IRR Program, Inventory
 and Funding Formula
       Update
     TRIBAL TRANSPORTATION AT A
  CROSSROAD: TRIBAL LEADERS FORU...
Presenters
• Mr. LeRoy Gishi
  Chief – BIA Division of Transportation
  Washington, DC
  202-513-7711
  leroy.gishi@bia.go...
IRR Program Update
Reauthorization
• Both SAFETEA-LU and the DOT Appropriations
  expired September 30
  – Currently operating under 31 day E...
How are Federal Highway
     Programs funded?
     Authority                Limitation
Highway Authorizations   DOT Approp...
IRR Program Funding
• In FY09
  – $45 million in August Redistribution
    • Will be returned to those Tribes that submitt...
IRR Bridge Program
• FY09
  – 13 BIA Bridges       $9.6 million
  – 11 non-BIA Bridges   $3.5 million
• Total since FY98
 ...
ARRA
• $310 million made available
  – 186 tribal ARRA IRRTIPS approved for more than
    $200 million (67%)
  – Full obli...
Program Risks
• Fund Availability
   – Per formula, redistribution in 2010
   – Strict control, required documentation
• F...
ARRA Redistribution
• DOT Secretary given authority in ARRA to
  redistribute any unobligated funds within
  the program a...
ARRA Redistribution
• Expect a call for projects in December.
• Projects evaluated and ranked prior to
  Feb. 17, 2010.
• ...
IRR National Inventory II
• Scope of work
  – To develop policy and standards for the inventory,
    and to address trust ...
FHWA Leadership
• Administrator
  – Victor Mendez - AZ
• Deputy Administrator
  – Greg Nadeau - ME
• Executive Director
  ...
The IRR Inventory and the Funding
            Formula
• The most notable issue in the Indian
  Reservation Roads (IRR) Pro...
IRR Program (Pre-2005)
• The IRR Program was a BIA Regional priority
  program
   – the only routes that generated funding...
IRR Program Today
• In FY2005, new regulations (25 CFR 170) were
  implemented as a result of Negotiated
  Rulemaking.
  –...
Implementation of Formula
• Since FY2005, when the IRR Program
  regulations were finalized, portions of the
  regulations...
Implementation of Formula (cont.)
•   10. Do All IRR Transportation Facilities in the IRR Inventory Count at
    100 Perce...
Implementation of Formula (cont.)
• Summary
 – Not all roads may generate 100% of CTC and
   VMT, the exceptions are descr...
Observing A Trend
• Results:
  – Inventory growth since FY2005 has been
    primarily in routes other than BIA or Tribal.
...
Observing A Trend
                                     Public Authority Responsible for Maintaining/Improving Roads
Fiscal...
IRR Mileage
80000
70000
60000
50000                               BIA & Tribal
40000                               County ...
% IRR Fund Distribution
            (CTC and VMT only)
70

60

50

40                                      BIA & Tribal
  ...
Recognizing a Problem and
         Seeking a Solution

• 25 CFR 170 established the IRR Program
  Coordinating Committee (...
Role of IRRPCC
• The IRRPCC has reviewed and discussed this
  issue over the past years and has not able to
  come up with...
27
Summary
• Recognizing a Problem
  – Because of the significant increase in mileage
    being added to the inventory and th...
Summary
• Seeking a solution.
  – A preliminary Federal recommendation has
    been developed that closely coincides to th...
Data Runs
       (Using FY 07‟ Inventory Data)
• Run 1 – Baseline
  – Current implementation
    • (similar to FY 05‟, 06‟...
Data Runs
       (Using FY 07‟ Inventory Data)
• Run 2
  – Ownership 1 & 2        100% CTC and VMT
  – Ownership 5, Class ...
Requested Data Cont‟d
• Run 4
  – Ownership 1 & 2   100% CTC and VMT
  – Ownership 4 & 5   Non-Federal Share
  – All Other...
Comparison of DATA RUNS

REGION                BASELINE                    RUN 1                       RUN 3              ...
