Funding Q&A

1. What qualifies for Bridge Replacement funds?
A bridge on any public road that meets the qualifications for replacement will be considered. This includes roads that are not functionally classified for federal highway funds, but are owned/maintained by a public entity. ADOT administers these funds through the COGs, so that is where to go for your requests. There is also the IRR bridge replacement fund administered by BIA for IRR roads.
2. Are native tribes eligible to receive funding from HBRRP, or does it vary depending on the status of the tribe?
Native tribes are eligible to receive Highway Bridge Replacement and Rehabilitation Program (HBRRP) funds provided the bridge is deficient and is located on a public road. ADOT Bridge Section can assist with determining the sufficiency rating of the structure. The status of the tribe would only depend on what Congress says. HBRRP funds are primarily available through the BIA.

COGs and MPOs

1. How does the COG prioritize projects and allocate funding?
   Funding is allocated to each county based upon population. Individual projects can be submitted by any county, city, town or tribe. Then, the COG representatives from these entities review the project requests and, through a consensus process, collectively decide on the priorities and where the money will be spent. It is recommended that project requests be provided to the respective district engineer so that they may coordinate with the COG regarding priorities.
2. What is the process for counties to get COG money and service rural tribal communities?
   The tribes need to work with the counties and the COGs to be represented on the different committees and work groups.
3. Why is funding of projects based upon recommendations of PAG/COGs? Since these organizations do not encompass tribes as a whole and base membership on fees according to populous.
   Each state sets up a process for allocating funds. Arizona uses the COG/MPO structure. Tribes must use these groups like all other public entities in the state, i.e., cities, counties, etc.
   
   Federal Law defines the role of MPOs and the planning process, including development of TIPs is defined within this law. These organizations make project selection and distribution of funding possible.

Emergency Road Funds

1. ISSUE: Compensation for emergency use of tribal roads
   Further commentary: There are times when the state or interstate highway is closed due to an accident or other emergency. Traffic is then routed through the reservation as an alternate. The heavy truck and car traffic stresses the roads and does some damage, yet we are not compensated for this use and the maintenance costs incurred. It was noted that some compensation has been given in the past under certain conditions. This should be brought up with the ADOT district engineer in your area to see what further action can be taken.
2. To qualify for ER funds, does the area have to be declared a disaster area by the state?
   Using federal funds yes it does, by the Governor and the President.

Federal Lands Highway Program (FLHP) and the Indian Reservation Roads Program (IRR)

1. How do we tap into the federal lands discretionary funds?
   As mentioned in the FHWA presentation, the discretionary funds represent a very small amount of money on an annual basis ($5 million statewide). It is part of the Public Lands Highway Discretionary (PLHD) Program, and through congressional earmarking has become very political in its distribution. As a result, FHWA does not issue a solicitation of candidate projects for PLH Discretionary Funds. However, if you wish to pursue some of this money, FHWA and/or ADOT can help with the application process. Contact their office in Phoenix or one of your regional representatives.
2. When the tribe applies for discretionary funds and is not selected, can the tribe apply again?
   Yes, the tribe can apply again. Please coordinate efforts with the respective District Engineer and COG.
3. Why is funding low for IRRP (FLHP) as compared to the other programs?
   Funding is set by Congress and distributed according to the Neg Regs. Unless the general public (including Indian tribes) lobbies for increases in the Federal Lands Highway Program, the funding levels will remain stagnant.
4. Why is FLHP identified as a funding source for IRR?
   FLHP can be a funding supplement to an IRR programmed project and it is identified as a direct source of Federal funding and as a category under the Federal Lands Highways Program under Title 23.
5. Why is there only $5 million designated for the FLHP (IRR) pot when that’s the most sought after area for tribal highway funding?
   Clarification: $5 million in FLHP discretionary funding is for Arizona, $275 million is for the entire IRR program under TEA-21.
6. How can the tribal governments get more involved in the FLHP program to receive additional funding?
   Tribal governments are encouraged to contact the Central Federal Lands Office in Denver, Colorado to establish this dialog. The Phoenix FHWA office does not work with the FLHP program.
7. Are there limits for the use of federal discretionary funds?
   Each discretionary fund has its own terms. Usually there is no time limit once they become available, but that can vary. Funds need to be obligated the year they are allocated. Discretionary funds need to be obligated the year they are announced. This requires a work plan to support obligation of the funds.
8. Can Indian tribes/BIA access Federal Land Highway Program (FLHP) funds?
   Yes, IRR funds are a subset of FLHP. There is approximately 5 million dollars per year available through the FLHP Discretionary Program. In recent years Congress has been making the decision on how the funds will be used due to earmarking.
9. What is the breakout of IRR construction funds? Other % of other funds? Source for local roads?
   Of the 12 BIA Regions nationwide, the Navajo Region received approximately $56 million for fiscal year 2002 in IRR construction funds. There are no other funds for road construction. The IRR source of funds can be applied to local roads as long as the local roads are listed in the Tribal road construction priority system.
10. Is ITS eligible for funding under IRR?
    Yes, Intelligent Transportation System (ITS) projects are eligible for funding under IRR.

