Tribal Transportation Program Update

1. Tribal Transportation Program Update TTPCC Meeting Phoenix, AZ 10/30/12

2. TTP Funding Formula (review) • The new formula will calculate tribal shares using three different factors (as percentages of national or regional totals): • 27% of funding based on the Tribe's approved road mileage (national percentage) • 39% of funding based on the Tribe's most recent Native American Housing Assistance and Self Determination Act (NAHASDA) population (national percentage) • 34% of funding based on the Tribe's RNDF and Population Adjustment Factor (PAF) amounts from FY05 to FY11 (regional percentage)

3. TTP Funding • MAP-21 contains a set-aside for another factor which will be included in a Tribe's share of TTP funds. The Tribal Supplemental Allocation, which totals approximately $104 million, will be utilized initially within each Bureau of Indian Affairs (BIA) Region to supplement those Tribes that experience a negative impact from the new statutory formula in any year when compared to the funding a Tribe received under the old formula in Fiscal Year 2011.

4. Funding Formula - Inventory • What inventory is used for determining a Tribe's road mileage? • The mileage used to generate a Tribe's share of funding includes the following: • Any BIA owned road included in the FY12 Inventory; • Any tribal owned road included in the FY12 Inventory; and • Any road owned by another entity that was included in the BIA System of Roads utilized to generate funding prior to October 1, 2004. These are generally known as "grandfathered roads."

5. Funding – Set-asides Status of other funding set-asides MAP-21 includes set-asides for the following programs: • 2% for Transportation Planning – will be available for distribution along with initial 6 mos. allocation. • 2% for Tribal Bridge Program – IRRBPP operations and procedures continue. • 2% for a Tribal Safety Program – Draft guidance developed for TPPCC review. • 6% for Program Management and Oversight (PM&O) • Lop-off effects all of the above (IE - $9 million of authority will translate into $8.4+ million cash

6. Funding - Transition Is there a transition in implementing the new formula? • Yes. In FY13, tribal shares will be determined by adding the Tribe’s: • A) Share percentage from FY11’s (RNDF plus PAF) from 25CFR170 and applying it to an amount of funding equal to 80% of the FY11 total (RNDF plus PAF) funding that was provided; and • B) Share percentage utilizing the new MAP-21 formula applied to the remaining funds. • In FY14, the FY11 percentage in A) above is 60%. • In FY15, the FY11 percentage in A) above is 40%. • In FY16 and thereafter, the FY11 percentage in A) above is 20%.

7. Funding Charts

8. What is 80% of FY11 Shares? $ 69.3 • FY2011 Allocation: $346 M • The FY2011 Relative Need Distribution Factor share plus the Population Adjustment Factor share make up the “FY2011 Allocation”. • 80 % of $346 M: • $277.4 M • 23 USC (b)(3)(A)(i)(I)(bb) amount is identified as the “remainder” after the available funds less set asides have been taken off then less the 80% amt identified above. Millions $ 277.4 80% Not Used in MAP-21 80% of FY2011 Tot $ DRAFT

9. MAP-21, Sec. 1101(a)(3)(A) • Authorized Amt: $450,000,000 DRAFT

10. 23 USC 202(a)(6) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% DRAFT

11. 23 USC 202 (c)(1) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% DRAFT

12. 23 USC 202 (d)(2) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% • Less Bridge Program • $9,000,000 or 2% DRAFT

13. 23 USC 202 (e)(1) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% • Less Bridge Program • $9,000,000 or 2% • Less Tribal Safety Program • $9,000,000 or 2% DRAFT

14. 23 USC (b)(3)C)(i) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% • Less Bridge Program • $9,000,000 or 2% • Less Tribal Safety Program • $9,000,000 or 2% • Less Tribal Supplemental Fund • $104,375,000 or 30% of $275 M plus 12.5% of amount over $275 M DRAFT

15. The amount available for the Tribal Transportation Program. $291.6 million DRAFT

16. MAP-21 FY13 Distribution Percentages 23.2% DRAFT

17. Where are we now? • Operating under MAP-21 and a 6-mos Continuing Resolution • ½ of the authority has been provided to TTP • Estimated obligation limitation/lop-off was applied to determine funding amount that was made available • Target date - Distribution process to begin this week • FY12 Inventory • 99% final. • Still have a few submittals in appeal process. • Initial focus is on BIA and tribal roads due to MAP-21 formula. • Final lop-off and inventory will be used for next allocation • FHWA/Tribal Program Funding Agreements • Distributed to FHWA Tribes for signature. • RFAs will begin this week.

18. Where are we now? • Regulation Updates: • 25CFR170 • Preliminary Draft update from MAP-21 (and SAFETEA-LU) scheduled for completion in late December/early January. • Will be made available to TTPCC for further distribution to Tribes for review and comment at January meeting. • Will run through formal updating process with goal to be final by October 2013 (FY14). • Bridge (23CFR661) • Same as above • Guidance • Safety funding • TTPCC will have preliminary guidance available at this meeting

19. Contacts • Mr. Bob Sparrow – FHWA’s Tribal Transportation Program Manager • robert.sparrow@dot.gov • Mr. LeRoyGishi – Chief BIA Division of Transportation • Leroy.gishi@bia.gov