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Developing the Tribal Transportation Improvement Program

Appendices

Appendix A

Tribal Transportation Improvement Program (TTIP) and Indian Reservation Roads Transportation Improvement Program (IRRTIP) Regulatory Reference

According to 25 CFR 170.421 through 170.428:

Sec. 170.421: What is the Tribal Transportation Improvement Program (TTIP)?

The TTIP:

  1. Must be consistent with the Tribal long-range transportation plan;
  2. Must contain all IRR Program funded projects programmed for construction in the next 3 to 5 years.
  3. Must identify the implementation year of each project scheduled to begin within the next 3 to 5 years.
  4. May include other Federal, State, county, and municipal, transportation projects initiated by or developed in cooperation with the Tribal government.
  5. Will be reviewed and updated as necessary by the Tribal government.
  6. Can be changed only by the Tribal government.
  7. Must be forwarded to BIA by resolution or by Tribally authorized government action for inclusion into the IRRTIP.

Sec. 170.422: What is the IRR Transportation Improvement Program (IRRTIP)?

The IRRTIP:

  1. Is financially constrained.
  2. Must include eligible projects from Tribal TTIPs.
  3. Is selected by Tribal governments from TTIPs or other Tribal actions.
  4. Is organized by year, State, and Tribe.
  5. May include non-IRR projects for inclusion into the State Transportation Improvement Program (STIP).

Sec. 170.423: How are projects placed on the IRRTIP?

  1. BIA selects projects from the TTIP or Tribal priority list for inclusion on the IRRTIP as follows:
    1. The Tribal government develops a list of detailed tasks and information for each project from the Tribal priority list or TTIP.
    2. BIA includes this project information in its region-wide control schedule without change, unless the funding required exceeds the amount available to the Tribe.
    3. BIA must include projects that are scheduled in the next 3 to 5 years.
    4. BIA develops the IRRTIP after consulting with the Tribes and taking their priorities into account.
  2. A Tribe that does not generate enough annual funding under the IRR Program funding formula to complete a project may either:
    1. Submit its Tribal priority list to the appropriate BIA Region, which will develop the region-wide control schedule after consulting with the Tribe and taking its priorities into account.
    2. Enter a consortium of Tribes and delegate authority to the consortium to develop the TTIP and Tribal control schedule.
    3. Enter into agreement with other Tribes to permit completion of the project; or
    4. Apply for IRRHPP funding under subpart C.
  3. In order to get a project on the IRRTIP, Tribes may seek flexible financing alternatives as described in subpart C.

Sec. 170.424: How does the public participate in developing the IRRTIP?

Public involvement is required in the development of the IRRTIP.

  1. BIA or the Tribe must publish a notice in local and Tribal newspapers when the draft Tribal or IRRTIP is complete. In the absence of local public newspapers, the Tribe or BIA may post notices under local acceptable practices. The notice must indicate where a copy can be obtained, contact person for questions, where comments may be submitted, and the deadline for submitting comments.
  2. BIA or the Tribe may hold public meetings at which the public may comment orally or in writing.
  3. BIA, the Tribe, the State transportation agency or MPO may conduct public involvement activities.

Sec. 170.425: How does BIA update the IRRTIP?

The IRRTIP annual update allows incorporation of transportation projects planned for the next 3 to 5 years. Each BIA regional office updates the IRRTIP for each State in its service area to reflect changes in the TTIPs or Tribal project listings.

  1. During the first quarter of the fiscal year each BIA Regional Office notifies Tribes of the update and provides projected IRR Program funding amounts and a copy of the previous year's regional IRRTIP.
  2. The Tribe reviews any new transportation planning information, priority lists, and TTIP and forwards an updated TTIP or project listing to BIA Regional Office on or before July 15.
  3. The BIA regional office reviews all submitted information with the Tribes. BIA adds agreed-upon updates, including previously approved amendments (see Sec. 170.427), and to the IRRTIP so that the Secretaries can approve the new updated IRRTIP before the start of the next fiscal year.

Sec. 170.426: What is the approval process for the IRRTIP?

The approval process for the IRRTIP is:

  1. The BIA Regional Office forwards the IRRTIP to the Secretaries for review and approval.
  2. Federal Lands Highway Office will provide copies of the approved IRRTIP to the FHWA division office for transmittal to the State transportation agency for inclusion in the State Transportation Improvement Program (STIP). The approved IRRTIP will be returned to BIA.
  3. BIA sends copies of the approved IRRTIP to BIA Regional Offices and Tribal governments.
  4. Within 10 working days of receiving the approved IRRTIP and IRR Program funds, BIA enters the projects into the Federal finance system.

