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FHWA/Tribal IRR Program Agreements by 8ZuEVs


									  FHWA/Tribal IRR
Program Agreements
Council for Tribal Employment Rights
     Legal Update Conference
           December 2010
FHWA/Tribal Agreements
• Authority
  – Safe, Accountable, Flexible, Efficient
    Transportation Equity Act: A Legacy for
    Users [SAFETEA-LU]:
    • “All funds made available to an Indian tribal
      government under this chapter for a highway,
      road, bridge, parkway or transit facility or
      project on or providing access to a reservation
      shall be made available on request of the tribal
      government to the tribal government in
      accordance with ISDEAA….”
FHWA/Tribal Agreements
• Authorizes DOT Secretary to enter into
  program funding agreements [not 93-638
• Amount a tribe receives equals:
  – Funding that the Tribe would otherwise
    receive in accordance with the formula [25
    CFR Part 170; Subpart C]; plus
  – An amount as determined by the DOT
    Secretary as the amount that BIA would
    withhold for project administration.
 FHWA/Tribal Agreements
• Eligibility
   – Financial stability and management capability
     during the preceding three years.
      • No uncorrected significant and/or material audit
        exceptions is conclusive evidence.
         – Not meeting above requires additional reporting and
           oversight by FHWA and additional reporting by Tribe

• Tribe assumes all powers, functions and
  duties (that are not inherently Federal or
  cannot be transferred) that the Secretary
  of the Interior would have performed.
FHWA/Tribal Agreements

• Agreement Structure
  – Two separate parts
    • IRR Program Agreement
      – Multi-year through SAFETEA-LU
      – Provides general overview of program and the
        roles and responsibilities of the parties
 FHWA/Tribal Agreements

• Agreement Structure (cont)
  – Two-part agreement
    • Referenced Funding Agreement (RFA)
      – Developed as funding comes available
        (examples: annual/monthly/under each CR)
      – Provides funding and outlines activities for that
      – Obligating Document
IRR Program Agreement
• Contents
  – Authority
    • Identifies Federal and tribal laws
  – Purpose
    • Transfers IRR Program contractible functions
      and duties to the Tribe;
    • Provide Tribe its formula share of IRR Program
IRR Program Agreement
• Contents
  – Terms, Provisions, and Conditions
     • Length of Agreement, Powers, Dispute
       Resolution, Eligible Activities, Limitations,
       Interest, Flexible Financing, Applicable
       Regulations, Equipment Pools
  – Responsibilities of the Tribe
     • Health and Safety, PS&E Approval,
       Transportation Planning and Inventory, PE
       Activities, Construction, and Reporting
  IRR Program Agreement
• Contents (cont)
  – Responsibilities of the Administrator
     • Fund Allocation, Public Authority Coordination,
       Technical Assistance, Standards (State or other
       per 25 CFR 170), Inspection, Stewardship and
  – Other Miscellaneous Provisions
     • Eligibility of additional funds, Sovereign Immunity
       and Trust responsibility, Federal Tort Claims Act,
       Indian and tribal preference, Amendments, Good
       faith performance, Successor Agreements
     Referenced Funding
      Agreement (RFA)
• Contents
  – Authority
  – Effective date and fiscal year
  – Purpose
     • Identifies purpose, funds and activities to be
• Contents
  – Summary of Funding provided
    • Balance of any previous year carryover
    • Current Year IRR Funds
      – IRR Design and Construction Funds (RNDF)
      – Transportation Planning (2%)
      – Population Adjustment Factor (PAF)
      – IRRHPP (if applicable)
      – IRR Bridge Funds
      – Other FLH funds
      – PRAE funds
• Contents
  – Activities to be performed
    • Requires attached FHWA-approved
      IRRTIP or documentation
  – Time Requirements for Payment
  – Method of Payment (electronic)
FHWA/Tribal Agreements
• Tribes to date:
  – In 2006, 3 Tribes signed these Program
    Funding Agreements with FHWA.
  – Currently, the number of Tribes opting to
    work directly with FHWA is 82, including two
  – Primary locations include Alaska, Northwest,
    including Northern California, Southwest,
    Oklahoma, and Northern Plains.
             FHWA Staffing
• IRR Team made up of three primary
  – HQ
    • Oversees national issues and carries out financial
      responsibilities and program reviews
  – Lakewood, CO and Vancouver, WA
    • Carries out stewardship and oversight of and
      provides technical assistance to Tribes in their
      respective geographic areas.
          Final thoughts….
- The Indian Reservation Road Program is funded at $450 M
in FY10
- Presently operating under a Continuing Resolution and
- IRR System is approximately 130,000 miles
   - Only 40% are classified as BIA/Tribal Roads
-IRR Guidebook on line at:
   - Contains useful information on Agreement and
     expectations of the program.
- DOT website
-Email us for a copy of the Funding Agreement Template
              Bob Sparrow
         IRR Program Manager
     FHWA - Office of Federal Lands
            (202) 366-9483

             Vivian Philbin
Assistant Chief Counsel, Federal Lands
             (720) 963-3445

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