IRR Program Inventory and Funding Formula Update. M.A.S.T. Impact Week Washington, DC March 10-13. The IRR Inventory and the Funding Formula.
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Prior to FY2005, the only routes that generated funding for tribes were the BIA routes included in their respective Inventories.
Public routes owned by others (tribal, state, county, township, other federal, etc) were allowed into the inventory and were eligible to have IRR funds expended on them. However, they did not generate any funding.
Large land-based tribes had the majority of the BIA routes , and therefore received the majority of the funding.
Tribes with little or no reservation, which relied on transportation infrastructures owned by others were unable to participate in the program.
Since FY2005, when the IRR Program regulations were finalized, portions of the formula have not been fully implemented because certain data in the inventory did 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 regulations is 25 CFR 170, Appendix C to Subpart C, Q10.
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.
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%.
The resulting impacts tended to favor roads owned by others, particularly roads that had higher traffic volumes, those classes of roads which do receive or are eligible for Federal funds, other than Federal Lands Highways funds.
Inventory Growth since FY2005 has been primarily in miles owned by other than BIA or tribe.
If during the course of the implementation of the regulations, it is apparent that changes or modifications are needed the BIA through the Secretary needs to first coordinate any changes with the IRRPCC (25CFR170.156(c)) then seek public comment.
“(c) The Committee also reviews and provides recommendations on IRR Program national concerns (including the implementation of this part) brought to its attention.”
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
(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.