000,000 or 2%
• Less Tribal Safety Funding
– $9,000,000 or 2%
DRAFT
23 USC (b)(3)C)(i)
• Authorized Amt: $450,000,000
• Less BIA/FHWA Admin.:
– $27,000,000 or 6%
• Less Tribal Trans Planning
– $9,000,000 or 2%
• Less Bridge Program
– $9,000,000 or 2%
• Less Tribal Safety Funding
– $9,000,000 or 2%
• Less Tribal Supplemental Fund
– $104,375,000 or 30% of $275 M
plus 12.5% of amount over $275 M
DRAFT
2.0% 2.0%
6.0%
2.0%
23.2%
64.8%
$291.6 million
DRAFT
• The amount
available for the
Tribal
Transportation
Program.
MAP-21 FY13 Distribution Percentages
Percent
2%
6%
PM&O
Planning
Bridge
61.6%
23.2%
Safety
Supplemental
Available for Distribution
with new formula
"80%" of FY11
3.2%
DRAFT
Regional TTP Authority
70
Great Plains
60
Southern Plains
50
Rocky Mountain
Alaska
40
Midwest
E. OK
30
Western
20
Pacific
Southwest
10
Navajo
0
Northwest
2012
2013
2014
2015
2016

How will funding get to the Tribes?
◦ Answer: The funds will be apportioned to FHWA. FHWA will
withhold the funding amount associated with the Tribes
operating under FHWA/Tribal TTP Program Agreements and
will then re-allocate the remainder to the BIA

Does the IRR High Priority Program (IRRHPP)
continue?
◦ Answer: MAP-21 includes a new Tribal High Priority Projects
Program (THPPP). The IRRHPP under 25 CFR Part 170 does
not. However, the THPPP and the IRRHPP are very similar.
The THPPP is not funded through the Highway Trust Fund.
An appropriation is needed from the General Fund before the
THPPP can proceed.



Side by Side comparison to old IRRHPP
$30 million from General Fund
Dates do not apply
◦ Will be a call for projects


Evaluation with same criteria
$1,000,000 limit on project but not tribal
share

Will the IRR Bridge Program Continue to operate under
its current regulations?
◦ Answer: Yes, the TTP Bridge Program will function in the same
manner as the IRR Bridge Program established in SAFETEA-LU.

Can Tribes use TTP funds for maintenance?
◦ Answer: Yes, in accordance with 25 CFR Part 170 and MAP-21,
Tribes may use up to 25% of their TTP funds or $500,000, whichever
is greater, for eligible and approved maintenance activities. These
activities must be included on the Tribe's TIP approved by FHWA.

How will the new Tribal Safety Funding function?
◦ Answer: Two percent of the authorized funding will be made
available to tribes to carry out safety specific activities and projects.
The Draft Guidance has been developed in coordination with the TTP
Coordinating Committee. (Other session)

Projects can be submitted that improve
safety in one or all of the following
categories:
◦
◦
◦
◦

planning activities;
enforcement;
education and outreach; and
engineering projects
Each category of projects/activities will be
ranked separately. Individual funding goals
have been established for each category.

January 4
◦ Issue Call for Projects in the Federal Register

March 1
◦ Tribe submits application to the FLH TTPSF Coordinator

March 31
◦ Review Committee completes review and ranks
applications

April 15 *
◦ Successful applicants will be notified of funds to be
received, unsuccessful applicants notified and fund
distribution process initiated.
* funding distribution may depend upon receipt of TTP funds by FHWA,
all funds will be made available that are appropriated.
•
Proposed 2nd round of projects call in April

Are there additional transportation planning
requirements in MAP-21?
◦ Answer: The transportation planning requirements of the IRR
Program continue in the TTP. Funds must only be expended on
projects and activities identified on an FHWA approved
Transportation Improvement Program (TIP). Road Inventory
data will continue to be a major part of transportation planning.
However, MAP-21 will now require the inspection of all public
bridges, including tribal bridges, and the reporting of data into
FHWA's National Bridge Inspection System (NBIS), which
will be another planning effort.