Preliminary Federal
            Recommendation
• The percentage of CTC and VMT used in
  the RNDF calculation is as follow...
Preliminary Federal
           Recommendation
• Con‟t
  – (c) For facilities not included in (a) or (b)
    above - The pe...
36
Preliminary Federal
               Recommendation
• In brief:
  – (a) Roads owned by BIA and Tribal
    Governments for al...
Preliminary Federal
          Recommendation
– (b) For facilities identified in the IRR Inventory
  as Ownership 5 (County...
Preliminary Federal
           Recommendation
– (d) Class 1 roads for all road ownership other
  than BIA or Tribal which ...
Preliminary Federal
             Recommendation
• Results
  – Roads owned by BIA and Tribes – 100%;
  – Roads owned by oth...
41
Federal Share
• The Federal Share referred to here is the
  maximum percentage of a project‟s cost
  for which Federal fun...
43
Non-Federal Share
• The Non-Federal Share referred to here is
  the minimum percentage of a project‟s
  cost for which sta...
45
Comparison of DATA RUNS

REGION                BASELINE                    RUN 1                       RUN 3              ...
Future Issues
• The IRRPCC is also working to address
  the following:
  – How to determine lengths of eligible routes
   ...
Contacts
• Mr. LeRoy Gishi
  Chief – BIA Division of Transportation
  Washington, DC
  202-513-7711
  leroy.gishi@bia.gov
...
Comments


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BIADOT Transportation Presentation Oct11 09
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IRR and ARRA update presented to NCAI Oct. 9, 2009

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BIADOT Transportation Presentation Oct11 09

  1. 1. IRR Program, Inventory and Funding Formula Update TRIBAL TRANSPORTATION AT A CROSSROAD: TRIBAL LEADERS FORUM ON THE CURRENT STATE OF TRIBAL TRANSPORTATION National Congress of American Indians Palm Springs, CA 10/11/09 1
  2. 2. Presenters • Mr. LeRoy Gishi Chief – BIA Division of Transportation Washington, DC 202-513-7711 leroy.gishi@bia.gov • Mr. Robert Sparrow FHWA - IRR Program Manager Washington, DC 202-366-9483 robert.sparrow@dot.gov
  3. 3. IRR Program Update
  4. 4. Reauthorization • Both SAFETEA-LU and the DOT Appropriations expired September 30 – Currently operating under 31 day Extension and Continuing Resolution (CR) • What does this mean? – Continues FY09 funding levels – 8.5% of funds being made available – Additional extensions and continuing resolutions could result in negative impacts to the FY10 program delivery. • Administration is developing a Reauthorization proposal.
  5. 5. How are Federal Highway Programs funded? Authority Limitation Highway Authorizations DOT Appropriations Bills Multiple Year Single Year Extensions Continuing Resolutions 31 day Extension 31 day CR $35 million $35 million
  6. 6. IRR Program Funding • In FY09 – $45 million in August Redistribution • Will be returned to those Tribes that submitted it back to BIA and FHWA • SAFETEA-LU – $1.88 billion made available – Obligation of over 97%
  7. 7. IRR Bridge Program • FY09 – 13 BIA Bridges $9.6 million – 11 non-BIA Bridges $3.5 million • Total since FY98 – 134 BIA Bridges $74.6 million – 142 non-BIA Bridges $77.7 million • 100% of the funds were obligated
  8. 8. ARRA • $310 million made available – 186 tribal ARRA IRRTIPS approved for more than $200 million (67%) – Full obligation by September 30, 2010 or they expire. • These funds are not subject to the extension or CR. • Funding being provided to Tribes via BIA, OSG, and FHWA. • Reporting requirements and process is still very fluid. • Risk Plan developed
  9. 9. Program Risks • Fund Availability – Per formula, redistribution in 2010 – Strict control, required documentation • Fund Transparency – Collecting and reporting correct data • Project/Activity Oversight – Training (all), Project Reviews & Site Visits • Assuring Uniform Interpretation – By BIA and FHWA • Fund Obligation – Contracting and monitoring
  10. 10. ARRA Redistribution • DOT Secretary given authority in ARRA to redistribute any unobligated funds within the program after 1 year. • Policy developed with input from IRRPCC. – Currently being reviewed by FHWA officials. – Will be published in Federal Register • All tribes will be provided numerous written notices of the status of their ARRA funds.
