BIA Q&A

1. Where can the public get information on the BIA long-range transportation plans?
   From the Federal Highway Trust Fund.
2. Where does the BIA get their funding to maintain the highway?
   The Federal Lands Highway Program (FLHP) funds transportation activities for the Indian Reservation Roads (IRR)
3. STIP - Why hasn’t the BIA become actively involved?
   The BIA Regional offices provide TIP information to FHWA for approval and submittal to the states for inclusion in their STIPs. BIA’s processes and planning efforts are different than the states as a whole and FHWA has requested coordination between BIA and FHWA when TIPs are submitted to states.
   
   The Navajo Region TIP is provided to the states as soon as FHWA approval is acquired. This is done directly by the Federal Lands Highways Office in Washington, DC to the respective states.
   
   BIA-Western Regional Office (WRO) involvement in the STIP is currently limited to providing IRR Program project information to Councils of Government, upon request, and providing ADOT with a copy of the IRR program - TIP, which usually comes from FHWA after IRR-TIP approval.
4. Why are not all tribal projects in the TIP by (BIA) WRO?
   The TIP generated by the BIA is for road construction projects that are being funded with IRR funds. There are no provisions in the current IRR TIP process to include tribal road construction projects funded by the tribe or other sources.
5. How much does the Navajo-BIA get for construction? Is there any other funding that it gets?
   The BIA Navajo Region IRR Program receives between $36 to $64 million in road construction funds each year as determined by a published distribution formula, which may include additional Revenue Aligned Budget Authority (RABA) funds.
6. Does Navajo contract through 638, have a share on the BIA’s 6% administrative operation?
   No, not currently. Navajo Region 638 road construction contracts are fixed-price contracts where administrative costs as well as profit are built into the unit bid items. The BIA’s 6% is the cap amount allowable for administrative costs but, for the Navajo Region Roads Program Management and Operations are at 4.4%, or less than the allowable.
7. Where does BIA fit into FHWA funding processes?
   Through the IRR Program, which is a category of the FLH Program.
8. Where does the BIA plan go after approval – to get funded?
   Projects identified in the plan for BIA-IRR funding are included in the IRR TIP process. Upon approval of the TIP, the BIA can initiate the planning process to prepare a project for eventual construction. Projects identified in the plan for BIA-IRR funding are included in the IRR TIP process.
9. After the BIA plan is submitted/approved by FHWA, how does it get funded? Does it flow into the ADOT LRP?
   The plan is provided as information only for the STIP and has not flowed into the ADOT LRP. For the IRR Program, once the IRR TIP is approved, funds are made available to the BIA for expenditure on those approved projects.
10. How does BIA IRR accommodate transit systems?
    It is an eligible activity depending on tribal or local priorities.
11. How do ADOT and BIA interact at the interface of each other’s roads?
    Each agency is responsible for maintaining their roadway section to where it actually intersects with the other’s roadway. ADOT district offices and the BIA Navajo Region Roads Office have worked together to try to improve intersections of State highways and BIA routes adding turn lanes and re-striping, as funds are available. Also, interaction takes place through memorandums of agreement, especially where BIA roads intersect with state highways. A request to cost share for intersection improvements is made to ADOT. Coordination is between the BIA (usually the Agency Roads Office), the ADOT district engineer and/or local maintenance supervisor. Construction easements are obtained for connections to the each other’s roads.
12. Local trucking has increased through SR 264 into Low Mountain…what can be done to help the BIA improve this road (60N) to safety?
    There is a citizens group working on this issue. Both Hopi and Navajo need to make it a priority on both the Western and Navajo Region TIPs. For the Navajo portion of N60, the Navajo Nation has to get the project in the priority system before anything gets done. For the Hopi portion, the Hopi Tribe has to be consulted. A major portion of N60 is within Hopi jurisdictional lands.
13. Why doesn’t BIA provide more or better communication of laws, regulations, and policies?
    We (BIA-WRO and NRO) have and will continue to provide tribal leaders with information on laws, regulations and policies pertaining to the IRR program.
14. Where does BIA funding come from?
    Funding has come from the Highway Trust Fund since 1982. Congress has made refinements and they have been made aware of tribal needs. The funding formula utilized is called relative need, which includes the cost to construct a section of road from existing to 20-year life. Cost to construct includes signs, striping, right-of-way, fencing, etc. and is factored in with vehicle miles traveled and population to assist in the funding process.
15. Please provide some detail on the Indian “Restoration” Program.
    $13 Million is available annually for bridges and other structures that need repair. Non-BIA system IRR bridges and their costs can be shared with ADOT or other entities. They build roads, new roads, reconstruction, rehabilitation, road sealing (up to 15%) and bridges. Mass transit infrastructure is being discussed but funding has not increased, which makes it difficult at this time.
16. What about BIA contracts?
    By Indian - self-certifying, 51% Indian owned. All construction work is contracted out (93-638 contract). Open market, a lot of work is subcontracted. Negotiations have not been completed yet on compact, but hope to in the next year. 30 - 40% of work done is done via 638 contracts. BIA often uses ADOT specs on projects. National Institute for Certification in Engineering Technologies (NICET) certification is required for all inspectors. Quality is normally very good. $12 - $14M stays in Arizona. The BIA provides Indian preference.
17. What amount of money is allocated for the 41 tribes in the BIA Western Region?
    $20 to $24M annually is allocated for 41 tribes. Presently the BIA is doing an inventory update of all BIA roads. Funding is based on cost to construct (50%), vehicle miles traveled (30%) and population (20%). Project selection is based on transportation plans, political considerations or over-riding safety concerns. There is a 10-year priority cycle.
    
