TEA-21 Negotiated Rulemaking by Mdfk3H


									          Indian Reservation Roads Coordinating Committee (IRRCC)
                                       Albuquerque, NM
                                       September 27 - 28
                                  Tuesday, September 27 2005
Introductory Comments: the recorder was not present on Day 1. Rick Galloway on day 2 was selected
as the recorder to provide summary notes of the meetings.

                                 Wednesday September 28 2005

Introductory Comments: Cathy Freels discussed the expectations of the IRRCC
The following notes were written by Cathy on the talking points tablet.

Committee Responsibilities- Cathy Freels led this discussion
     25CFR 170.155
     Advisory Committee
     Ethics
     Travel regulations
     Committee is designed to supplement the gov’t to gov’t consultation by coordination and
      obtaining input from tribes, BIA and FHWA
     Provide input and recommendations to BIA and FHWA during development or revision of:
       1. IRR Stewardship Plan
       2. IRR Program Policy And Procedures
       3. IRR Program Eligible Activities Determination
       4. IRR Program Transit Policy
       5. IRR program regs
       6. IRR program management systems policy and procedures
       7. IRR program fund distribution formula
       8. National tribal transportation needs
       9. IRR program national concerns brought to its attention
     This is a Policy Committee [Most Important item to consider]
Cathy stated that if any questions arise; the committee should write them down and forward to her at
         the Solicitor Generals office her in Albuquerque.

Discussions continue from committee:
Pete Red Tomahawk – which Title will take precedents? Title 23, 25 or 49. The regulations need to be
        Conclusion: IRRCC will provide recommendations to the title updates.
Ed Little – Transit agreements are not processing to the funding stage.
        Conclusion: FHWA and FTA do not have a “Trust Responsibility with the Tribes”.
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          Indian Reservation Roads Coordinating Committee (IRRCC)
Robert Sparrow – FTA and FLH do not have a successful history of cooperation and have had
       difficulty completing agreements.
       Conclusion: Acting Federal Highway Administrator, J. Richard Capka has not accomplished
               cooperation with the FLH department. All suggestions need to be direct to Secretary
               Mineta .
                   The IRRCC needs to setup and have a conference call SOON.
Cathy Freels – if this committee offers complaints and directs to the “middle man”; then IRRCC will
       never accomplish its mission – which by the way the IRRCC needs to develop their mission
       Conclusion: IRRCC activities should be directed to FHWA Chief Mineta and Secretary of
                Interior Ms. Norton.
John Healy – as a committee we really must develop a Mission Statement- soon-.
       Conclusion: Strategic Planning session at the next meeting..
Robert Endicott – The Self-Governance Advisory Committee to the Secretary of the Interior has a
       working relationship and formal structure that can be applied to IRRCC .
       Conclusion: review the self-governance guidelines for prototype.
Cathy Freels – there are some items that the advisory committee must enforce and maintain because
       this is a federal Sanctioned and paid for activity.
       1. Etiquette – this refers to ‘conflicts of interest; example would be if any decision was
            beneficial to one member than that member must not be involved with the decision.
       2. Lobby – this committee can not use the meetings or any official activity that can be
            construed as lobbying.
       Conclusion: be aware of restrictions
John Healy – as a committee we really must develop a Mission Statement- soon-.
       Conclusion: Strategic Planning session at the next meeting.
Pete Red Tomahawk – When a committee member is to represent the IRRCC – the membership should
       agree and approve.
       Conclusion: IRRCC will review and setup a schedule of membership appearances.
Pete Red Tomahawk – who will maintain a record of the meetings?
       Conclusion: committee will decide and forward results to BIA & FHWA.
Robert Endicott – The Self-Governance Advisory Committee to the Secretary of the Interior has a
       protocol and structure that can be applied to IRRCC which would allow the recommendations
       to be pitched directly to the secretaries.
Robert Sparrow – Arthur Hamilton is in office only part of the time. His schedule is full and when the
       IRRCC invites his presence - the suggestion or recommendation should be in final stage of
       policy or recommendation status.
       Report summaries should be developed for each meeting and forwarded to Secretaries and Mr.
       The communications (FOIA, Letters of Policy Suggestions and resolutions) should be directed
       to asia, FLH and BIADOT
       Whenever the Job Status of any member changes the secretaries must be informed. Especially
       if the change would affect membersip criteria for IRRCC.
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          Indian Reservation Roads Coordinating Committee (IRRCC)
       Conclusion: discuss these items in the protocols.
Rick Galloway – FOIA requests could be made to other agencies or departments.
Cathy Freels – reminded the IRRCC to stay at the POLICY LEVEL. Please direct any questions to
       Conclusion: Cathy Freels works for the Albuquerque office DOI-SOL the department of
              interior solicitor general = (505) 248-5600.

