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Indian Reservation Roads
Funding Redistribution Guidance
Call for Projects
Purpose: The American Recovery and Reinvestment Act of 2009, Public Law 111-5 (Recovery Act), provides the Federal Highway Administration (FHWA) with $27.5 billion for highway infrastructure investment. Of that amount, $310 million was provided to supplement the Indian Reservation Roads (IRR) Program. The purpose of this memorandum is to issue a call for projects to establish a queue for the funds made available through the guidance on redistribution of Recovery Act funds.
Authority: The authority to carry out the redistribution is contained in the Recovery Act language. Specifically, the language of the Highway Infrastructure Investment appropriation says: "Provided further, that of the funds provided under this heading, $550,000,000 shall be for investments in transportation at Indian reservations and Federal lands: Provided further, That of the funds identified in the preceding proviso, $310,000,000 shall be for the Indian Reservation Roads program, ..., Provided further, That for investments at Indian reservations and Federal lands, priority shall be given to capital investments, and to projects and activities that can be completed within 2 years of enactment of this Act: Provided further, That 1 year following the enactment of this Act, to ensure the prompt use of the $550,000,000 provided for investments at Indian reservations and Federal lands, the Secretary shall have the authority to redistribute unobligated funds within the respective program for which the funds were appropriated."
Obligation: The Federal Government's commitment to pay the Federal share of a project's eligible cost. This commitment occurs when the project is approved and the project agreement is executed. It is the point at which the designated funds can begin to be expended.
Recovery Act-IRRTIP: The document that shows the list of projects programmed for a Tribe's Recovery Act funding. It also provides project activity information in such a manner so as to meet the public information requirements of 23 U.S.C. § 204.
Shovel ready project: A project that is fully designed, has completed all required planning and NEPA and applicable other permit/approval requirements, has obtained ROW and/or easements, and permits, and is ready to proceed to construction or bid.
New Road/Bridge Project: A project on a road or bridge that does not currently exist and is shown in the IRR Inventory as proposed (CN=4).
Existing Road/Bridge Project: A project on an existing road or bridge that is included in the IRR Inventory (CN=1 or 2) and determined eligible for rehabilitation, reconstruction, or replacement.
This guidance contains the procedures that FHWA will follow for the redistribution of Recovery Act-IRR funds. The purpose of this guidance is to assure that all Recovery Act-IRR funds are obligated prior to September 30, 2010, per the Act and to identify the critical dates and criteria that will be utilized in the redistribution process. Two dates are critical in this guidance. On February 17, 2010, Recovery Act-IRR funds not identified on a FHWA approved Recovery Act-IRRTIP will be subject to redistribution. On June 1, 2010, Recovery Act-IRR funds not fully obligated will be subject to redistribution. Additional information is shown below:
1. What must be included in the application package?
A tribe may apply for redistribution of ARRA funds by submitting a complete application to BIADOT or FHWA at the addresses listed below. The application package must include:
- An FHWA approved Recovery Act-IRRTIP identifying the project
- For a construction project, this document will show that the project is on a route that meets the definition of an IRR transportation facility and is in the FY 2009 IRR Inventory.
- For a design or transit project, this document will be used to verify that the submitted project is an eligible IRR activity.
- Verification of tribal registration at www.federalreporting.gov
- Project specific documentation
- A copy of the Project PS&E, signed by a PE licensed in the State for which the work is located;
- Certification from the licensed PE indicating that the project design meets or exceeds applicable health and safety standards;
- a completed project development checklist indicating that the project is a shovel ready project and that all:
- NEPA requirements, clearances, and permits;
- Utility and access easements; and
- R-O-W clearances have been completed and/or acquired.
- A project schedule showing critical milestones and dates of completion. For the purposes of project evaluation, April 1, 2010 will be used as the estimated start date of all projects.
- Identification of the amount of ARRA funds requested along with documentation supporting the requested amount. Documentation must identify the amounts associated with all proposed project activities (I.E. project engineering, construction, and construction engineering/monitoring.) The total requested and amount of the award can not to exceed $2,000,000.
- Project information addressing ranking criteria identified in the guidance; and
- Documentation of official tribal action requesting the project and certifying that the submitted documentation is valid and accurate.
2) What is the due date for receipt of the documentation and where should it be sent?
The documentation must be received by BIA-DOT or FHWA at the following addresses by January 20, 2010.
Mr. LeRoy Gishi
Department of the Interior
Bureau of Indian Affairs - Division of Transportation
1849 "C" Street, NW, MS 4512 MIB
Washington, DC 20240
Mr. Robert Sparrow
Federal Highway Administration - Office of Federal Lands Highway
1200 New Jersey Ave, SE, E61-311
Washington, DC 20590
3) Can a Tribe submit more than one project?
A Tribe may submit more than one project, however the priority of the submitted projects must be identified by the Tribe using a designation of P1, P2, etc.
4) What special documentation should be submitted for the safety, access, and leveraging criteria?
- Safety – Data from a tribal or governmental public safety office that identifies fatal, injury, and property damage accidents on the project route.
- Access – A map clearly identifying the route and the facilities which it provides direct access to.
- Leveraging – The amount and source for the leveraged funds, including names and contact information, must be clearly identified in the application.
5) What happens to applications that do not contain all of the required documentation?
Incomplete or partial applications will be rejected and not placed on the queue. Tribes with rejected projects will be notified on or about February 15, 2010.
American Recovery and Reinvestment Act of 2009
IRR Redistribution Guidance
Project Ranking Criteria
|Recovery Act Obligation/
| - Tribe has obligated 100% of its initial Recovery Act-IRR share on approved projects/activities and expended more than 95% of its initial Recovery Act IRR share on approved projects/activities.
||- Tribe has obligated 100% of its initial Recovery Act share on approved projects/activities, but the expenditure of the funds is still ongoing.
||- Tribe has obligated less than 100% of its initial Recovery Act share on approved projects/activities.
||- Tribe only has approved Recovery Act IRRTIP and no obligations or expenditures have occurred.
(Existing Road or Bridge)
(New Road or Bridge)
(Transit or Transportation facilities)
||Project addresses documented safety concerns
||All reports up to date as of Jan. 15
|| ≤ $500k
||$501k ≤ X ≤ $1000k
||$1001k ≤ X ≤ $1500k
||$1501k ≤ X ≤ $2000k
|Leveraging Effect (%
participation of non
funds in the overall project
| > 80%
||79% > X > 40%
||39% > X > 10%
||9% > X > 5%
|Time to completion
||Project completion by Feb 17, 2011
immediate access to a
BIA or tribal:
2. Health facility
4. Business/ Enterprise
5. Cultural sites
(per 25 CFR 170.121)
|Addresses all 5 elements
||Addresses 3 or 4 elements
||Addresses 1or 2 elements
||Does not address any of the elements
1 An "X" in any ranking criteria indicates that points of that level are not available in the overall scoring of the project.