FTA Section 5310 Elderly and Person with Disabilities Transportation Program

1. How are 5310 funds obtained?
The Section 5310 Elderly & Persons with Disabilities Program is a federal grant program administered by ADOT-TPD. This assistance is provided primarily in the form of new vehicles and related equipment which meet the transportation requirements of elderly persons (60 years+) and persons with disabilities of all ages, provided through private non-profit corporations, public agencies, and Native American communities and agencies. The program involves a competitive regional and statewide application process among qualified applicants. Grant recipients are required to remit a local match of approximately 20% of total state-incurred costs.

Regional Councils of Government (COGs) and Metropolitan Planning Organizations (MPOs) assist ADOT in notifying (starting in December and January of each program year) and ultimately screening – prospective applicants. Program application and guidelines are distributed through the COGs and MPOs. Each COG and MPO schedule application deadline dates for their regions and receive applications for review and ranking. COGs and MPOs then submit completed applications in order of regional priority to ADOT. ADOT reviews applications and submits statewide application to the Federal Transit Administration for program funding approval. Program application and guidelines can be obtained through the regional COG or MPO. Program information can also be obtained through the Program Administrator at 602.712.6736 and on the ADOT web site at www.azdot.gov/mpd/Community_Grant_Services/Section5310.asp
2. What is the future of the Section 5310 funds? LTAF no longer available. What dollars could rural communities use as a match to get grants (through 5310)?
The status of State LTAF II funding currently has no direct effect on the availability of federal funds under Section 5310. However, the future of the 5310 Program would depend on the outcome of TEA-21 reauthorization. Under 5310, an applicant must provide financial assurance that it has available the required local cash match from a non-federal source. As a general rule, other federal funds cannot be used as local match funds, except where specific legislative language of a federal program permits its funds to be used to match other federal funds.

FTA Section 5311 Rural Public Transportation Program

1. What is the process for tribes to tap into the Section 5311 funds?
The Section 5311 Rural Public Transportation Program is a federal grant program administered by ADOT-MPD. This assistance is provided to fund general public transit systems in rural and small urban areas (under 50,000 population). Funds are available on a competitive basis and may be used by successful applicants for the operation of transportation systems and for related administrative expenses. Under the program, 80% federal funds and 20% local match funds are utilized for capital outlay, and 50% of federal funds are utilized for operating expenses. Funds are also available for planning assistance to eligible recipients with the federal share not to exceed 80%.
2. What is the availability of 5311 General Transit Funding for buses/vans (e.g. local transit, dial-a-ride, etc.)?
   There is approximately $2.5 million per year with a 50% match. Tribes can possibly apply directly to Congress for “Pork Barrel” type legislation for large capital investments like a fleet of buses.

