Tribal Transportation

Executive Summary

Introduction

In 2000, the national average mortality rate from motor vehicle crashes (MVCs) for Native Americans was 32.3 deaths per 100,000 population - more than twice the national average for all races. ^[16] There are many causes for these high MVC death (and injury) rates, including unsafe roads, driving errors, neglecting the use of passenger restraints, and disregarding the rules of the road. While each of these causes can be addressed in a comprehensive Tribal Highway Safety Improvement Program (THSIP), this document places primary emphasis on the issues and process for improving the safety of roads on reservations.

The purpose of this project is to develop a model process and guidelines to improve Tribes' abilities 1) to identify hazardous highway locations, sections, and elements; and 2) to develop and prioritize projects. The goal for implementing the model process and guidelines is to place Tribes in a position to effectively compete for Hazard Elimination Program (HES) and other available highway safety funding.

The model process provides Tribes a step-by-step approach to develop a highway safety improvement program (HSIP). The process will help assure a Tribe fully considers the benefits and the costs of implementing a THSIP or safety project. It provides decision-making points, so that a Tribe can make resource commitments in increments or stop the process at logical points. This process draws from highway safety funding source information and the technical and policy guidelines prepared for this project. The process described consists of four major tasks.

1. Determine whether a Tribe has a highway safety problem.
2. Select funding sources that a Tribe may pursue to address the highway safety problem.
3. Plan for a THSIP or safety project.
4. Implement the tribal HES project based on the plan.

The first two tasks of this process focus on the broader issues of creating a THSIP or safety project with no particular emphasis on any funding source. The third task focuses on planning needs for a THSIP or a stand-alone safety project. The last task centers on the implementation of a tribal HES roadway reconstruction project.

The plan for implementing a THSIP or safety project will depend immensely on which funding sources the Tribe pursues, since each source has different program eligibility requirements. A few important traffic safety funding sources are identified. Some funding sources are exclusively dedicated to highway safety improvements, while other sources can be used for highway safety, as well as other activities. Sources listed include federal and state transportation programs, and programs from non-transportation agencies that can be used for transportation purposes. A Tribe may find it necessary to combine multiple funding sources to address highway safety needs.

Policy and Technical Components

Nine component guidelines are presented to serve as the principal information sources for this model process. These components are also intended to provide Tribes guidance on the considerations necessary for developing a THSIP. However, the guidelines are not intended to be a "how to" manual for carrying out the various activities associated with the THSIP or a safety project, such as how to collect data, count traffic, fill in a funding application, design a project or administer a reconstruction project.

The first three components are policy oriented. The components provide guidance on a decision-making process to operate a THSIP on tribal lands, e.g. data sharing, relationship with a state, tribal roles and organization in the activities and projects, and tribal preparation in the HES projects.

1. Tribal sovereignty issues.
2. Tribal structure, including roles and responsibilities.
3. Training requirements.

The second six components are technically oriented. The components provide Tribes technical guidance for meeting the HES federal and state requirements.

1. Data requirements, collection, storage and maintenance.
2. Equipment and software requirements.
3. Hazardous roadway locations identification.
4. Hazardous roadway locations prioritization.
5. Scoping, prioritization and funding application.
6. Safety project development and evaluation.

Introduction

Impact of Motor Vehicle Crashes

The term motor vehicle crash (MVC) refers to a crash involving a motor vehicle and another motor vehicle, pedestrian, non-motorized vehicle (e.g. cycle), animal, or fixed object. MVC also includes non-collision crashes, such as loss of control rollover crashes.

Tribal members and tribal governments are severely impacted by the high number of MVCs. In 2000, the national average mortality rate from MVCs for Native Americans was 32.3 deaths per 100,000 population - more than twice the national average for all races. ^[16] Many regions with significant Native American population and tribal lands will most likely have annual average MVC mortality rates worse than the national average.

In Arizona, a state with Indian reservations accounting for approximately 27 percent of the land, the mortality rate for MVCs for Native Americans is almost four times the rate for the next closest ethnic group. From 1990 to 2000 this rate was 74.3 deaths per 100,000 population. MVCs are the leading cause of death for ages 1 to 44.^[1] This trend continued in Arizona for the year 2002, when the MVC rate for Native Americans was 68.6 deaths per 100,000 population, compared to an average of 20.4 deaths per 100,000 population statewide. ^[12]

There are many causes or combination of causes for these high MVC death (and injury) rates, including unsafe roads, driving errors, not using or the misuse of passenger restraints, and neglecting to follow the rules of the highway. While each of these causes requires attention, this document places primary emphasis on the issues and process for improving the safety of highways on reservations.

