Transcript 25 CFR 170

Indian Reservation Roads Program
Coordinating Committee
BIA/FHWA Regional Engineers Meeting
February 2, 2006
Orlando, FL
IRR Program Coordinating
Committee (25 CFR 170.155)
Indian Reservation Roads Program
Coordinating Committee Nominations
Federal Register Notice was
Published in Jan 2005 requesting
nominations from tribes.
43 Candidates were submitted in
total
Indian Reservation Roads Program
Coordinating Committee under 25 CFR
170.155-158
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The Secretary of the Interior seeks nominations for tribal regional
representatives to the IRR Program Coordinating Committee.
Authority: 25 CFR 170 include:
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Establishing a committee to provide input and recommendations to the
Bureau of Indian Affairs (BIA) and the Federal Highway Administration
(FHWA)
Develop IRR Program policies, procedures and to coordinate with and obtain
input from tribes, BIA and FHWA
The Secretary will accept only nominations for tribal
representatives and alternates officially selected by tribes in each
of the 12 BIA regions.
Supplementary Information
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The IRR final rules amending 25 CFR Part 170, effective November
13, 2004, are the result of negotiated rulemaking between tribal and
Federal representatives under the Transportation Equity Act for the 21st
Century (TEA-21).
IRR final rules state that the Secretary of the Interior and the Secretary
of Transportation establish an IRR program Coordinating Committee
Provide input and recommendations to BIA and FHWA in developing
IRR Program policies and to coordinate with and obtain input from
tribes, BIA, and FHWA.
The Committee will consist of 12 regional representatives and two nonvoting Federal representatives (from BIA and FHWA).
One alternate from each BIA region will attend Committee meetings in
absence of tribal region representative.
The Secretary must select regional tribal representatives and
alternates from nominees officially proposed by the region’s tribes.
IRR Program Coordinating Committee
Responsibilities
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Responsibilities are to provide input and recommendations to
BIA and FHWA during the development or revision of:
BIA/FHWA IRR Program Stewardship Plan;
IRR Program policy and procedures;
IRR Program eligible activities’ determinations;
IRR Program transit policy;
IRR program regulations;
IRR management systems policy and procedures;
IRR Program fund distribution formula (under 25 CFR 170.157);
National tribal transportation needs;
The Committee also reviews and provides recommendations on
IRR Program national concerns, including implementation of 25
CFR 170, as amended.
IRR Program Coordinating Committee Role
in the Funding Process
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The Committee will provide input and recommendations to BIA
and FHWA for:
New IRR inventory data format and form;
Simplified cost to construct (CTC) methodology (including formula
calculations, formula program and design, and bid tab methodology);
Cost Elements;
Over-design issues;
Inflation impacts on $1 million cap for the Indian Reservation Roads High
Priority Project (IRRHPP) and Emergency Projects (including the IRRHPP
Ranking System and emergency/disaster expenditures report);
The impact of including funded but non-constructed projects in the CTC
calculation.
IRR Program Coordinating Committee
Conduct of Business
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The Committee will hold two meetings per year.
The Committee may call additional meeting(s) with the consent of
one-third of Committee members.
BIA or FHWA may call additional meeting(s).
A quorum consists of eight voting Committee members.
The Committee will operate by consensus or majority vote, as the
Committee determines in its protocols.
The Committee must elect a Chair, Vice Chair and other officers
among its membership.
Officers will be responsible for preparing and conducting
Committee meetings and summarizing meeting results.
Any Committee member can submit an agenda item to the
Committee Chair.
IRR Program Coordinating Committee
Reporting Requirements and Budget
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The Committee must keep the Secretary and tribes informed
through an annual accomplishment report provided within 90 days
after the end of each fiscal year.
The Committee’s budget, funded through the IRR Program
management and oversight funds, will not exceed $150,00
annually.