  11. 11. ARRA Redistribution • Expect a call for projects in December. • Projects evaluated and ranked prior to Feb. 17, 2010. • Initial awards in late February. Additional review and awards until mid-May 2010.
  12. 12. IRR National Inventory II • Scope of work – To develop policy and standards for the inventory, and to address trust responsibilities, stewardship needs, and the processes used for the inventory. • QA/QC of critical data fields • Update of coding guide • Benchmark to other inventories • Cost tables • Identification of input parameters for other modes. (no generation of funding). • Full undertaking FY10-FY11 – Recommendations implemented in FY10, 11, 12 inventory calculations.
  13. 13. FHWA Leadership • Administrator – Victor Mendez - AZ • Deputy Administrator – Greg Nadeau - ME • Executive Director – Jeff Paniatti
  14. 14. The IRR Inventory and the Funding Formula • The most notable issue in the Indian Reservation Roads (IRR) Program over the past year has been the funding formula, how it is being implemented, and the resulting funding trend. • This is an issue that impacts all tribes. 15
  15. 15. IRR Program (Pre-2005) • The IRR Program was a BIA Regional priority program – the only routes that generated funding were the BIA routes included in their respective Inventories. – ExceptionS for Oklahoma and Alaska • Other routes (tribal, state, county, township, etc.) were included in the inventory but did not generate any funding. • BIA Regions with numerous reservations and Indian lands had a majority of BIA Routes and therefore received a majority of the funding. 16
  16. 16. IRR Program Today • In FY2005, new regulations (25 CFR 170) were implemented as a result of Negotiated Rulemaking. – The IRR Program became a Tribal Share Program – The basic formula concept remained the same. • 50% Cost to construct (CTC). • 30% Vehicle Miles Traveled (VMT). • 20% Population. – All eligible public routes, regardless of ownership, generated funding. – All Tribes now able to participate in the program. 17
  17. 17. Implementation of Formula • Since FY2005, when the IRR Program regulations were finalized, portions of the regulations (formula) have not been fully implemented because the inventory data could not make a distinction as to which roads should generate at 100 %, and which should be factored at a lower percentage as intended in the regulations. This portion of the regulation is 25 CFR 170, Appendix C to Subpart C, Q10. 18
  18. 18. Implementation of Formula (cont.) • 10. Do All IRR Transportation Facilities in the IRR Inventory Count at 100 Percent of Their CTC and VMT? • No. The CTC and VMT must be computed at the non-Federal share requirement for matching funds for any transportation facility that is added to the IRR inventory and is eligible for funding for construction or reconstruction with Federal funds, other than Federal Lands Highway Program funds. However, if a facility falls into one or more of the following categories, then the CTC and VMT factors must be computed at 100 percent: – (1) The transportation facility was approved, included, and funded at 100 percent of CTC and VMT in the IRR Inventory for funding purposes prior to the issuance of these regulations. – (2) The facility is not eligible for funding for construction or reconstruction with Federal funds, other than Federal Lands Highway Program funds; or – (3) The facility is eligible for funding for construction or reconstruction with Federal funds, however, the public authority responsible for maintenance of the facility provides certification of maintenance responsibility and its inability to provide funding for the project. 19
