Tribal Transportation

Tribal Transportation Funding Resources

B. Federal Lands Highway Program (FLHP)

Of all transportation funding programs sponsored by the federal government, the Federal Lands Highway Program most directly responds to the needs of Tribal governments. The program enables a coordinated and diverse package of funding for projects within and serving federal and Indian lands. Moreover, Tribal governments may use FLHP funds as match for other federally-funded projects.

Program Features

• The program is an adjunct to the Federal-Aid Highway Program, discussed in Section C.
• It provides funding for the development and upkeep of public roads that serve federal and Indian lands, including the Indian Reservation Roads (IRR) and Bureau of Indian Affairs (BIA) road systems.
• IRR projects are selected by Tribal governments and approved by the BIA and the Federal Highway Administration (FHWA). Each project must be listed in the Tribal TIP, which is submitted by the BIA to the FHWA for approval and then forwarded to the respective State for inclusion in the MPO TIP and STIP. Approved IRR projects may be subject to metropolitan and statewide planning requirements and guidelines.

This section begins with a Funding Authorizations Table followed by descriptions of each FLHP funding program.

Table 1: Federal Lands Highway Program - Funding Authorizations Table, FFYs 2005 - 2009 (in Millions)

* BIA Maintenance and IRR Bridge authorizations are estimates.

B.1 Emergency Relief Program - Federal Roads (ERFO)

Program Purpose: The purpose of the Emergency Relief Program is to assist when roads serving federal and Indian lands are damaged by natural disaster or catastrophic failure from any external cause. The intent is to cover the high cost of returning these roads to their pre-disaster condition.

Program Eligibility: Only federal roads are eligible. These include:

• Indian Reservation Roads
• Forest Highways
• Forest Development Roads
• Park Roads
• Parkways
• Public Lands Highways
• Public Lands Development Roads

Other:

1. ERFO funds may not duplicate assistance received from other federal programs, compensation received from insurance or any other source.
2. The program is separate and apart from the Emergency Relief Program for federal-aid highways, such as the Interstate system.
3. US DOT provides an ERFO Manual and Videotape with instructions on how States and Tribal governments may apply for ERFO assistance.

Program Contacts:

• (For roads on federal lands) US DOT, FHWA, Federal Lands Highway, Office of Program Development, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494. flh.fhwa.dot.gov/erfo.htm
• (For federal-aid highways) US DOT, FHWA, Office of Program Administration (HIPA), 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-4655. www.fhwa.dot.gov/programadmin/erelief.cfm

B.2 Indian Reservation Roads Program (IRR)

Overview: The Indian Reservation Roads program is designed to address a variety of transportation needs for federally-recognized Tribal governments. It is jointly administered by the US DOT FHWA Office of Federal Lands Highway (FLH) and the US Department of the Interior - Bureau of Indian Affairs (BIA). Established in 1928, the program permitted cooperation between State highway agencies and the Interior Department to survey, construct, reconstruct and maintain Indian reservation roads. In 1982, under the Surface Transportation Assistance Act (STAA), the Federal Lands Highway Program was created with the IRR as one program within it. STAA expanded the IRR system to include BIA roads, tribally-owned public roads and state and county roads. The IRR System covers:

• Roughly 27,800 miles of public roads on Indian reservations, owned by the BIA and designated the BIA Road System,
• Roughly 31,000 miles of State and local public roads that provide access to and within Tribal reservations and
• Roughly 1,700 miles of Tribal-owned roads.

Program Purpose: The purpose of the IRR program is to provide safe and adequate transportation services and public access to and within Indian reservations, Indian lands and communities for Indians and Alaska Natives (including visitors, recreational users, resource users and others), while contributing to Tribal economic development, self-determination and employment.

Program Eligibility: Eligible activities include:

• Transportation facility planning, research, engineering, construction and reconstruction
• Tourism enhancement and recreational development
• Vehicular parking area improvements and additions
• Interpretive signage installation
• Scenic easement and scenic or historic site acquisition
• Pedestrian and bicycle on-and-off road system improvements, including modification of public walkways to comply with the Americans with Disabilities Act (ADA)
• Construction and reconstruction of roadside rest areas, including sanitary and water facilities
• Provision of transit facilities and services within public lands, national parks and Indian reservations
• Other appropriate facilities such as visitor centers

Program funds may be used as State and local match for federal-aid highway or transit projects that provide access to or within federal or Indian lands.

Additional SAFETEA-LU provisions include:

• With IRR funds, Tribal governments may approve the Plans, Specifications and Estimates (PS&E) of a transportation project and commence construction, if health and safety standards related to the project are met.
• IRR funds for highway, road, bridge, parkway and transit facilities or projects on Indian reservations may now be allocated directly to the requesting Tribal government or consortium (2 or more tribes) through FHWA. This funding includes any amount that would have been withheld for BIA administrative costs. The requesting government must demonstrate financial management and stability.
• A Tribal government may enter into a maintenance agreement with a State so that it may maintain State roads within and serving its reservation.
• Up to 25 percent of a Tribal government's IRR funds may now be used for road and bridge maintenance, although the BIA continues to retain primary responsibility for maintaining facilities on its designated BIA Road System.