Sec. 170.427: How may an IRRTIP be amended?

  1. A Tribe may amend the IRRTIP by changing its TTIP on or before July 15 and submitting the changed TTIP to BIA for inclusion in the IRRTIP. BIA's regional office will review all submitted information with the Tribe and provide a written response (approving, denying, or requesting additional information) within 45 days. If the proposed IRRTIP amendment contains a project not listed on the current approved IRRTIP, BIA must submit the proposed amendment to FHWA for final approval.
  2. BIA may amend the IRRTIP:
    1. To add or delete projects or reflect significant changes in scope at any time if requested by the Tribe.
    2. To reduce funding or reschedule a project after consulting with the affected Tribe and obtaining its consent, if practical.
  3. The Secretary may not reduce funding for or reschedule a project that is the subject of a negotiated agreement, except under the terms of the agreement.
  4. BIA amends the IRRTIP using the same public involvement process used to develop the original IRRTIP.

Sec. 170.428: How is the State Transportation Improvement Program related to the IRRTIP?

The annual update of the IRRTIP for each State in a BIA regional office's service area should be coordinated with the State transportation agencies. This will ensure that approved IRRTIP updates and amendments are included with the STIP.

Appendix B

Statewide Transportation Improvement Program (STIP) Statutory Reference1

According to 23 U.S.C. 135/49 U.S.C. 5304(g):

(g) Statewide Transportation Improvement Program:

  1. Development: Each State shall develop a STIP for all areas of the State. Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently.
  2. Consultation with governments.
    1. Metropolitan areas: With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134.
    2. Nonmetropolitan areas: With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary shall not review or approve the specific consultation process in the State.
    3. Indian Tribal areas: With respect to each area of the State under the jurisdiction of an Indian Tribal government, the program shall be developed in consultation with the Tribal government and the Secretary of the Interior.
  3. Participation by interested parties: In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.
  4. Included projects.
    1. In general: A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State.
    2. Listing of projects: An annual listing of projects for which funds have been obligated in the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in each metropolitan transportation improvement program.
    3. Projects under chapter 2.
      1. Regionally significant projects: Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.
      2. Other projects: Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program.
    4. Consistency with statewide transportation plan: Each project shall be:
      1. Consistent with the statewide transportation plan developed under this section for the State.
      2. Identical to the project or phase of the project as described in an approved metropolitan transportation plan.
      3. In conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under such Act.
    5. Requirement of anticipated full funding: The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
    6. Financial plan: The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
    7. Selection of projects from illustrative list.
      1. No required selection: Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).
      2. Required action by the secretary:
        Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.
    8. Priorities: The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of title 49.
  5. Project selection for areas of less than 50,000 population: Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49 shall be selected, from the approved STIP, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.
  6. Transportation improvement program
    approval:
    Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.
  7. Planning finding: A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134.
  8. Modifications to project priority: Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.

Appendix C

Metropolitan Transportation Improvement Program (TIP) Statutory Reference 1

According to 23 U.S.C. 134/49 U.S.C. 5303(j) Metropolitan Transportation Improvement Program:

(j) Metropolitan TIP.

  1. Development.
    1. In general: In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the area for which the organization is designated.
    2. Opportunity for comment: In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).
    3. Funding estimates: For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.
    4. Updating and approval: The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor.
  2. Contents.
    1. Priority list: The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP.
    2. Financial plan: The TIP shall include a financial plan that-
      1. Demonstrates how the TIP can be implemented;
      2. Indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
      3. Identifies innovative financing techniques to finance projects, programs, and strategies.
      4. May include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
    3. Descriptions: Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project.
  3. Included projects.
    1. Projects under this title and chapter 53 of title 49: A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49.
    2. Projects under chapter 2.
      1. Regionally significant projects: Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.
      2. Other projects: Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program.
    3. Consistency with long-range transportation plan: Each project shall be consistent with the long-range transportation plan developed under subsection for the area.
    4. Requirement of anticipated full funding:
      The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
  4. Notice and comment: Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).
  5. Selection of projects.
    1. In general: Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP.
      1. By:
        1. In the case of projects under this title, the State.
        2. In the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding.
      2. In cooperation with the metropolitan planning organization.
    2. Modifications to project priority: Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.
  6. Selection of projects from illustrative list.
    1. No required selection: Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
    2. Required action by the secretary. Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.
  7. Publication.
    1. Publication of tips: A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.
    2. Publication of annual listings of projects:
      An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization public review. The listing shall be consistent with the categories identified in the TIP.
Updated: 12/19/2013
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