Cathy Freels – During the Executive Session the IRRCC should address the following:
   1. need to respond to regulation items
   2. develop mission statement, goals and protocol
   3. must develop the answers for:
          a. “what is IRRCC going to do
          b. how are the IRRCC going to do
          c. when the IRRCC will do it
          d. how will prioritization of issues be scored – method of selection for agenda items.
          e. How will budget be documented --- etc…
       Conclusion: include or discuss these items in the protocols..

LeRoy Gishi – 2005 budget will reflect $150k minus the cost of initial Albuquerque meeting. (This
      announcement is different than initial statement that the PMO would cover the “Orientation
      This first meeting travel was handled by the DOI agency – however the agency can not be
      utilized for future meeting travel arrangements (except perhaps the very next meeting).
      The budget ($150k) will be provided for the travel agent to reimburse expenditures upon a
      successful approved RFP contract application process.

The exact wording of motions and other official actions will be retained and
     provided by the secretary of the IRRCC = Mr. John Healy

MOTION – Meetings will be quarterly, with two meetings per year as a minimum, 4 meetings as
     budget allows and allow necessary additional meetings to be called by the Chair.
     Conclusion: motion passed.
NOTE – Conflict in meeting dates etc. must be coordinated.
     Conclusion: to be addressed in the protocols or informally.

Tribal Executive Session:
The committee convened and elected IRRCC officials:
      Conclusion: IRRCC selected the following officers and recorder by consensus.
Pete Red Tomahawk –selected by Consensus as IRRCC Chair.
Sampson Begay –selected by Consensus as IRRCC Vice-Chair
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          Indian Reservation Roads Coordinating Committee (IRRCC)
John Healy – selected by Consensus as IRRCC Secretary.
Rick Galloway – selected by Consensus as IRRCC recorder.

MOTION – IRRCC recorder travel will be paid from the IRRCC budget.
    Conclusion: motion passed.

Pete Red Tomahawk – we must develop for the next meeting the protocol guidelines

John Healy – suggest a monthly official budget report from BIA be requested.

MOTION – BEO office should provide monthly budget reports and designate Jackie as the Travel
       Conclusion: motion passed.
Pete Red Tomahawk – suggest a calendar sign up sheet be developed for meetings and IRRCC
       Conclusion: discuss and develop this in protocols during next meeting .
Question – Can travel reimbursement be paid when this meeting overlaps or piggybacks with another..
       Conclusion: Later in meeting (after executive session concluded) Leroy stated that
              reimbursement is NOT POSSIBLE. – however the committee could ask the Solicitor.
Pete Red Tomahawk – the committee should direct LeRoy Gishi and Bob Sparrow to provide the
       committee a comprehensive list of topics and issues already forwarded to them.
       Conclusion: IRRCC will develop a letter with this included (see attachment letter).
Question – How much of this years (FY2005) $150k is currently available?
       Conclusion: request a status of budget report from LeRoy.

To Do – Develop a letter to Mineta and Norton announcing the committee’s existence.
      Conclusion: Chair will develop a letter.

Protocol Discussion –
What is realistic for committee to accomplish?
  1. how committee works
  2. specific recommendations
  3. consultation: government to gov’g
  4. functions of committee
  5. budget

Sampson Begay - For the first year (FY2005) the Protocols and budget will become the “Annual
      Report” = required by the regulation
John Healy – the budget will be included in the Annual report.
MOTION – John Smith –develop a letter to LeRoy requesting an official budget report.