Other:

1. Program funds are allocated by a relative need (share) formula developed under negotiated rule making with Tribal governments. Maximum utilization of the formula - and maximum share - requires the Tribal government maintain an updated IRR inventory. The inventory should list all roads that serve the reservation regardless of jurisdiction.
2. Upon receiving the total fiscal year of IRR program funding from FHWA, BIA must publish a notice-of-availability of funds in the Federal Register and transfer the funds to eligible federally-recognized Tribal governments, within 30 days as stipulated.
3. The IRR funds may only be expended on projects listed in an approved Tribal TIP.

Program Contacts:

• US DOT, FHWA, Federal Lands Highway, Office of Program Development. 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494. flh.fhwa.dot.govindresrd.htm
• US DoI, BIA, Division of Transportation, 1849 "C" Street, NW, Mail Stop 4512, MIB, Washington, DC 20240. (202) 513-7712 or (202) 513-7714. www.doi.gov/
• Note: The Bureau of Indian Affairs is currently restricted from posting extensive program information on its website or by e-mail. If accessing the BIA web address shown above, users must search for the BIA site. The information provided on the site will be limited.

B.3 IRR and BIA Roads Maintenance Programs

B.3.a - IRR Roads Maintenance Program

Program Purpose: The purpose of the IRR Roads Maintenance program is to provide funds for the maintenance and upkeep of paved, gravel, earth and unimproved roads, bridges and airstrips within the IRR system.

Program Eligibility: Eligible activities include:

• Repair and maintenance of public roads serving Indian reservations with particular emphasis on school bus routes and arterial highways
• Snow removal and ice control
• Washout repair and landslide removal
• Replacement, rehabilitation and maintenance of bridges
• Maintenance of public airstrips on Indian reservations, not maintained by other government entities

New SAFETEA provisions allow the use of up to 25% of each eligible Tribe's IRR funds for the maintenance and upkeep of any eligible reservation road. The funds may be used for the maintenance of roads, bridges and for purchase of maintenance equipment, as approved by the BIA and FHWA. Access to IRR Maintenance funds is restricted to Tribes with qualifying road miles and facilities.

Other:

1. Tribes must submit a needs request to add a road or facility to the IRR system for maintenance. An informal pre-application conference with the local BIA agency office is recommended.
2. The Tribal government's application for maintenance funds must be filed with the local BIA agency office and must be accompanied by a resolution of its governing body.
3. The dollar value of an IRR maintenance award depends on the amount prioritized by the Tribal government through its participation in the BIA budget formulation process.
4. Awards are made on an annual basis and remain available until expended.
5. About 30% of Tribes currently contract the road maintenance program under a self-determination contract or agreement.
6. The operation and maintenance of ferry services across Lake Roosevelt serving the Colville Indian Reservation is included as an eligible program activity.

Program Contacts:

• US DOT, FHWA, Federal Lands Highway, Office of Program Development. 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494. www.fhwa.dot.gov/flh/indresrd.htm
• US DoI, BIA, Division of Transportation, 1849 "C" Street, NW, Mail Stop 4512, MIB, Washington, DC 20240. (202) 513-7712 or (202) 513-7714. www.doi.gov/
• Note: The BIA is currently restricted from posting extensive program information on its website or by e-mail. If accessing the BIA web address shown above, users must search for the BIA site. The information provided on the site will be limited.

B.3.b - BIA Roads Maintenance Program

As mentioned, the BIA retains primary responsibility for the maintenance and upkeep of the designated BIA Road System, which is a subset of the larger IRR system. The BIA system represents roughly 27,800 roadway miles. The program is funded by the US Department of Interior road maintenance program, with annual authorizations of roughly $25.5M. Funding is restricted to the maintenance of BIA roads only. Tribal governments wishing to assume maintenance responsibility for all or some of the BIA roads on their lands must establish a formal maintenance agreement with the BIA. The program contact is shown above.

B.4 IRR Bridge Program (IRRBP)

Program Purpose: The IRR Bridge program is a component of the larger IRR program. It replaces previous set-asides and receives roughly $14M annually (as part of the IRR program authorizations). The purpose of the program is to support the planning, design, engineering, preconstruction, construction, inspection and replacement of deficient IRR bridges.

Program Eligibility: Eligible activities include:

• Replacement, rehabilitation and retrofit of deficient IRR bridges
• Painting or applying calcium magnesium acetate, sodium acetate/formate or other environmentally acceptable, minimally corrosive anti-icing and de-icing composition on deficient IRR bridges
• Installing scour countermeasures, including multiple pipe culverts located on IRR roads

To be eligible, the deficient bridge must have an opening of 20 feet or more and be:

• On an Indian reservation road
• Unsafe due to structural deficiencies, physical deterioration or functional obsolescence
• Recorded in the national bridge inventory

Other: Bridge plan, specification and estimate (PS&E) activities are not funded through the program.