    When BIA partners with other entities, (e.g. State/county) it takes BIA funds away from other priorities. Project development takes approximately two years including survey, design, archaeological and environmental elements and public involvement.
18. What are other IRR funds?
    Bridge rehabilitation, discretionary and Emergency Relief for Federally Owned Roads (ERFO) funds are additional resources and must be channeled through the State process.
19. Define IRR System.
    The IRR System includes all roads leading to or on a reservation. Most all are eligible for funding. However, they must have right of way or construction easements prior to construction.
20. Could the BIA contribute to a joint partnering with ADOT (e.g. BIA to provide the survey, archeological and environmental studies) if ADOT did the construction?
    Yes, with tribal support.
21. Does the BIA get involved in IGAs with other entities?
    Normally, the BIA does not get involved in IGAs with other entities. It is usually handled at the agency/tribal level. BIA stays out of operations. BIA has been involved with some IGAs with the State for intersection improvements, traffic signal construction and bridge replacement.
22. How many regional offices does BIA have?
    There are 12 regional offices nationally. $24M is dedicated to the Western Region Office (WRO) and is distributed to each tribe.
23. How many employees are on the BIA-WRO staff?
    There are approximately 34 staff members at BIA-WRO. There are ten design staff, two engineers and two technicians. Construction staff includes six staff members, planning has one and the remaining employees are in Archeology, Environmental, IT, Maintenance and Administration.
24. Is there a mechanism for BIA to obtain Motor Vehicle Crash (MVC) data from Tribal/BIA Police Departments?
    Not to my knowledge. Accident data currently in our possession was obtained from available sources during the development of Long Range Transportation Plans (LRTPs) and from Indian Health Service (IHS) MVC studies, which are more than five years old. The BIA is working on making this activity the duty for a pending Transportation Engineer position.
25. Can more current injury data be included in the project selection and programming process?
    The answer is yes if we are provided the data.
26. Do tribes have access to traffic safety data and how can it be obtained?
    The tribes have access from Tribal/BIA Police, the Indian Health Service (IHS), the Arizona Department of Health Services, ADOT and the Governor’s Office of Highway Safety. Data can be obtained by requesting through the appropriate channels and some data is available on the Internet.
27. Do tribes participate in various training (LTAP program)?
    Tribes should participate in various LTAP Training sessions. More information is available at: http://www.azltap.org/.
28. Can BIA road maintenance training be offered?
    Some training is already offered through the TTAP’s and the LTAP’s. The appropriate contact person for training needs is Al Trimels, BIA Western Regional Maintenance Engineer at 602.379.6782. He can provide specific information regarding training and the scheduling of workshops.
29. Rural tribes have expressed concern over not having equipment. Can BIA assist with this? Graders are needed for maintenance of the roads.
    The contact person for this issue is Al Trimels, BIA Western Regional Maintenance Engineer at 602.379.6782.
30. Why is it that the Western Regional Office notifies tribes at the last minute for available funding?
    Notice of Funding Availability (NOFA) letters are sent out when obligation authority is received to spend the funds. The NegReg process has delayed the distribution of funds to BIA Department of Transportation and Regional Offices, which in turn has delayed the availability of funds for tribal use.
31. If BIA funding is so limited, why is it used on state highways?
    Funds are used on state highway and county road projects at the request of the tribe. This action requires a tribal resolution and an IGA or MOA.
32. How often does your Regional Director have workshops or updates on funding, planning, projects or do you leave that to your Roads Manager who is often too busy?