IRR Coordinating Committee
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Primary
Pete Red Tomahawk, Standing Rock Sioux Tribe, Great Plains Region
Chuck Tsoodle, Kiowa Tribe, Southern Plains Region
John Smith, Wind River Tribes, Rocky Mountain Region
Sam Thomas, Craig Indian Community, Alaska Region
James Garrigan, Red Lake Band of Chippewa Indians, Midwest
Region
Melanie (Fourkiller) Knight, Cherokee Nation of Oklahoma, Eastern
Oklahoma Region
Erin S. Forrest, Hualapai Tribe, Western Region
Bo Mazzetti, Reservation Transportation Authority, Pacific Region
Royce Gchachu, Pueblo of Zuni, Southwest Region
Sampson Begay, Navajo Nation, Navajo Region
Michael Marchand, Confederated Tribes of the Colville, Northwest
Region
Clint Hill, Oneida Indian Nation, Eastern Region
IRR Coordinating Committee
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Alternates
Ed Hall, Three Affiliated Tribes of Mandan, Hidatsa and Arikira, Great
Plains Region
Tim Ramirez, Prairie Band Potawatomi Nation, Southern Plains Region
C. John Healy, Sr., Fort Belnap Indian Community, Rocky Mountain
Region
Wayne Lukin, Native Village of Port Lions, Alaska Region
Alof Olson, Mille Lacs Band of Ojibwe Indians, Midwest Region
Robert Endicott, Cherokee Nation of Oklahoma, Eastern Oklahoma
Region
Kent Andrews, Salt River Pima Maricopa Indian Community, Western
Region
Peggy O’Neill, Yurok Tribe, Pacific Region
Ed Little, Mescalero Apache Tribe, Southwest Region
Wilfred Frazier, Navajo Nation, Navajo Region
Kirk Vinish, Lummi Nation, Northwest Region
No candidates submitted, Eastern Region
Update on Committee Activities
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Established: September 8, 2005
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12 Primary
11 Alternate
Federal Register Notice published initial
appointment lengths:
Update on Committee Activities
(Cont.)
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Orientation Meeting held Sept 27-28, 2005,
Albq. NM
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Protocols developed (awaiting signature of BIA)
Leadership established:
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Chairman: Pete Red Tomahawk, Great Plains Region
Vice Chairman: Sampson Begay, Navajo Region
Secretary/Treasurer: John Healy Sr., Rocky Mountain Region
Roles and Responsibilities of Federally appointed
commimttees
Update on Committee Activities
(Cont.)
Orientation Meeting of the Indian Reservation Roads
Program Coordinating Committee
Albuquerque, NM
September 27-28, 2005
Tuesday, September 27, 2005
Overview of the IRR Program
Overview of the Federal Lands Highway Program
IRR Program Regulations, 25 CFR 170
What is the IRR Program Coordinating Committee?
Brief Update of SAFETEA-LU
Committee Responsibilities
Wednesday, September 28, 2005
Executive Session
Update on Committee Activities
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2nd
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(Cont.)
Meeting: November 15-17, 2005
Barona Valley Resort, Barona CA
Protocols Established and Approved
Budget Established:
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FY2005 Carryover:
FY2006 :
$150,000
$150,000
Key IRR Issues list from BIA/FHWA
Discussion of committee administrative support
(travel, meeting notes, report writeup, assignments)
Participation in IRR Safety Summit
Executive Session of Committee in Albq, NM to
address priority issue: Minimum Attachments for Road
Inventory Field Data System (RIFDS)
Update on Committee Activities
(Cont.)
3rd Meeting, Executive Session, Albq, NM
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Wednesday, November 30, 2005
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Update on Program News
FY2006 Appropriations
Update of Funding for FY2006
IRR Inventory Update Process/Procedures
Overview of the Road Inventory Field Data System (RIFDS)
Tribal Transportation Allocation Methodology (TTAM) and RIFDS
Thursday, December 1, 2005
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IRR Inventory Update Attachments: Examples
Minimum Requirements for Attachments
Data review from RIFDS on attachments.
Closing discussion, next step
Recommendations for Minimum Requirements for Attachments
Recommendations of IRRPCC
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Long-range transportation plan (LRTP): Approved by IRRPCC 12/1/05.
 Is it required? Yes
 Recommendation: Policy language is adequate with clarification to the Regional
Engineers that the only requirements are what is stated in the Minimum
Requirements for Attachments (October 15, 2004 version).
 Justification: 170.225 is clear that the IRR Inventory is derived from the LRTP.
Tribal Resolution or Official Authorization: Approved by IRRPCC 12/1/05.
 Is it required? Partially.
 Recommendation: Strike the granting of right-of-way or easements portion from
this requirement. Add “other Official Authorization” to the matrix.”
 Justification: Not required at this point until construction (25 CFR Part 170).
Strip Maps: Approved by IRRPCC 12/1/05.
 Is it required? Yes.
 Recommendation: The IRRPCC is interpreting 170.445 to mean that a strip map
must illustrate the state, county, tribal, and congressional district boundaries.