Program Contact: US DOT, FHWA, Federal Lands Highway, Office of Program Development, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494.

• ww.fhwa.dot.gov/flh/indresrd.htm

B.5 Park Roads and Parkways Program (PRP)

Program Purpose: The purpose of the Park Roads and Parkways program is to continually improve federal parkways and park roads.¹

Program Eligibility: Eligible activities include:

• Planning, design, construction or reconstruction of designated roads that provide public access to or within national parks, recreational areas, historic areas and other units of the National Park Service (NPS)
• Transportation planning to enhance tourism and recreational travel
• Provision of transit facilities and services
• Vehicular parking areas and interpretive signage
• Scenic easement and scenic or historic site acquisition
• Pedestrian and bicycle on-and-off road facilities, including modification of public walkways to comply with the Americans with Disabilities Act
• Construction and reconstruction of roadside rest areas, including sanitary and water facilities
• Other appropriate facilities such as visitor centers

Other:

1. The FHWA and NPS jointly administer the program through Interagency Agreements.
2. FHWA Federal Lands Highway is responsible for project design, construction and oversight activities. The NPS develops the prioritized program-of-projects and oversees planning.
3. Fund allocations are based on the ranking of the prioritized projects developed by the respective agencies and approved by the Federal Highway Administration.Program Contact: US DOT, FHWA, Federal Lands Highway, Office of Program Development, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494. www.fhwa.dot.gov/flh/

B.6 Public Lands Highway Program (PLH)

Program Purpose: The purpose of the Public Lands Highway program is to ensure continual upgrade and improvement to transportation facilities and services within federal public lands.

Program Eligibility: Eligible activities include:

• Transportation planning, research, engineering and construction of highways, roads, parkways, transit and non-motorized facilities on public lands, within national parks and on Indian reservations
• Operation and maintenance of transit facilities
• Transportation planning for tourism and recreational enhancement
• Vehicular parking areas and interpretive signage
• Scenic easement and scenic or historic site acquisition
• Pedestrian and bicycle on-and-off road facility improvements, including modification of public walkways to comply with the Americans with Disabilities Act
• Construction and reconstruction of road side rest areas, including sanitary and water facilities
• Other appropriate facilities such as visitor centers

SAFETEA-LU additions include:

• Up to $20 million each year for maintenance of Forest Highways
• Up to $1 million each year for signage identifying public hunting and fishing access
• Up to $10 million each year to facilitate the passage of aquatic species beneath roads in the National Forest System, including the cost to construct, maintain, replace or remove culverts and bridges

Program Contact: US DOT, FHWA, Federal Lands Highway, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494.

• www.fhwa.dot.gov/flh/
• www.fhwa.dot.gov/discretionary/plhcurrsola3.cfm

B.7 Refuge roads Program (RRP)

Program Purpose: The purpose of the Refuge Roads program is to support the maintenance and improvement of roads within the National Wildlife Refuge System (NWRS).² The program is jointly administered by the US DOT FHWA Federal Lands Highway and the US DoI Federal Wildlife Service (FWS). Refuge roads comprise roughly 3,260 miles nationwide.

Program Eligibility: Eligible activities include:

• Maintenance and improvement of refuge roads
• Maintenance and improvement of adjacent vehicular parking areas
• Maintenance and improvement to bicycle and pedestrian services, including modification of public sidewalks to comply with the Americans with Disabilities Act
• Maintenance and improvement of rest areas located in or adjacent to wildlife refuges
• Administrative costs associated with maintenance and improvement

SAFETEA-LU provisions add eligibility for:

• Interpretative Signage
• Recreational Trails, with a five (5) percent cap on the total amount expended on trails.

Other:

1. The program authorization level is $29M annually.
2. Through SAFETEA-LU, Refuge Roads are now recognized as needing treatment under uniform policies similar to those governing the federal-aid highways program.
3. Program funds may be used as the non-federal match for any project funded under Title 23 or Chapter 53 of Title 49, as long as the project provides access to or within a wildlife refuge.
4. There is no legislative formula for allocating program funds. Allocations are based on the relative needs of the various refuges within the NWRS. Agency allocation decisions consider:
   • Comprehensive conservation plan for each refuge
   • Need for access as identified through land use planning
   • Impact of land use planning on existing transportation facilities

Program Contact: US DOT, FHWA, Federal Lands Highway, Office of Program Development, 1200 New Jersey Avenue, SE, Washington, DC 20590. (202) 366-9494.

• www.fhwa.dot.gov/flh/refugerd.htm

1 A parkway is defined as "a highway that has full or partial access control, is usually located within a park or a ribbon of park-like developments and prohibits commercial vehicles." Buses are not considered commercial vehicles in this case.

2 Refuge roads are defined as "public roads that provide access to and within a unit of the National Wildlife Refuge System." Their title and maintenance responsibility is vested in the United States Government.