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           Indian Reservation Roads Coordinating Committee (IRRCC)
      Conclusion: motion passed.
To Do – In letter to LeRoy and Sparrow mention the budget for FY2005 and FY2006 should be
      available = please provide a financial report..
      Conclusion: Chair will develop a letter.
General Consensus – For the next meeting, and until decided differently, the alternates travel will be
      reimbursed. Proceed with paying for alternates until otherwise decided by the protocols. The
      team determined it very important for all attendees whether primary or alternate should have
      complete understanding of the organization of IRRCC.
Location of meetings – each region should propose locations applying the following criteria.
   1. meeting should be at a HUB city.
   2. other locations could be considered if there were favorable bid rates provided by the destination
   3. BIA regional offices will provide meeting rooms at no charge and should be an important
       criteria since all regional offices are generally at HUB locations.
   4. Locations should alternate through each general area-wide locations: those general areas will be
       Conclusion: Could include rotating meeting schedules into the protocols.
Length of meetings – using the Neg-Reg experience there is a saturation point and the irrcc needs to be
       Conclusion: Meetings should be at least 2 days long with a preferred length of 3 days
                (maximum) with Monday and Friday as travel days.
       Conclusion: Include meeting length into the protocols.
How Many meetings – Quarterly.
       Conclusion: Meetings should be at least 2 days long with a preferred length of 3 days
                (maximum) with Monday and Friday as travel days.
How much time per issue – using the Neg-Reg experience there is a saturation point and the irrcc
       needs to be frugal.
       Conclusion: Meetings should be at least 2 days long with a preferred length of 3 days
                (maximum) with Monday and Friday as travel days.
Where to have 1st meeting – start with California, San Diego or Sacramento, Pacific Region, WEST.
       Sacramento houses the BIA offices and is preference for meeting location unless an alternate
       proposal is fiscally prudent.
       Conclusion: Bo Mazzetti will coordinate the location, schedule and potential bid proposals.
                Coordinate with Gishi and Sparrow. The DOI travel office might be able to provide
                assistance for the first meeting. Necessary since the RFP for travel assistance will likely
                not be developed until this meeting occurs.
How will issues be prioritized – which topics and when will topics be addressed by IRRCC.
       Conclusion: Prioritizing issues will be addressed at next meeting.
Who should attend next meeting – Travel reimbursement available for=.
       Conclusion: Primary and Alternates should attend next meeting.
Agenda items for next meeting – The following items are a “short List” agreed to by the committee.

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          Indian Reservation Roads Coordinating Committee (IRRCC)
    Conclusion: Include the following IRRCC organization and structure agenda items to address
          at the California meeting.
       1. Travel – RFP: develop a RFP to secure a Travel Agent for IRRCC.
       2. Prioritization method.
       3. Issue submittal process.
       4. IRRCC Protocol guidelines (review the Self-Governance guidelines).
       5. Budget procedures and expenditure etiquette.
       6. Strategic Planning session.
       7. Develop a workplan
MOTION – Per Diem and travel reimbursements will be same as federal rules and guidelines.
    Conclusion: motion passed.

MOTION – Alternates and Primaries will attend the next meeting and be reimbursed for travel.
    Conclusion: motion passed.

LUNCH happened sometime around here in summary notes.

MOTION – Reimburse 1 car per region out of IRRCC budget.
    Conclusion: motion passed.

MOTION – Develop a RFP for the travel agency contract.
    Conclusion: motion passed. Note: Mr. Sparrow will assist in the development of this RFP,
          making sure the contract will satisfy Federal Contracting Requirements.

Note on MOTIONs – all motions are “Draft” until accepted and approved at the following meeting”
      Conclusion: adopt all motions at the next meeting.
To Do – Develop a letter to LTAP addressing the representative for Scottsdale annual meeting. Letter
      will inform them of the IRRCC initial situation and state that the protocols are being developed.
      Conclusion: Chair could give little overview and request assistance and patience from the
              peanut gallery.

Tribal Executive Session concludes at 2:10pm:
Meeting reconvened – although some persons went home – there still was a quorum – with 9 regions
      in attendance.