Funding Sources

1. Can gaming revenue be used for transportation?
   Yes.
2. Identify specific funding available for tribes.
   Tribes can work with the ADOT district engineer and respective COG to identify project-specific funding.
   
   Per BIA-WRO and NRO the following are identified:

   • IRR (2%) Tribal Transportation Planning Funds - Available from the BIA for transportation planning projects/activities under a P.L. 93-638 contract or grant.
   • IRR Construction Funds - Available from the BIA for the construction and improvement of roads, bridges and transit facilities, and for transportation planning projects/activities, under a P.L. 93-638 contract or grant.
   • IRR Bridge Program Funds - Available from the BIA for the rehabilitation or reconstruction of deficient BIA bridges, under a P.L. 93-638 contract.
   • Federal Lands Highway-Discretionary Funds - Available from the FHWA - Federal Lands Highway Office, through state DOTs, for road construction projects, and transportation planning that promotes and/or benefits tourism and recreational travel. Applications for these funds are submitted by the tribe to the state DOT.
   • Tribal Gas tax Funds B Available through the appropriate tribal transportation department for use on local non-BIA roads and bridges.
3. Funding sources: There seem to be a greater need for understanding the availability of funds from the various programs.
   Participating through the local MPO/COG is a good way to learn about some of the funds available. FHWA discretionary funds have been essentially fully earmarked in recent years and make this source of funds difficult to receive.
4. There is a need for getting more information on funding communicated to the tribes (email, forums, membership on decision-making committees, etc.)
   Working with the respective district would initially help in obtaining additional information, it would also help tribal members and representatives become more knowledgeable about the process and prepare them for greater roles in the future. Being actively involved in the COGs would also be beneficial. Getting elected officials involved will help make them more visible as well.
5. Is funding in the TIP available to the tribes?
   Funding is available in the TIP and tribes are encouraged to submit project applications as equal partners of the COG or MPO.
6. What requirements are associated with funding program, e.g. Enhancement Funds or 5310? How can the tribe apply?
   There is an annual application process for each program. If you are a member, you will be notified of the program. The State (ADOT) reviews the applications and assists in determining who receives the funding. Enhancement grants can be applied to roads both on and off the State road system. ADOT can help you with the application process. Funding designated in the TIP is predominately based upon road classification, so applications need to be carefully reviewed to make sure they qualify for federal funds.
7. Do states have the authority to allocate federal aid program funds directly to Indian tribes and bypass BIA?
   Federal dollars can only be transferred from the state to another federal agency, BIA for example.
8. How are the HES and Section 400 series safety program funds coordinated?
   Section 400 funds are administered through NHTSA. FHWA has a lot less oversight on those programs than in the past. They are used more for safety belts, DUI, Red Light Running, etc., type of programs. For HES, a lot is done on a case-by-case basis depending on eligibility. A process is being developed now by ADOT to guide how funds will be split up. This is referred to as a Highway Safety Improvement Program (HSIP) and is required by Federal legislation.

Gas Tax

1. I would like to learn more about how the 18.4 cents and 24.4 cents are apportioned to the different funding categories.
The distribution of the 18.4 cents and 24.4 cents is all done by formula based methods at the Washington level. The FHWA offices work with the states to spend these funds once they are distributed to the state by formula. The formulas use many factors including population, vehicle miles traveled, miles of roads by functional classification, amount of tax paid in, etc. The best way to understand, or at least see how things are done is to visit the FHWA and/or ADOT web sites.
2. What technical assistance is available for tribal use fuel tax?
Information and technical assistance inquiries can be made by contacting John Fink, Chief Financial Officer, ADOT Financial Management Services at 602.712.7441 or jfink@azdot.gov. State statutes pertaining to the Motor Vehicle Excise Tax, Fuel Tax Exemption, and Refund are located at the following links:

http://www.azleg.state.az.us/ars/28/05606.htm
http://www.azleg.state.az.us/ars/28/05610.htm
http://www.azleg.state.az.us/ars/28/05612.htm
3. Do federal funding sources fluctuate with gas prices?
No. There are currently no plans to tie federal funding sources to the price of gas. There are current discussions in Congress for refunding the highway programs.
4. Does the Highway Trust Fund get more money as the price of gas increases? If not why? It should be a percentage.
   No, highway trust revenues are based upon a set percentage tax. The fluctuation in the price of gas is based upon distributor costs and supply and demand. Trust fund revenues are derived from the number of gallons sold, not how much it cost.
5. Can the tribe collect gas tax for their needs on transportation improvements?
   The answer is yes. The Navajo Nation charges a fuel sales tax.
6. How is the $0.18 fuel tax distributed to the tribes?
   The tax is collected at the “rack” on a per gallon basis. For those tribes that have fuel compacts, the basis of return is the gallons of fuel sold at reservation pumps, e.g., the Navajo have a compact. If the tribe has no compact, the tax collected stays with the State. The revenues do come back to tribal lands through the maintenance and construction work on State highways that pass through the tribal lands.
7. How can we put our own tax on fuel, or waive the tax we “pay” but are not having returned?
   Some tribes in other states have created their own gas tax. An Oklahoma court case outlines the requirements for this process. To our knowledge, there is no way to waive the taxes on fuel being distributed to the reservations. As noted above, the Navajo have entered into a compact with the State to retrieve the tax for gasoline sold on the reservation. Contact Kathy Morley at ADOT for additional detail. She can be reached at 602.712.4027.
8. Can the reservation use state, gas and diesel tax?
   State fuel tax revenues are used on state highways within reservation boundaries in terms of maintenance and construction expenditures. Any other programs are subject to the law and rules that apply to the use of State monies within reservation boundaries.
9. Why is a fuel compact required?
   The State of Arizona, in accordance with guidelines established by a Supreme Court decision, has set the fuel tax at the “rack”, which means the tax is passed onto the retailers as a cost of fuel. To reimburse tribes for their share of the tax, a compact must be entered into with the State. It provides a framework for how the State and tribes can work together and how a State tax can be collected.
10. Why is it necessary for tribes to have a fuel compact with the state?
    The State of Arizona, in accordance with guidelines established by the Supreme Court, has set the fuel tax at the “rack”, which means the tax is passed onto the retailers as cost of the fuel. To reimburse tribes for their share of the tax, a compact must be entered into with the State.

General Transit

1. How can funds be increased to assist tribes with their transit programs?
   Generally, tribes can check into other resources of funds for their transit programs. Some additional transit funding resources:
   FTA Grants & Financing
   Federal Transit Administration
   Transit Pass Tool Kit
   Technical Assistance for Rural & Tribal Communities
   Community Transportation Assistance Program (CTAP)
   American Public Transportation Association
2. Who oversees Federal Transit Authority Funds?
   The Federal Transit Authority in San Francisco, California administers the funds. Funds come to ADOT through the Multimodal Planning Division for the Section 5310 Elderly and Disabled Persons Program and 5311 Rural and Small Urban Areas Program.
3. How are Federal Transit Funds acquired? Can tribes compete for those funds?
   Tribes can compete for the funding. Under the 5310 Program, funds are available for vehicles to social services agencies including tribal. This program amounts to about 40 vehicles per year with funding at approximately $3 million per year. Applications are made to the MPOs and COGs.
4. How are transit facilities funded?
   Funding comes from 5309 discretionary funds. Transit facility projects need to be programmed well in advance by using the guidelines of the legislation
5. Is a bus staging area eligible for IRR funds? Is it eligible for federal funds in general?
   This is a gray area and we have to be careful how the project is defined. It could be eligible for STP funds if defined correctly. The project has to meet STP and FTA (capital) program standards. Is it eligible for IRR funds? Roadside parking area? Stopping area for bus? Need to know the size and specific use. It is a gray area and more information is needed. Refer to new IRR documentation perhaps the area on transit.
6. There is a need for smaller busses and additional bus stops.
   There are programs available to qualified tribes for the purchase of smaller buses though there is a financial match required for these programs. The local transit system would determine the number of stops. Please contact the Sam Chavez of the Public Transportation Division of ADOT at 602.712.7465 or see the following web site for additional information:http://www.azdot.gov/mpd/Community_Grant_Services/Index.asp.