  19. 19. Implementation of Formula (cont.) • Summary – Not all roads may generate 100% of CTC and VMT, the exceptions are described in three parts in Question 10: 1. Roads which are „grandfathered‟ – These are roads that generated funding prior to the regulations being finalized – Pre 2005. 2. Roads which are “not eligible” for Federal funds, other than Federal Lands Highways Program funds. 3. Roads in which the owner certifies of its inability to provide funding for the project and that it has a maintenance responsibility for the facility. 20
  20. 20. Observing A Trend • Results: – Inventory growth since FY2005 has been primarily in routes other than BIA or Tribal. – Because the existing database did not distinguish which roads met the specific exception under (2) of Q.10, all road ownerships and classes, with the exception of State roads, were computed at 100%. – Impacts are trending to favor roads owned by others and away from the BIA and tribal routes. 21
  21. 21. Observing A Trend Public Authority Responsible for Maintaining/Improving Roads Fiscal County Other Non- TOTAL IRR Year BIA Tribal State Urban Township Other BIA Other Fed Fed No Owner Miles FY2008 30,367.0 14,984.0 17,680.0 1,882.0 48,978.0 144.0 4,300.0 1,756.0 0.0 120,092.0 FY2007 29,750.7 9,734.2 13,666.4 1,465.3 43,180.2 144.5 2,294.0 1,631.8 330.4 102,197.5 FY2006 28,706.2 4,276.7 13,198.7 897.8 34,295.8 138.8 2,302.8 1,445.5 127.5 85,481.5 FY2005 27,384.9 2,851.2 9,048.7 544.7 22,323.7 134.1 370.8 121.6 90.2 62,869.9 22
  22. 22. IRR Mileage 80000 70000 60000 50000 BIA & Tribal 40000 County & State 30000 Other 20000 10000 0 2005 2006 2007 2008
  23. 23. % IRR Fund Distribution (CTC and VMT only) 70 60 50 40 BIA & Tribal County & State 30 Other 20 10 0 2005 2006 2007 2008 2009
  24. 24. Recognizing a Problem and Seeking a Solution • 25 CFR 170 established the IRR Program Coordinating Committee (IRRPCC). – Provides input and recommendations to the Secretaries of DOI and DOT regarding regulatory policy and implementation issues that are brought to its attention. 25
  25. 25. Role of IRRPCC • The IRRPCC has reviewed and discussed this issue over the past years and has not able to come up with a recommendation – The Committee reviewed all of the eligible roads and their corresponding classification – Numerous data runs were requested and analyzed. – A matrix was developed to show where some agreement might be possible (see next slide) – But because of diverse interests, no consensus could be reached. 26
  26. 26. 27
  27. 27. Summary • Recognizing a Problem – Because of the significant increase in mileage being added to the inventory and the fact that Q10 cannot be implemented as written: • The majority of the IRR funding is now generated by non-BIA/tribal roads. Most of these roads did not generate funding prior to 2005. • BIA and tribal roads are not generating enough funding in the formula to adequately keep pace with the deteriorating infrastructure. • The responsible public authority of non-BIA/tribal roads has other sources of funding made available to it for road infrastructure. BIA and tribal roads do not. 28
  28. 28. Summary • Seeking a solution. – A preliminary Federal recommendation has been developed that closely coincides to the IRRPCC views. – This has been presented at several regional and national tribal meetings in the near future. – BIA and FHWA will continue to work with Tribes and the IRRPCC to develop a final resolution to this issue. 29