The afternoon discussion was an open subject round-about intended at developing an initial list of
       items that the IRRCC would address. Those items discussed include:
   1. Inventory review
   2. IRR LRTP requirement and other issues
   3. 27,000 IRR updates submitted and ____?___ rejected
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           Indian Reservation Roads Coordinating Committee (IRRCC)
   4. Cost to Improve (CTI) is still used when the Regulation clearly states the new distribution
      formula is based on Cost to Construct (CTC).
   5. Class of roadway, Future Surface Type and ADT relationships and default values.
   6. a list of 7 items were included into the discussion items and a Motion and vote was called to
      accept those items as possible discussion items for the Prioritizing activity scoring process. –
      MOTION PASSED to accept the list.
   7. IRRCC could suggest research proposals.
   8. Ed Hall suggested = research be supported for investigating ~ Facilities Management and
      Roads Departments combined into a Public Works department which includes: housing, roads,
      tribal facilities etc, evaluate if this provides a potential for cost savings and sharing.…

Note on Protocols – the protocols must include the methodology of including items for discussion and
      how to submit items for prioritizing by the IRRCC.
      Conclusion: include this aspect in the protocols.
IRRCC Session concludes about 4:00pm:
The following list of items were accepted by committee as important and requiring IRRCC review.
These items were displayed on the projector screen.
Presentation: -discussion of IRRCC issues and topics of interest
Issues forwarded in a letter issued to Secretary Norton:

       Re: SAFETEA-LU and the IRR Program Coordinating Committee

        The September meeting provides a vital opportunity for the Coordinating Committee to identify
issues and discuss procedures for updating the IRR regulations to make them consistent with statutory
authority. Among the provisions that should be considered are the following:
     25 C.F.R. §§ 170.460 - 170.463 (regarding procedures for the review and approval of plans,
        specifications and estimates (PS&Es)), which would appear to be inconsistent with Sec.
        1119(e) of SAFETEA-LU
     25 C.F.R. § 170.600 (regarding notice of availability of funds), which does not seem
        compatible with SAFETEA-LU Sec. 1119(c) (requiring IRR Program funds to be distributed to
        tribes within 30 days of receipt by BIA)
     25 C.F.R. §§ 170.442 – 170.444 (inventory provisions), which need to be squared with the
        national transportation facility inventory required by SAFETEA-LU Sec. 1119(f).
     25 C.F.R. § 170.934 (regarding availability of Alternative Dispute Resolution (ADR)), which
        should be evaluated and compared to SAFETEA-LU Sec. 1119(g)(5)(I)
     25 C.F.R. § 170.116 (stating that IRR Program funds may not be used for road maintenance
        activities), which conflicts with SAFETEA-LU Sec. 1119(i) (providing that up to 25% of IRR
        construction funds may be used for road maintenance activities)
     25 C.F.R. §§ 170.911 – 170.917 (regarding Indian and tribal employment preferences), which
        should be reviewed in light of SAFETEA-LU Sec. 1119(h)(3)(A).

    Additionally, the IRR Program Committee should have the opportunity to discuss those provisions
in SAFETEA-LU which address tribal transportation matters that are not currently covered by the IRR
Program regulations. Among those issues are the following:
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          Indian Reservation Roads Coordinating Committee (IRRCC)

      Sec. 1119(g)(4) (authorizing the Secretary of Transportation as a signatory of agreements under
       Indian Self Determination and Education Act (ISDEAA))
      Sec. 1119(g)(1)(A) (making available IRR Bridge Program funds for planning, design,
       engineering and preconstruction activities)
      Sec. 1119(g)(4) (clarifying that tribes carrying out IRR Program activities under ISDEAA
       agreements are entitle to receive their allocation of IRR Program funds, plus the amount of
       funds the BIA would have used for project administration)
      Sec. 1119(l) (creating a Deputy Assistant Secretary for Tribal Governmental Affairs)
      Section 1802(a)(3) (establishing tribal eligibility for the National Scenic Byway program)
      Section 1115(a) (fostering tribal-state discussions regarding motor fuel tax issues)
      Section 1119(k) (providing terms for tribal-state road maintenance agreements)
      Section 3013 (creating a grants program for public transportation on Indian reservations)
      Section 3021 (making tribes eligible to receive grants for alternative transportation programs
       for to parks and other federal lands)

     We additionally urge that during the September meeting, the BIA provide a report on the status of
its IRR Program inventory data to the Coordinating Committee. Now that SAFETEA-LU has
provided funding levels for the IRR Program, there are concerns that the BIA may have begun
determining tribal allocations of IRR Program funds despite data gaps in the IRR inventory. This
possibility that the BIA might distribute erroneous funding allocations due to inventory data problems
is a matter of national concern that requires IRR Program Coordinating Committee input and
recommendations as provided by 25 C.F.R. §170.156(c).