Highway Expansion Loan Program (HELP)

1. When can tribes start applying for HELP loans and where do they do it? What is the length of time for payback on HELP loans?
   Highway Expansion Loan Program (HELP) applications are solicited on a semi-annual basis. Financial assistance requests are evaluated at least quarterly or as deemed appropriate. Requests are submitted to ADOT Financial Management Services. Payback periods have been variable in the past; however, ADOT prefers loan durations of five years or less. Program information can be obtained through Steve Schaefer, Program Manager, at 602.712.8036 or sschaefer@azdot.gov and on the ADOT Web site at http://www.azdot.gov/Inside_ADOT/HELP/Index.asp
2. Is there an interest rate on the (HELP) loan? Can the tribe get a loan?
   The HELP loan rate is 6% and tribes can apply for loans.
3. Can local governments get a loan for street improvements?
   HELP loans may be available and working with the respective COG and ADOT district engineer will help the process as well. For further information please refer to the ADOT web site.
4. What are the rules and guidelines for HELP funds?
   Applications are solicited on a semi-annual basis and submitted through ADOT. Indian Tribes are eligible for Highway Expansion and Extension Loan Program (HELP) funds and details can be found on ADOT’s web site at: http://www.azdot.gov/Inside_ADOT/Help/index.asp
5. Are requests for applications for HELP projects sent to tribes, ITCA and BIA?
   Applications are available by working through the COGs or ADOT Finance, or they are available from the district engineers. Loans are approved on a project-by-project basis, dependent on availability of funds. Application forms are not sent out automatically.
6. If the HELP program can be accessed by tribes, then ADOT and regional engineers should have public meetings on reservations.
   Visit the HELP web site for more information.

Highway User Revenue Fund (HURF)