  29. 29. Data Runs (Using FY 07‟ Inventory Data) • Run 1 – Baseline – Current implementation • (similar to FY 05‟, 06‟, 07‟) – All ownership except Ownership 3 (State) calculated at 100% CTC and VMT – Ownership 3 calculated at Non-Federal Share 30
  30. 30. Data Runs (Using FY 07‟ Inventory Data) • Run 2 – Ownership 1 & 2 100% CTC and VMT – Ownership 5, Class 4&5 100% CTC and VMT – All Other Non-Federal Share • Run 3 – Ownership 1 & 2 100% CTC and VMT – Ownership 3-9, Class 4&5100% CTC and VMT – All Others Non-Federal Share 31
  31. 31. Requested Data Cont‟d • Run 4 – Ownership 1 & 2 100% CTC and VMT – Ownership 4 & 5 Non-Federal Share – All Others 0% CTC and VMT • Run 5 (Preliminary Federal Recommendation) 32
  32. 32. Comparison of DATA RUNS REGION BASELINE RUN 1 RUN 3 RUN 4 RUN 5 Share (%) Amount ($) Share (%) Amount ($) Share (%) Amount ($) Share (%) Amount ($) Share (%) Amount ($) A - GR. PLAINS 6.50% 19,194,818 7.62% 22,521,838 7.22% 21,335,200 6.87% 20,293,677 7.51% 22,175,231 B - SO. PLAINS 2.78% 8,216,738 3.34% 9,856,266 3.25% 9,593,942 2.32% 6,851,329 3.26% 9,617,834 C - ROCKY MTN 7.44% 21,988,927 8.44% 24,930,599 8.43% 24,890,233 7.98% 23,577,517 8.50% 25,101,548 E - ALASKA 12.21% 36,070,741 10.48% 30,963,959 11.18% 33,033,325 14.01% 41,379,198 11.01% 32,512,012 F - MIDWEST 13.38% 39,517,651 12.79% 37,777,619 13.28% 39,245,932 11.13% 32,891,678 12.20% 36,045,541 G - EASTERN OK 12.97% 38,317,409 15.08% 44,563,392 15.28% 45,143,901 7.93% 23,419,236 13.65% 40,314,074 H - WESTERN 6.27% 18,520,881 7.26% 21,442,171 6.95% 20,517,687 9.30% 27,477,141 7.57% 22,355,598 J - PACIFIC 2.34% 6,908,118 1.86% 5,499,835 1.94% 5,730,855 1.73% 5,121,581 1.89% 5,585,951 M - SOUTHWEST 4.41% 13,020,857 5.09% 15,047,024 4.80% 14,192,373 6.59% 19,457,253 5.32% 15,724,623 N - NAVAJO 23.50% 69,410,946 20.51% 60,599,412 19.26% 56,901,894 23.54% 69,547,773 21.38% 63,159,334 P - NORTHWEST 6.38% 18,840,531 5.34% 15,768,681 6.29% 18,594,459 5.97% 17,630,938 5.49% 16,212,378 S - EASTERN 1.83% 5,416,744 2.18% 6,453,565 2.11% 6,244,559 2.63% 7,777,040 2.24% 6,620,238 Max for Region Min for Region 33
  33. 33. Preliminary Federal Recommendation • The percentage of CTC and VMT used in the RNDF calculation is as follows: – (a) For facilities identified in the IRR Inventory as Ownership 1 and 2, – 100 percent; – (b) For facilities identified in the IRR Inventory as Ownership 5, Class 4 & 5 – The percentage used will be that shown under the 80% Federal, 20% State column in the “Sliding Scale Rates of Federal-aid Participation in Public Lands States for Projects not on the Interstate System”, pursuant to 23 U.S.C. 120(b)(2); and 34
  34. 34. Preliminary Federal Recommendation • Con‟t – (c) For facilities not included in (a) or (b) above - The percentage used will be the difference between 100 and that shown under the 80% Federal, 20% State column in the “Sliding Scale Rates of Federal-aid Participation in Public Lands States for Projects not on the Interstate System”, pursuant to 23 U.S.C. 120(b)(2), except for Class 1 roads which shall have a percentage of zero. 35
  35. 35. 36
  36. 36. Preliminary Federal Recommendation • In brief: – (a) Roads owned by BIA and Tribal Governments for all Classifications should be factored into the formula at 100%. 37
