Tribal Transportation Program Delivery Guide

Tribal Transportation Program Delivery Guide

Tribal Transportation Program Formally known as Indian Reservation Roads Program (IRR) The Tribal Transportation Program (TTP) is an important resource of a Tribe s overall infrastructure investment strategy.

TIMELINE 1928 - Established IRR under the Department of Agriculture Dept. of Interior/State Hwy Agencies 1982 - Federal Lands Highway Program 1991 - ISTEA authorizes 2% for transportation planning,ttaps 1998 - NegReg 2004-25CFR170 Published 2016 - Revised 25CFR170

What is the purpose of the PDG? Intended to be a guide for Tribal Transportation Program administration. First developed for Tribal Governments working under a FHWA Program Agreement Used by both FHWA and BIA Agreements

Where can I find the PDG? Federal Lands Highway https://flh.fhwa.dot.gov/ Bureau of Indian Affairs https://www.indianaffairs.gov/bia/ois/division-transportation

Define Guide/Guidelines something that provides a person with guiding information used the stars as a guide to find their way back https://www.merriam-webster.com/dictionary/guide What is a GUIDELINE? A practice that allows leeway in its interpretation Law Dictionary: http://thelawdictionary.org/federal/

Referenced in 25CFR170 170.450 Environmental and Archeological Requirements 170.454 Design 170.803 Subpart G Maintenance

ARTICLE III RESPONSIBILITIES OF THE TRIBE Section 1. B. the Tribe may, at its sole option, adopt applicable FHWA or BIA policies, procedures, program guidelines and memoranda, or develop tribal policies, procedures, program guidelines and memoranda which meet or exceed federal standards to facilitate operation or administration of any aspect of the programs assumed by or delegated to the Tribe under this Agreement. Source: FHWA TTP Program Agreement (FAST ACT)

The Two Agencies FHWA/BIA Tribal Transportation Program

Two Federal Agencies Administer TTP FHWA-Federal Lands Highway Bureau of Indian Affairs

TTP Funds Distribution BIA OSG BIA DOT Tribal Governments

The Agreement Between Two Governments Processes, Program Agreements, Referenced Funding Agreements

Delivery Options U.S. DOT FHWA FLH U.S. DOI Bureau of Indian Affairs BIA Division of Transportation FHWA Tribal Transportation Program Agreements (TTPA) * Bureau of Indian Affairs (BIA) Regional Offices U.S. DOI Office of Self- Goverance (OSG) Option 1 - BIA Direct Services Option 2 - BIA 638 Contracts Option 3 - BIA Tribal Transportation Program Agreements (TTPA) * Option 4 - Self- Governance Funding Agreements

On Boarding 1. Tribe learns about the Tribal Transportation Program Agreement (TTPA) 2. Tribe submits a Notice of Intent 3. The BIA or FHWA sends to the Tribal Government an e-mail response or letter 1. A description of the On-Boarding process steps 2. A copy of the TTPA template 3. A copy Referenced Funding Agreement 4. Orientation presentation 5. on-boarding orientation checklist

On Boarding 4. Tribe provides additional material 1. Notice of Intent 2. Tribe s organizational charts for their Transportation and Financial Departments 3. Copies of the Tribe s written Financial, Procurement, and Property Management Procedures, if available 4. Audits 5. BIA or FHWA reviews the material submitted in Step 4 6. BIA or FHWA performs a Risk Assessment 7. If approved, then the BIA or FHWA conducts a webinar/conference call with the Tribe s representatives

Retain Services Addendum G2G Contract with the BIA to retain services in certain program delivery. Examples: Design, Project Management, etc.

Reference Funding Agreements Any 23 USC Chapter 2 ERFO Other 202(a)(9) 23USC State Local DOI Maintenance, TIGER, FLAP funds CANNOT be transferred

Reporting PORT - Tribal Transportation Program Online Reporting Tool BIA Annual Report Only FHWA Midyear and Annual Reports https://flh.fhwa.dot.gov/progra ms/ttp/port/ Reporting Schedule for Tribes with FHWA TTP Program Agreements Report Reporting Period Due Date Single Audit Report Annual When completed Financial Report and Progress Reports (using the PORT online reporting system ) Oct 1 through March 31 Oct 1 through Sept 30 Within 90 days of conclusion of reporting period (NLT June 30) Within 90 days of conclusion of reporting period (NLT December 30) Reporting Schedule for Tribes with BIA TTP G2G Agreements Report Reporting Period Due Date Single Audit Report Annual When completed Financial Report using the SF 425 Narrative Report Financial Report and Progress Reports (using the PORT online reporting system ) Semi-annual Oct 1 through March 31 April 1 through Sept 30 Oct 1 through Sept 30 Within 90 days of conclusion of reporting period (NLT June 30) Within 90 days of conclusion of reporting period (NLT December 30) Within 90 days of conclusion of reporting period (NLT December 30)

Transportation Planning

Transportation Planning LRTP Studies Mapping Public Meetings ID System preliminary project planning or project identification studies TTPTIP FHWA TIP CSTIPS Is for the construction of a new route or facility Would significantly change the layout or function of connecting or related roads or streets Would cause a substantial adverse effect on adjacent property Is controversial or expected to be controversial in nature Transportation Planning 170.400-170.420 Transportation Improvement Programs 170.421-170.424 Public Hearings 170.435-170.436

LONG RANGE TRANSPORTATION PLAN (LRTP) The purpose of long range transportation planning is to clearly demonstrate a Tribe s transportation needs and to develop strategies to meet these needs.