1. Why can’t tribes go directly to the State for HURF funds?
   By law, this is not allowed. There would have to be a legislative change. The legislature dictates through statute the amount of funds that are collected for the Highway User Revenue Fund (HURF) that goes to each county, city, and the State Indian tribes are not included. For more information on HURF see Title 28 Arizona Revised Statutes, Chapter 18 Distribution of Highway User Revenues on the Arizona Legislative Information Services web site at http://www.azleg.state.az.us/ars/28/06502.htm and the ADOT web site at http://www.azdot.gov/inside_adot/fms/hurflink.asp
2. How is the amount of HURF dollars shared with the BIA determined?
   BIA is required to work with ADOT or one of the counties to determine what projects will be funded and how much will involve state HURF. BIA does not get a guaranteed amount of HURF dollars. Presently, there are no HURF dollars shared with BIA Navajo Region.
3. BIA/tribes need more info on how HURF funds work to see if tribes can apply for this fund.
   BIA and the tribes cannot directly access the Highway User Revenue Fund (HURF) since the legislators dictate who gets how much.
4. We as a State have a shortfall because of no inflation factor in our tax base. How can we give to other groups who do not contribute to the fund source?
   To the best of our knowledge anyone who uses a state highway, at one time or another, contributes to HURF.
5. Why is HURF funding restrictive?
   State HURF funds are distributed in accordance with ARS §25-6538. The monies are distributed by formula to the state, counties, and municipalities only.
6. Why are HURF funds not directly distributed to tribes? What happened to government to government?
   The State Legislature only appropriates HURF to counties, cities and the State. See Question 1.
7. What is the process for collaborating with BIA to obtain HURF funds? Partnering agreements?
   The BIA, tribe, State, or county will need to determine and negotiate both the project and the collaboration process when HURF funds are involved. Arizona State HURF funds are only available to State, county, or municipalities but there is opportunity for the tribes to work with the State and the BIA to possibly access some of the HURF funds under specific conditions. However, this process is cumbersome and as a result very few projects have used state HURF funding.
8. Why are tribes excluded from HURF funding?
   Refer to Title 28 Arizona Revised Statutes, Chapter 18 Distribution of Highway User Revenues on the Arizona Legislative Information Services web site at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp, which outlines how HURF is distributed to the state, counties and municipalities. The formula distributes the funds to the state, counties, and municipalities with no monies available to the tribes.
9. Why can’t HURF be shared with the Tribes and can we get HURF in the future?
   The simple answer is because of State law. There is no provision in the statute for directing money to tribes. Is there a way to share? Yes, through cooperative projects where the tribe contributes some of the funds and the State provides some, e.g. the Window Rock Airport Bridge. Also, routine maintenance is done with State funds. In the Holbrook District for example, $5 – 6 M per year is spent in maintenance of state highways on reservation land.
10. Can we get HURF in the future?
    The only way to change the HURF distribution rule is through the legislature. Another way for tribes to access HURF is to reach an agreement with a county or municipality to use HURF monies on a cooperative project.
11. Why are HURF funds not shared with the tribes?
    HURF funds are distributed by formula, outlined in Title 28 Arizona Revised Statutes, Chapter 18, to the state, counties, and municipalities.
12. If Indian Nations collect or pay fuel taxes, then why are HURF funds not given to them?
    Indian Nations do not collect fuel taxes since the tax is at the distributor, or rack. Indian Nations, as governmental agencies, do not pay fuel taxes and may get reimbursement through the Department.
13. How can tribes get HURF funding for tribal work?
    Tribes could possibly access HURF funding through intergovernmental agreements with county governments. Obtaining direct funding from the State of Arizona is not possible since the State statutes are written in such a manner that the counties and municipalities receive HURF funds directly from the State and the formula does not include tribes.
14. How are the state taxes processed to the tribes from the HURF revenue?
    Tax revenue that goes into the HURF are primarily State fuel taxes and monies realized from vehicular registration and title fees. The fuel taxes are collected at the “rack” (wholesaler), which means that retailers are charged the tax and pass that charge on to the consumer. Essentially when the consumer buys fuel they pay the tax regardless of where the fuel is sold, which means fuel sold to Indians on Indian land is subject to the State fuel tax.
15. How can HURF rules and regulations be changed to benefit tribal lands?
    This will take State legislative action.
16. HURF swap – affects on Indian reservation projects and proposals?
    At the present time tribes have been advised by NACOG and ADOT that Indian reservation projects are ineligible to receive HURF assistance.
17. HURF: What distinguishes a highway from other types of roads?
    With regard to HURF and pursuant to A.R.S. 28-6531, "Arterial street or highway means a street or highway used primarily for through traffic in such manner that vehicular traffic from intersecting streets and highways is required by law to stop or yield before entering or crossing the street or highway.” See ARS 28-6531. The COGs can give further information regarding the definition of highways and roads.
18. What is the process for collaborating with BIA to obtain HURF funds? Partnering agreements?
    The BIA, tribe, State, or county will need to determine and negotiate both the project and the collaboration process when HURF funds are involved. Arizona State HURF funds are only available to State, county, or municipalities but there are opportunities for the tribes to work with the State and the BIA to possibly access some of the HURF funds under specific conditions. However, this process is cumbersome and as a result, very few projects have used state HURF funding.
19. Is the HURF fund distribution process open to restructuring or exemption via tribal waivers?
    To the best of our knowledge, the formula outlined in the State statutes can only be revised by the State legislature. The distribution of HURF monies collected from Indians on Indian lands can be addressed through entering into a compact with ADOT outlining the reimbursement of those eligible fuel taxes.
20. Why is the State HURF only distributed to state/cities and not tribes? What does ARS Title state with regard to this issue?
    HURF is distributed in accordance with state statute, to state, cities, counties and towns. The law states that 100% of the funds must be distributed in this manner. It is a state constitutional issue per the Attorney General interpretation. A change would require working though the Legislature, which will need tribal lobbying to influence them to change the existing laws. Please see ARS Title 28, Chapter 18, Sections 28-6502 and 28-6538 regarding HURF distribution at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