Highway Safery Improvement Program (HISP)

1. Highway Safety Improvement Program (HSIP) is a program that has two objectives:
   1. Reducing the number and severity of motor vehicle crashes, and
   2. Decreasing the potential for crashes on the roadways.

Highway Safery Improvement Program (HISP) Guidelines

For a HSIP to be effective, it must include a process that identifies highway safety problems, generates measures to address the problems, implements the measures, and evaluates the results. Each step of the process depends on the availability of roadway data, safety data and traffic records. If these data and records are not substantive, reliable, accessible, accurate, and up-to-date, the program will not likely achieve its goals.

Tribal Highway Safery Improvement Program (THISP)

Tribal Considerations:

• Utilize available HSIP guidelines when developing a tribal highway safety improvement program (THSIP), in addition to the HES planning elements.
• Review and consider revising outdated tribal transportation and traffic codes in the THSIP plan.
• Develop THSIP plan in coordination with the tribal transportation planning process.

1. To organize an internal tribal process to guide the direction of safety efforts and MVC prevention.
2. To coordinate and maximize safety activities between internal departments and external organizations, and
3. To create an internal advisory structure, which is one of the requirements to access safety funds from the NHTSA.

Although a THSIP promotes preparedness thru organization and collaboration, some Tribes may discover thru data analysis that only one highway safety problem exists. In this case, a complete THSIP may not be needed.

The Safety Management System Administered by the Bureau of Indian affairs (BIA) and the Tribal Highway Safery Improvement Program (THISP) are coordinated.

A THSIP may need to be coordinated with the federally mandated and Bureau of Indian Affairs (BIA) administered safety management system (SMS) requirements, if state or federal funds are used. The SMS requirements will apply to federally and tribally owned roads on the Indian Reservation Roads (IRR) System. FHWA and BIA are implementing the SMS under 23 Code of Federal Regulations (CFR) Part 973, Federal Lands Highway Program; Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program. ^[25] For further information, refer to the guide entitled, "Safety Management Systems: Good Practices for Development and Implementation". ^[29] The SMS requirements include:

1. A process for data collection, processing, analysis and updating;
2. A geographic reference system;
3. A process for deciding investments based on management system outputs;
4. A process for utilizing SMS to ensure that safety is considered and implemented in transportation activities;
5. Accident, traffic and roadway data;
6. Procedures for maintaining and upgrading safety appurtenances (accessories);
7. Procedures for identifying, investigating, establishing countermeasures, and establishing priorities for hazards and potential hazards;
8. A process for communication, coordination and cooperation among organizations responsible for safety;
9. Public information and education activities on safety;
10. Identification of skills, resources and training needs to implement safety programs and development of a program to carry out the needed training; and
11. Description of accident types, severity and rates.

Sections 152 and 130 of 23 United States Code (USC) established the federal HES and Highway-Rail Grade Crossings Programs for public highways. ^{[14, 24]} These programs require all states to identify hazardous roadway locations and to prioritize projects developed to eliminate the hazards. About $550 million annually was allocated under the Transportation Equity Act for the 21^st Century (TEA-21) for hazard elimination. ^[26] This amount could substantially increase when the reauthorization process for the fiscal years (FY) 2004-2009 federal surface transportation program is completed. HES funds may be accessed through the states. Following are the general requirements for HES funding as described in 23 CFR, Chapter I, Part 924. ^[24]

1. Each state shall develop and implement, on a continuing basis, a highway safety improvement program that has the overall objective of reducing the number and severity of accidents and decreasing the potential for accidents on all highways.
2. The program shall have a planning component that includes:
   1. A process for collecting and maintaining a record of accident, traffic, and highway and railroad-highway grade crossing data and the characteristics of highway and train traffic.
   2. A process for analyzing available data to identify highway locations determined to be hazardous, based on accident experience or potential.
   3. A process for conducting engineering studies of hazardous locations to develop highway safety improvement projects.
   4. A process for establishing priorities for implementing safety improvements considering potential reduction in number and severity of accidents, cost of projects and resources available, relative hazard of railroad-highway grade crossings, and potential danger of grade crossings to large numbers of people.
   5. HES and Rail-Highway Crossing funds can be used to implement safety projects on any public road.
3. An evaluation is required to determine the effect of the highway safety improvement in reducing the number and severity of crashes and potential crashes. After the completion of safety improvements, a record of crash experience is compared, including the crash numbers, rates and severity observed. The value of the safety benefits derived and the relationship to the cost of the project (improvement) are to be quantified in the form of a Benefit/Cost ratio. Success will be reflected in a higher ratio. A Benefit/Cost ratio in excess of 1 may be sufficient to qualify a project for HES funding.