Tribal Transportation Improvement Program Based on the LRTP Must be in the RIFDS MUST be financially constrained Is good for 4 years

BIA CSTIPS and FHWA TTIP

Categories in a TTIP Category Administration Planning Preliminary Engineering Construction Guidance Costs associated with Administration may be direct and/or indirect cost related to tribal transportation department operating costs. Indirect costs should match the indirect costs reported by the Tribe in the semi-annual financial report, and follow the indirect cost policy (25 CFR 170.931, and 25 CFR Part 170 Appendix A to Subpart B). See Indirect Costs in Chapter IV - TTP Reporting Responsibilities. Costs associated with Planning are those activities conducted during the Long Range Transportation Planning process (see 25 CFR 170.400-447) i.e. 20 year LRTP, transportation improvement plan development, pre-project planning, etc. Up to 2% of total fiscal year TTP funds as shown on RFA (23 U.S.C. 202(c)), and up to 100% of TTP funds, if identified as a priority on the FHWA-approved TTIP (25 CFR 170.403). Costs associated with developing a project package (see 25 CDR 170.460) i.e. surveying, design, NEPA, technical engineering, ROW acquisition, etc. Budgeted costs are usually between 10-25% of the overall project costs. Funds used for preliminary engineering can be up to 100% of Tribes total fiscal year allocation minus any amounts from other areas. Costs associated with construction activities include but not limited to roadway construction, utility relocation, bridge construction, drainage improvements, etc. Budgeted costs are usually between 60-90% of the overall project cost. Funds used for construction can be up to 100% of Tribes total fiscal year allocation minus any amounts from other areas.

Categories in a TTIP (cont d.) Category Construction Engineering Transit Maintenance Guidance Costs associated with construction engineering include but not limited to, managing the project on/off site, inspection, material testing, etc. Budgeted costs are usually between 10-15% of the overall project costs. Funds used for construction engineering can be up to 100% of Tribes total fiscal year allocation minus any amounts from other areas. Costs associated with transit are documented in the LRTP and include but not limited to, administration, operations, personnel, etc. Costs should be coordinated with the Federal Transit Administration (FTA) if used as matching FTA projects. Funds used for transit can be up to 100% of Tribes total fiscal year allocation minus any amounts from other areas Activities identified as maintenance are located in 25 CFR 170.805. Funds used for maintenance can be up to 25% of total fiscal year TTP Tribal allocation or $500,000, whichever is greater (23 U.S.C. 202(a)(8); 25 CFR 170.800), except for road sealing, which is not subject to any limitation.

Public Involvement Public Notice Public Meeting

Public Involvement - Notice LRTP TTIP Project

Public Notice - LRTP Publish a notice in the local and Tribal public newspapers when the draft LRTP is complete. In the absence of local and Tribal public newspapers, BIA, FHWA, or the Tribe may post notices under locally acceptable practices; and State in the notice: 1. that the LRTP is available for review, 2. where a copy can be obtained, 3. whom to contact for questions, 4. where comments may be submitted, 5. and the deadline for submitting comments (normally 30 days). 25 CFR 170.413

Public Meeting - LRTP Advertise each public meeting in local and Tribal public newspapers at least 15 days before the meeting date. In the absence of local and Tribal public newspapers, BIA, FHWA, or the Tribe may post notices under locally acceptable practices; Provide at the meeting: 1. copies of the draft LRTP; 2. Provide information on funding and the planning process; 3. Provide the public the opportunity to comment, either orally or in writing. 25 CFR 170.413

Public Notice - TTIP (a) The Tribe must publish a notice in local and/or Tribal newspapers when the draft TTIP is complete. In the absence of local public newspapers, the Tribe or BIA may post notices under locally acceptable practices. The notice must indicate: 1. where a copy can be obtained, 2. a contact person for questions, 3. where comments may be submitted, and 4. the deadline for submitting comments. 25 CFR 170.422

Public Notice Project if no hearing is required (1) Project location; (2) Type of improvement planned; (3) Dates and schedule for work; (4) Name and address where more information is available; and (5) Provisions for requesting a hearing. 25 CFR 170.437

Public Hearing The Tribe, or BIA or FHWA after consultation with the appropriate Tribe and other involved agencies, determines whether or not a public hearing is needed for a TTPTIP, a LRTP, or a project. 25 CFR 170.435

Public Hearing A public hearing must be held if a project: 1. Is for the construction of a new route or facility 2. Would significantly change the layout or function of connecting or related roads or streets 3. Would cause a substantial adverse effect on adjacent property 4. Is controversial or expected to be controversial in nature 25CFR 170.435

Meeting vs Hearing Meeting 1. Disseminates information 2. Part of the Planning Process 3. Answering public questions Hearing 1. Used before final decisions 2. May occur as part/purpose of a meeting 3. Record public testimony or comments

QUESTIONS