MAP-21 Formula Briefing Preliminary DRAFT

Moving Ahead for Progress into the 21 st Century (MAP-21) MAP-21 was passed by Congress and signed by the President on July 6, Public Law Two year authorization: FY 2013 and FY2014 – Effective Date to Program – October 1, 2012 Current Programs continue for the rest of FY 12 DRAFT

Tribal Transportation Program Overview Section 1119: Federal Lands and Tribal Transportation Programs Section 1123: Tribal High Priority Projects Program Main Components –IRR becomes “Tribal Transportation Program” –Consolidation of programs –New Set Aside dedicated to Tribal safety –New formula for fund distribution Four Year Transition –New approach to High Priority Projects Program DRAFT

TTP - Funding Formula Authorized level - $450,000,000 Set-Asides –Planning – 2% (max. $9 million) Implement planning procedures that are consistent with the planning processes required under Sections 134 and 135. –Bridge Priority Program – 2% ( max. $9 million) –Safety – 2% (max. $9 million) –PM&O – 6% ($27 million) DRAFT

TTP - Funding Formula After applying five* set-asides –2% each for Planning, Bridge, and Safety –6% for PM&O –Tribal Supplemental Allocation DRAFT

TTP - Funding Formula 27% in the ratio that the total eligible mileage in each tribe bears to the total eligible mileage of all American Indians and Alaska Natives. –Eligible mileage shall be computed based on the following facilities in the FY12 inventory: Roads included in the Bureau of Indian Affairs system inventory prior to October 1, 2004 Roads owned by Indian tribal governments Roads owned by the BIA. DRAFT

TTP - Funding Formula 39% in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaska Natives. –Population is computed using the most recent data available under the Native American Housing Assistance and Self-Determination Act of 1996 DRAFT

TTP - Funding Formula 34% –Initially divided equally among each of the 12 BIA Regions Distributed to each Tribe within a region based on the Tribe’s percentage of the regional total of RNDF and PAF that it received from 2005 to DRAFT

TTP – Tribal Supplemental Funding Amount made available for the TTP: –Less than or equal to $275 million 30% of such amount –More than $275 million $82.5 million plus 12.5% of amount in excess of $275 million –For FY13 and FY14, this equals $104,375,000 Distribution (regional) –Initial – To each of the 12 BIA Regions based on proportion of regional total to national total using the new statutory formula –Then - Distributed to tribes within a region that receive less in current FY (new formula) as compared to FY11 in order to attempt to keep the Tribes at their FY11 level. Distribution to those tribes will be in proportion to their share of the combined amount within the region DRAFT

TTP – Tribal Supplemental Funding –Ceiling For tribes that are eligible under the supplemental program, the total funds received from the Formula and Supplemental funding cannot exceed the amount that the tribe received in FY11. –Remaining Funds If tribal supplemental funding remains available in a region after all of the region’s tribes are made ”whole to their FY11 funding levels”, then the excess funds will be distributed amongst all of the tribes within that region in proportion to the combined regional tribal shares received. DRAFT

Transition 4 year transition with increments of 20%/year FY 13 – 80% in the ratio that the amount allocated to each tribe for FY11 bears to the total amount allocated to all tribes for that fiscal year – The remainder is tribal shares based on new formula FY14 – 60% old and the remainder is tribal shares based on new formula FY15 – 40% old and the remainder is tribal shares based on new formula FY16 and thereafter – 20% old and the remainder is tribal shares based on new formula DRAFT

MAP-21 Funding Formula § 202. Tribal transportation program – (b) Funds Distribution (3) Basis for Funding Formula – (A) Basis or Subparagraph “A” – (B) Tribal Shares or Subparagraph “B” – (C) Tribal Supplemental Funding or Subparagraph “C” 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 Program – $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 Program – $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

The amount available for the Tribal Transportation Program. DRAFT

Example: FY2013, MAP-21 DRAFT NOTE: Obligation Limitation and other reductions from annual appropriations apply, TTP is not exempt. Reduction not shown here. Ob. Limit varies by FY.

Example: MAP-21 Fund Formula Breakout DRAFT

SUBPARAGRAPH A DRAFT

Example: For FY2013, per 23 USC (b)(3)(A)(i)(I)(aa) DRAFT $ Millions $ 69.3 Not Used in MAP-21 80% of FY2011 Tot $ 80% FY2011 Allocation: $346 M The FY2011 Relative Need Distribution Factor share plus the Population Adjustment Factor share make up the “FY2011 Allocation”. 80 % of $346 M: $277.4 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.

23 USC (b)(3)(A)(i)(I)(aa) & (bb) DRAFT (i) After making the set asides authorized under subparagraph (C) and subsections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows: (I) For fiscal year 2013— (aa) for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb) the remainder using tribal shares as described in subparagraphs (B) and (C). $277.4 $14.2 Million, $ (aa) (bb) Authorized Amt: $291.6 M

Example: MAP-21 Formula Components DRAFT Subparagraph B Subparagraph C Subparagraph A application: Formula based on historic allocation from FY2011 RNDF/PAF

SUBPARAGRAPH B DRAFT

Example: MAP-21 Formula Components DRAFT Formula basis from Subparagraph “B” 27% of eligible roads from facility inventory: BIA system miles prior to Oct. 1, 2004 and BIA and Tribal roads up through FY2012 final inventory 39% of population a tribe bears to the total population nationally 34% (after dividing evenly among the 12 Regions) of the ratio of allocation percentages from FY2005 through FY2011 bears to the national allocation percentage from FY2005 through FY2011.

SUBPARAGRAPH C DRAFT

Example: MAP-21 Formula Components DRAFT Formula basis from Subparagraph “C ” Distributed to tribes within a region that receive less in current FY (new formula) as compared to FY11 in order to attempt to keep the Tribes at their FY11 level. Distribution to those tribes will be in proportion to their share of the combined amount within the region For tribes that are eligible under the supplemental program, the total funds received from the Formula and Supplemental funding cannot exceed the amount that the tribe received in FY11. If tribal supplemental funding remains available in a region after all of the region’s tribes are made ”whole to their FY11 funding levels”, then the excess funds will be distributed amongst all of the tribes within that region in proportion to the combined regional tribal shares received

BACK TO SUBPARAGRAPH A DRAFT

Example: MAP-21 Formula Components DRAFT Formula basis for application of Subparagraph “A” Formula based on historic allocation from FY2011 RNDF/PAF FY2011 % shares x $277.4 M $ Millions 80%

Example: MAP-21 Fund Formula Breakout DRAFT