  37. 37. Preliminary Federal Recommendation – (b) For facilities identified in the IRR Inventory as Ownership 5 (County/Local), Class 4 & 5 – The percentage used will be the Federal Share (+ 80% - 95%); – (c) For facilities not included in (a) or (b) above - The percentage used will be the Non- Federal Share (+ 5 - 20%); 38
  38. 38. Preliminary Federal Recommendation – (d) Class 1 roads for all road ownership other than BIA or Tribal which are the responsibility of other public authorities will not generate funding in the formula (0%). • They are still eligible IRR as required by law, but will not generate formula output 39
  39. 39. Preliminary Federal Recommendation • Results – Roads owned by BIA and Tribes – 100%; – Roads owned by others and which make up the majority of roads in and around Indian Reservations, communities, and villages (Ownership 5, Class 4 & 5 Roads) are factored into the formula at a high share; – All remaining roads, except Class 1 are factored into the formula at a lower share; and – Non-BIA, Non-Tribal Class 1 roads are not factored into the formula. 40
  40. 40. 41
  41. 41. Federal Share • The Federal Share referred to here is the maximum percentage of a project‟s cost for which Federal funds can be used. – It is a uniformly published % and has been consistent since 1992. It is generally about 80% to 95% and is shown on the following table: 42
  42. 42. 43
  43. 43. Non-Federal Share • The Non-Federal Share referred to here is the minimum percentage of a project‟s cost for which state and local funds must contribute in order for Federal funds to be utilized on a project. 44
  44. 44. 45
  45. 45. Comparison of DATA RUNS REGION BASELINE RUN 1 RUN 3 RUN 4 RUN 5 Share (%) Amount ($) Share (%) Amount ($) Share (%) Amount ($) Share (%) Amount ($) Share (%) Amount ($) A - GR. PLAINS 6.50% 19,194,818 7.62% 22,521,838 7.22% 21,335,200 6.87% 20,293,677 7.51% 22,175,231 B - SO. PLAINS 2.78% 8,216,738 3.34% 9,856,266 3.25% 9,593,942 2.32% 6,851,329 3.26% 9,617,834 C - ROCKY MTN 7.44% 21,988,927 8.44% 24,930,599 8.43% 24,890,233 7.98% 23,577,517 8.50% 25,101,548 E - ALASKA 12.21% 36,070,741 10.48% 30,963,959 11.18% 33,033,325 14.01% 41,379,198 11.01% 32,512,012 F - MIDWEST 13.38% 39,517,651 12.79% 37,777,619 13.28% 39,245,932 11.13% 32,891,678 12.20% 36,045,541 G - EASTERN OK 12.97% 38,317,409 15.08% 44,563,392 15.28% 45,143,901 7.93% 23,419,236 13.65% 40,314,074 H - WESTERN 6.27% 18,520,881 7.26% 21,442,171 6.95% 20,517,687 9.30% 27,477,141 7.57% 22,355,598 J - PACIFIC 2.34% 6,908,118 1.86% 5,499,835 1.94% 5,730,855 1.73% 5,121,581 1.89% 5,585,951 M - SOUTHWEST 4.41% 13,020,857 5.09% 15,047,024 4.80% 14,192,373 6.59% 19,457,253 5.32% 15,724,623 N - NAVAJO 23.50% 69,410,946 20.51% 60,599,412 19.26% 56,901,894 23.54% 69,547,773 21.38% 63,159,334 P - NORTHWEST 6.38% 18,840,531 5.34% 15,768,681 6.29% 18,594,459 5.97% 17,630,938 5.49% 16,212,378 S - EASTERN 1.83% 5,416,744 2.18% 6,453,565 2.11% 6,244,559 2.63% 7,777,040 2.24% 6,620,238 Max for Region Min for Region 46
  46. 46. Future Issues • The IRRPCC is also working to address the following: – How to determine lengths of eligible routes when a Tribe does not have a recognized Boundary? – Definition and measurement of an access route? – How Proposed Routes should be considered? 47
  47. 47. Contacts • Mr. LeRoy Gishi Chief – BIA Division of Transportation Washington, DC 202-513-7711 leroy.gishi@bia.gov • Mr. Robert Sparrow FHWA - IRR Program Manager Washington, DC 202-366-9483 robert.sparrow@dot.gov
  48. 48. Comments 49
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