Is Question 10 (25 C.F.R. 170, Appendix C to
Subpart C) still a factor in the TTP funding
formula?
◦ Answer: Factor in the formula - No. The tribal shares
generated by the TTP funding formula are not influenced by
Question 10.
◦ However, the corrected functional classification of roads is
critical for properly reporting TTP Inventory and the work to
correct them will continue.
◦ In addition, roads unable to be located will be turned off before
the FY12 inventory becomes final so as to not generated
funding.
◦ See following slides

Routes themselves
◦ Reviewed 45,246 routes/sections
◦ Missing Data on 3961 routes/sections (8.7%)

Functional Classifications
◦ Reviewed 45,246 Routes/sections
◦ Classified 41,226 Routes/sections (91.1%)
◦ Need to change 11,212 Routes/sections (27.2%)
5/14/2012
Data
Region
Classification
Routes
% Missing
Total Routes Missing Data
Data
Total
Routes
Total
Classified
% Classified
Routes changing
classification
% changing
Classification
Great Plains
2758
141
5.1%
2758
2617
94.9%
550
21.0%
Southern Plains
2602
220
8.5%
2602
2372
91.2%
765
32.3%
Rocky Mountain
2230
88
3.9%
2230
2142
96.1%
1047
48.9%
Alaska
8164
1044
12.8%
8164
7100
87.0%
1548
21.8%
Midwest
7395
296
4.0%
7395
7104
96.1%
2695
37.9%
Eastern Oklahoma
5015
166
3.3%
5015
4852
96.7%
926
19.1%
Western
2596
220
8.5%
2596
2376
91.5%
310
13.0%
Pacific
1815
334
18.4%
1815
1484
81.8%
339
22.8%
Southwest
2146
213
9.9%
2146
1889
88.0%
802
42.5%
Navajo
4179
33
0.7%
4179
4146
99.2%
547
13.2%
Northwest
3593
834
23.2%
3593
2762
76.9%
1092
39.5%
Eastern
2753
372
13.5%
2753
2382
86.5%
591
24.8%
TOTALS
45246
3961
8.7%
45246
41226
91.1%
11212
27.2%

What is the status of Proposed and Access Roads?
◦ Answer: These too will not impact the funding formula.
However, the final recommendations concerning the necessary
data and information required to be submitted in order to keep
these roads in the inventory will still be requested and the
inventory updated over the course of next two years.

Does FTA provide public transit assistance to Indian
tribes?
◦ Answer: Yes. MAP-21 continues the Public Transportation on
Indian Reservations Program, also referred to as "TTP," under
Chapter 53 of title 49, funded at $30 million.
◦ FTA's Tribal website:
http://fta.dot.gov/grants/13094_3553.html

Regulation Update
◦ 25 CFR 170 (IRR Regulations)





Draft by mid-January
Outreach meetings
NPRM
Additional Outreach meetings
Updated Final Rule by October 1
◦ 23 CFR 661 (IRR Bridge Regulations)
 Will be updated to reflect new program eligibilities

Guidance
◦ Safety Funding
 In final draft form, developed through TTPCC
 Presented at NTTC
◦ High Priority Projects Program
 Being drafted

Fund Distribution
◦ Operating under MAP-21 and a 6-mos Continuing Resolution
 The formula run has been made based on a full year of authority and
the current FY12 Inventory
 Estimated obligation limitation/lop off and ½ year CR was applied to
these numbers in order to determine the tribal share funding available.
 Funding distribution to the Tribes and the BIA Regions has begun.

FY12 Inventory
◦ 99% final.




A few submittals are in an appeal process.
Review of routes not found is being carried out.
Initial focus is on BIA and tribal roads due to MAP-21 formula.
Work will be completed before availability/distribution of the next
round of funding.

Mr. LeRoy Gishi – Chief BIA Division of
Transportation
◦ [email protected]

Mr. Bob Sparrow – FHWA’s Tribal
Transportation Program Manager
◦ [email protected]

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