A Chronology Tribal Transportation Self Governance Program (TTSGP) FHWA Tribal Transportation Program Workshop 4-3-2019 By Chief Kay Rhoads, Sac & Fox Joe Garcia, Head Councilman, OO Co-Chairs TTSGP Neg Reg Committee

Review of FAST Act On December 4, 2015, On Friday, December 4, 2015, President Obama signed the Fixing America’s Surface Transportation (FAST) Act into law, expanding Self-Governance beyond the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS) for the first time ever now replacing was MAP-21 The Tribal Transportation Program (TTP) is the largest program in the Office of Federal Lands Highway. Established in 23 U.S.C. 202 to address the transportation needs of Tribal governments throughout the United States, the program is receiving $465 million in FY 2016, with increases of $10 million per year to $505 million in FY 2020, as established in Public Law 114-94, Fixing America's Surface Transportation Act (the FAST Act). The FHWA announced its intent to establish a negotiated rulemaking committee to develop a proposed rule to carry out the Tribal Transportation Self-Governance Program (TTSGP) as required by Section 1121 of the Fixing America’s Surface Transportation (FAST) Act

FAST ACT TTSGP BRIEF Description As required by the FAST Act, The Tribal Transportation Self-Governance Program (TTSGP) Negotiated Rulemaking Committee was established pursuant to the Fixing America’s Surface Transportation (FAST) Act, P.L. 114-94. The purpose of this Committee was to develop proposed regulations to carry out the TTSGP in accordance with 23 U.S.C. 207. The Committee was charged with the responsibilities set forth in Section 1121 of that Act and the Negotiated Rulemaking Act, which include developing the Notice of Proposed Rulemaking (NPRM), receiving and reviewing public and government comments, and finalizing a recommended final rule that contains the regulations required to carry out the TTSGP. The TTSGP Committee evaluated and adopted protocols that would serve to adapt the negotiated rulemaking to this unique context. These protocols and meeting procedures were developed in consensus, and in good faith, with the Federal Partners in August 2016 to promote the negotiations process.

Notes from Protocols Section VI. SAFEGUARDS FOR THE COMMITTEE MEMBERS A. Good Faith. B. Committee Member Diligence. C. Cooperative Communications.

For Continuing efforts Chronology of Negotiated TTSGP (Dec 2015- Dec 2018) Other Calls, Webinars, Meeting Other Calls, Webinars, Meeting Neg Reg Federal Register Published REQUESTED Extension New Federal Register Dec 2017 Meeting in Sterling, VA 1/8-12/18 Convening Of Full Committee Proposed Rule Publication Neg-Reg Committee Named No Mtgs For 1 year Final Rule REQUESTED Extension Mtg in Atmore No Quorum Dec Tribes made NUMEROUS Requests For Continuing efforts Planned Mar 5 2018 Dec 2015 May- June 2016 Sept -Nov 2016 Jan 2018 Dec 2016 Sep 2017 Dec 2017 Dec 2018

DEAD Time on Neg-Reg by DOT Chronology of TTSGP Negotiated Rulemaking (Jan 2018 – Aug 2018) Requests for meetings Letters from Self Governance Conference requesting Meetings Meeting @DOT Wanted to proceed with their version of Rules ALERTS Tribes request LEGISLATION TO Proceed Other Calls, Webinars, Feb 12 Meeting DC Proposed Rule Publication Webinar 6/11 Tribes disrespected MUTE MODE ALERTS Tribes agreed Not to proceed Follow Up ACTION WAS PROPOSED Missed the Deadline DEAD Time on Neg-Reg by DOT Mar 5 2018 Jan 2018 Feb 2018 April 2018 June ---- 2018 July 2018 Aug 2018 HR 6414 President Signed Aug 16

Tribal team in discussions Chronology of TTSGP Negotiated Rulemaking (Sep 2018 – Feb 2019) Planned Submit DRAFT Proposals PLANNED Publish Rules Calls, Webinars, Nov 12 Meeting DC SUCCESSFUL Meeting in Shawnee, OK Meeting Scheduled in Scotsdale, AZ Jan 27-31 CANCELLED FED GOV’T SHUTDOWN Federal Mediators Engaged Follow Up ACTION PROPOSED DELAYS Tribal team in discussions Aug 2018 Nov 2018 Jan-Feb 2019 Mar 19 2019 April 2018 June ---- 2019 Nov 2019 Dec 2019 Next steps

Shawnee Meeting All Agreed TOMove FORWARD ISDEAA Provisions Not Applicable to (in Conflict with) §207 Negotiating Funding Agreements and Compacts Contract Support Costs: Facility Leases: Appeals and Dispute Resolution Regulatory Waivers and Streamlining Congressional and Secretarial Policy Limitations on Secretarial Actions Related to Transfers of Funds Property Management Systems and Standards, Disposition of Federal Property Respective Roles and Functions in Implementing the Program: Officials/Offices, Consultants, and Advisory Council Effect of TTSGP on TTP Program Agreements, Tribal Rights, and Current Agreements Effects of Sec. 207 on DOT Authority – Formula and Discretionary/Competitive Grants, Consolidation, Redesign. Technical Assistance (TA) DEFINITIONS LEASES AND FEDERAL SOURCES OF SUPPLY

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