    Annual meetings were held with tribes and agency roads managers prior to the initiation of the NegReg Process. Delay in the receipt of funding, due to the NegReg Process has limited the ability to fund these meetings. We plan to initiate these meetings again when funding allocations become predictable. Until then, we will have to rely on the Agency Roads Managers to keep the tribe(s) abreast of road program activities and provide as much technical assistance as possible.
33. How informed are your tribal leaders in BIA roads? How often do you visit the tribes that you represent to try to have forums with them and the state regarding funding?
    Knowledge of the IRR program varies from tribe to tribe. Both Mr. Palmer and myself (Bob Maxwell) have traveled to reservations and held work sessions on the IRR program with tribal representatives, usually at their request. With the exception of meetings on specific projects, the only meetings with ADOT, COG, County and MPO officials have been the recent State/Tribal Transportation Forums.
34. When and how are transit projects considered by BIA? There are only three tribal transit systems within the state.
    There are currently no guidelines for the use of IRR Funds for transit projects, which makes identifying what they can and cannot be used for difficult. Transit project requests are currently being funded on a project-by-project basis subject to BIA/ADOT review and approval.
35. What technical assistance does WRO Roads provide to tribes regarding transit and mobility?
    Technical assistance is currently limited to advising tribes about the transit programs offered by the state. We are working on making this activity the duty for a Transportation Engineer position.
36. Does the BIA have to have right of way before a road can be placed on the BIA system?
    No, right of way can be acquired later. The road must, however, meet all other eligibility requirements.
37. Have the Tribal Long Range (20 Year) Transportation Plans been taken into consideration by the State long range transportation plan study?
    Copies of tribal LRTPs were sent to ADOT and the MPOs with the intent that state highway improvement needs identified in these plans would be considered in the State’s LRTP.
38. When are tribal TIPs due to BIA?
    There is currently no specific due date for tribal TIPs. The sooner they are submitted, the sooner we can begin using them to program projects in the IRR TIP. When TIPs are developed, the BIA input is needed to coordinate the project elements.
39. Can transportation-planning funds be used for staff?
    These funds can be used to perform transportation planning activities. A statement of work and budget is required.
40. Does BIA have transportation plans available to ADOT? Expand distribution list to include district engineers.
    Copies of all LRTPs completed on Indian Reservations in the last five to ten years have been provided to the ADOT Multimodal Planning Division and applicable MPOs. Several copies were sent to ADOT for distribution to district engineers. Copies were also provided to Phoenix Area IHS Injury Prevention Contact.
    
    A statement of work for LRTP updates currently being performed by tribes’ calls for consultation with ADOT, COGs, MPOs and counties. It also calls for the submittal of a copy of the “Draft” Final and Final Reports to these agencies.
41. Do you ever have amendments to your TIP? I have never seen or am not aware of any that have been processed.
    There have not been any amendments to the WRO’s IRR-TIP in the past few years, due to the delay in getting our funding allocation, which has delayed generation of the TIP for the current three-year period to the fourth quarter of the year.
42. Do MPO/COGs have input on BIA planning process?
    At the present time, the only opportunity for input into this process is in the development and updating of Tribal LRTPs
43. Do the Tribal Council and/or ITCA approve the TIPs? Is there a formal rating criterion?
    Tribes and ITCA do not approve the IRR-TIP. Approval is by BIADOT and Federal Lands Highways. Tribal Councils are the approving authority for tribal TIPs.
44. Can the BIA 5704 form be changed to show functional classification for BIA and state systems for the same route or segment?
    This question refers to BIA’s road inventory form, which is tied to the BIADOT database. It would have to be changed at BIA. New regulations bring it more closely in alignment with ADOT’s, but not exactly yet. We have tried in the past to get it the same as FHWA.