Secondly, the strip must include the overall dimensions of the facility and the
accompanying inventory data. However, a strip map is not required for minor
updates that do not require resectioning or a change in physical location of the
route if one already exists.
 Justification: The policy requirements are not clear on the illustration issue but are
duplicative for minor updates.
Recommendations of IRRPCC
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(Cont.)
ADT Backup Documentation: Approved by IRRPCC 12/1/05.
 Is it required? Yes.
 Recommendation: Clarify the policy language to reflect that a count is
required only when the ADT is changed. Further, the policy language
needs to indicate the appropriate places to place the counters (e.g. not
required on bridges between sections, etc.). If the road is proposed, the
ADT impractical to acquire, or a current ADT does not exist, then BIA
will assign a default current ADT and calculate future ADT by projecting
the default current ADT at 2 percent per year for 20 years.
 Justification: The existing language is open to too many interpretations.
Typical or Representative Section Photo or Bridge Profile Photo: Approved
by IRRPCC 12/1/05.
 Is it required? No.
 Recommendation: Remove existing language and include language that
this requirement is optional.
 Justification: Not required for the Inventory submissions.
Incidental Cost Verification: Approved by IRRPCC 12/1/05.
 Is it required? Yes.
 Recommendation: Clarify that the analysis and justification does not
have to be provided by an engineer, however, the analysis and
justification must be specific to the transportation facility(s) submitted.
 Justification: Engineering does not occur until construction and
therefore is unnecessary for IRR Inventory submissions.
Recommendations of IRRPCC
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Statement of Inability to Provide Funding: Approved by IRRPCC 12/1/05.
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Is it required? Yes.
Recommendation: The policy language should be clarified to reflect that this
document is required only if the tribe is requesting the CTC and VMT for a facility
be funded at 100%. In addition, change the language “state or owner” to “public
authority”.
Justification: This change is necessary to clarify and be consistent with the
language and intent of 25 CFR Part 170, Appendix C to Subpart C.
MOA Owner Agreement: Approved by IRRPCC 12/1/05.
Is it required? Partially
 Recommendation: Delete the title here and in the matrix and replace it
with Acknowledgement of Public Authority Responsibility. In addition,
delete the existing language and replace it with language that specifies
the public authority responsible for maintenance of the facility.
 Justification: The ownership of rights-of-way is not same for all tribes
across the country. However, tribes may enter into MOA’s at their
discretion but it is not required for inventory submissions.
Final recommendation: Upon acceptance of these recommendations,
representatives of the IRRPCC meet with the 12 Regional Engineers to go
over the changes.
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Is it required? Yes.
Recommendation: The policy language should be clarified to reflect that this
document is required only if the tribe is requesting the CTC and VMT for a facility
be funded at 100%.
Justification: This change is necessary to clarify the intent of 25 CFR Part 170,
Appendix C to Subpart C.
Verification of Federal Aid Category: Approved by IRRPCC 12/1/05.
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(Cont.)
Recommendations of IRRPCC
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MOA Owner Agreement: Approved by IRRPCC 12/1/05.
Is it required? Partially
 Recommendation: Delete the title here and in the matrix
and replace it with Acknowledgement of Public Authority
Responsibility. In addition, delete the existing language
and replace it with language that specifies the public
authority responsible for maintenance of the facility.
 Justification: The ownership of rights-of-way is not same
for all tribes across the country. However, tribes may
enter into MOA’s at their discretion but it is not required
for inventory submissions.
Final recommendation: Upon acceptance of these
recommendations, representatives of the IRRPCC meet with
the 12 Regional Engineers to go over the changes.
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(Cont.)
Schedule
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Next Meeting
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February 21-22, 2006
Tulsa, OK; Cherokee Resort and Casino
Issues/Concerns List (partial)
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Road Inventory:
Attachments for final acceptance of sections/routes into road inventory.
Number of returns to region
Cost data (conversion from cost to improve methodology to cost to construct)
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Cost indices
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Base cost vs inflated
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Data used in past formula runs
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Funding source for tribes to update inventory
Implementation of regulations:
IRRHPP
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Methodology for ranking
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Application process
Formula (TTAM)
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Inconsistent funding flow and availability
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Dependcncy of road inventory factors on implementation
Changes in percentages from old formula to new formula
General data appeals
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Timeline
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Do nothing option
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Tribal vs region
New Law – SAFETEA-LU
Contracting with FHWA
Road Maintenance provision 25%
National Transportation Facility Inventory (2 years)
Updating regulations
Funding source for tribes for new FHWA inventory report
Transit
Training