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:

 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 The acronym is MAP-21. The legislation, along with additional information, can be found on FHWA's website at:  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, 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 ◦ 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? 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.

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

The amount available for the Tribal Transportation Program. DRAFT $291.6 million

MAP-21 FY13 Distribution Percentages DRAFT 23.2%

Regional TTP Authority

 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 2 nd 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%)

Regional Inventory Report 5/14/2012 DataClassification RegionTotal Routes Routes Missing Data % Missing Data Total Routes Total Classified% Classified Routes changing classification % changing Classification Great Plains % % % Southern Plains % % % Rocky Mountain % % % Alaska % % % Midwest % % % Eastern Oklahoma % % % Western % % % Pacific % % % Southwest % % % Navajo % % % Northwest % % % Eastern % % % TOTALS % % %

 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:

 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 ◦  Mr. Bob Sparrow – FHWA’s Tribal Transportation Program Manager ◦