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Indian Reservation Roads Program Coordinating Committee. BIA/FHWA Regional Engineers Meeting February 2, 2006 Orlando, FL. IRR Program Coordinating Committee (25 CFR 170.155). Federal Register Notice was Published in Jan 2005 requesting nominations from tribes.

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Indian Reservation Roads Program Coordinating Committee

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Indian Reservation Roads Program Coordinating Committee

BIA/FHWA Regional Engineers Meeting

February 2, 2006

Orlando, FL


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IRR Program Coordinating Committee (25 CFR 170.155)


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Federal Register Notice was Published in Jan 2005 requesting nominations from tribes.

43 Candidates were submitted in total

Indian Reservation Roads Program Coordinating Committee Nominations


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Indian Reservation Roads Program Coordinating Committee under 25 CFR 170.155-158

  • The Secretary of the Interior seeks nominations for tribal regional representatives to the IRR Program Coordinating Committee.

  • Authority: 25 CFR 170 include:

    • 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.


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Supplementary Information

  • 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 non-voting 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.


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IRR Program Coordinating Committee Responsibilities

  • 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.


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IRR Program Coordinating Committee Role in the Funding Process

  • 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.


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IRR Program Coordinating Committee Conduct of Business

  • 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.


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IRR Program Coordinating Committee Reporting Requirements and Budget

  • 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.


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IRR Coordinating Committee

  • 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


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IRR Coordinating Committee

  • 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


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Update on Committee Activities

  • Established: September 8, 2005

    • 12 Primary

    • 11 Alternate

  • Federal Register Notice published initial appointment lengths:


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Update on Committee Activities (Cont.)

  • Orientation Meeting held Sept 27-28, 2005, Albq. NM

    • Protocols developed (awaiting signature of BIA)

    • Leadership established:

      • 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


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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


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Update on Committee Activities (Cont.)

  • 2nd Meeting: November 15-17, 2005

    • Barona Valley Resort, Barona CA

    • Protocols Established and Approved

    • Budget Established:

      • FY2005 Carryover:$150,000

      • FY2006 :$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)


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Update on Committee Activities (Cont.)

3rd Meeting, Executive Session, Albq, NM

  • Wednesday, November 30, 2005

    • 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

    • 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


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Recommendations of IRRPCC

  • 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.


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Recommendations of IRRPCC (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.


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Recommendations of IRRPCC (Cont.)

  • Statement of Inability to Provide Funding: Approved by IRRPCC 12/1/05.

    • 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.

    • 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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Recommendations of IRRPCC (Cont.)

  • 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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Next Meeting

February 21-22, 2006

Tulsa, OK; Cherokee Resort and Casino

Schedule


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Issues/Concerns List (partial)

  • 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)

      • Cost indices

      • Base cost vs inflated

      • Data used in past formula runs

      • Funding source for tribes to update inventory

  • Implementation of regulations:

    • IRRHPP

      • Methodology for ranking

      • Application process

    • Formula (TTAM)

      • Inconsistent funding flow and availability

      • Dependcncy of road inventory factors on implementation

    • Changes in percentages from old formula to new formula

    • General data appeals

      • Timeline

      • Do nothing option

      • 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


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