Additional items developed at the September 2005 IRRCC meeting
   1. LRTP requirement for inventory additions and updates.
   2. contract concept for 638 project administration / agreement items are still forthcoming from
      lawyers – likely to look like project admin
   3. self governance tribes= payment mechanism.
   4. 638 law contract conflict – fixed price in 638 – however if tribe enters a cost reimbursable ,
      then tribe only receives value allowable and not really a reimbursement but becomes a “fixed
   5. IRRHPP category scoring policy issues.
   6. ADT vehicle counts policy of update procedures
           a. Tribal hand counts
           b. State counts
           c. County and other local
   7. Why, where are adt’s reguired.
   8. Is it possible to 638 training
   9. resolutions
   10. minimum attachment’s

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          Indian Reservation Roads Coordinating Committee (IRRCC)
   11. Tribal Transportation Improvement Programs (TTIP) shall be regarded as updates to Long
       Range Transportation Plan (LRTP).
   12. TTIP should be considered a reasonable LRTP substitute when the LRTP is not available,
       outdated or determined as superfluous.
   13. IRR inventory updates are considered LRTP updates.
   14. IRR HPP applications are treated as updates to the IRR inventory.
   15. IRR HPP application projects can establish amendments to the TTIP.
   16. IRR HPP applications are considered updates to the LRTP.
   17. Readiness to Proceed’ with construction is a scoring value category and not exclusion criteria
       used to classify PS&E and Construction projects separately. It is probable that, in the case of
       smaller tribe’s applications, that an IRRHPP construction project will include the PS&E, ROW
       acquisition and construction phases within a single application. BIADOT will not require that
       each phase of a IRRHPP project be submitted on separate applications, i. e. one for the PS&E
       development; and another for Construction when both can be completed with an award amount
       less than the one million dollar ($1,000,000) maximum.
   18. IRR update items lists and requirements – suggest RIFDS training
   19. how do we implement and support self-determination
   20. Contents of the Secretary of Interior letter
   21. contents of the federal register announcement
   22. how are BIA agencies evaluated for retention and or inclusion into the regional office; possible
       combining of agencies – instead of elimination.
   23. PAF – population adjustment factor
   24. expanding the regulation items to provide additional direction

The following is an UNSIGNED version of the letter forwarded to BIA & FHWA.

                         IRR COORDINATING COMMITTEE
                        September 2005 Meeting in Albuquerque

                                 LETTER TO FHWA & BIA

                                          September 28, 2005

LeRoy Gishi
Bureau of Indian Affairs Division of Transportation (BIADOT)

Bob Sparrow
Federal Highway Administration (FHWA)
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                Indian Reservation Roads Coordinating Committee (IRRCC)

          Re:     IRR Program Coordinating Committee Executive Session

Dear Mssrs. Gishi and Sparrow:

In Executive Session, the IRR Program Coordinating Committee ("the Committee") discussed the
Committee activities and budget for FY 2005 and FY2006 and makes several requests and
recommendations as stated in this letter.

The Committee understands that its budget allocation for FY 2005 is $150,000 and that this first
orientation meeting was paid by funds other than the FY 2005 allocations. The Committee directs that
the $150,000 allocated for FY2005 be carried over into FY 2006. Therefore, the Committee
understands that the amount of funding available to cover costs of the Committee's activities for the
FY2005-FY2006 period is $300,000.

In order to effectively manage the Committee budget, the Committee requests that the BIA DOT track
Committee expenditures and provide monthly reports on budgets to the Committee.

The Committee further requests that BIADOT retain responsibility and delegate a point of contact for
coordinating all travel and meeting logistics and take responsibility for the processing of travel

The Committee directs that you identify a comprehensive list of issues that the federal Committee
members recommend for the Committee to address. The Committee will utilize this list in developing
its areas of work which will be identified in the protocols the Committee will develop as part of its
annual report to the Secretary.

The Committee will prepare its protocols for review and signature by the Secretaries of Interior and

The Committee requests a clarification from you and/or the Office of the Solicitor regarding the
relevant travel regulations governing Committee meetings. The question is to what extent are
Committee travel expenses covered when meetings take place in conjunction with other tribal

                                                     Pete Red Tomahawk

                                                     Sampson Begay
                                                     Vice Chairman
Attest:           John Healy, Sr.
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