Maintenance

1. Can federal funds be used for maintenance? If so, what are the restrictions?
   In general, federal funds cannot be used for day-to-day maintenance activities. However, some maintenance activities of a project nature are eligible (e.g. crack sealing or resurfacing). They must meet the criteria of the funding category.
2. ISSUE: Lack of maintenance funding. Where do maintenance funds come from and how can they be increased?
   Additional commentary: Funding is primarily directed toward road construction, not maintenance. It doesn’t do much good to build roads if there is no money to maintain them afterwards. We find ourselves robbing from construction funds to pay for maintenance. This issue should be considered in the planning process. Maintenance monies for BIA roads come through the Department of Interior and are appropriated on an annual basis. Maintenance monies for state highways come from the state HURF and are appropriated annually by the State Legislature.
3. How do Indian reservations get funding to maintain roads after being built?
   Maintenance funding for BIA system roads are prioritized and provided in the Department of Interior’s budget. Maintenance funding for non-BIA roads must come from other sources.
4. Do the tribes get money or better yet, qualify for federal funds to maintain their roads after the roads are constructed?
   Routine maintenance (e.g. pot hole repair, mowing, crack sealing, roadway grading, etc) is not eligible for federal funds. Pavement restoration or rehabilitation would be eligible for STP funds provided the roadway was functionally classified as either rural minor collector or higher or urban collector or higher (Per FHWA).
   
   Maintenance monies are through Department of Interior appropriations for Indian routes. State routes are maintained by ADOT using State monies (Per ADOT).
   
   Through the Department of Interior budget process. Roads qualify for Interior road maintenance funds by being inventoried into the BIA road maintenance inventory (Per BIA-NRO).
   
   Department of Interior funds are provided to the BIA for the maintenance of BIA system roads on the reservation. These funds are available to tribes, under a P.L. 93-638 contract/grant, for the maintenance of BIA system roads subject to the appropriate tribal oversight committee approval (Per BIA-WRO).
5. Is any funding available for equipment purchase (e.g. graders)?
   IRR Construction funds cannot be used for equipment purchase (BIA). Road maintenance funds may be used to purchase equipment but the program is so under-funded that it is generally infeasible.
6. Are the State DOTs able to receive and expend maintenance money on purchasing equipment (e.g. graders)? And related questions: What is the availability of state construction equipment surplus? How can local entities get them?
   Maintenance and construction equipment is purchased by ADOT through the maintenance budget. Equipment that is surplused is auctioned about once a year. Visit Equipment Services for more information.
7. Who is responsible for maintenance and construction of roads on tribal lands?
   The BIA is responsible. The BIA receives $40 - $50M annually for maintenance. The BIA or the 638 contract, either maintains the roads. The State is responsible for State highways that traverse tribal land, which include numbered Interstates, U.S. Routes and State Routes.
8. Please provide some detail additional information on road maintenance?
   The Department of Interior provides an appropriation of $40 - $45M annually for maintenance. This amount has been the same for the past 6 to 7 years, which has hurt the roads program. The Western Region (4,779 miles) receives approximately $4M annually for all costs including labor, materials, supplies, equipment maintenance and replacement, which is not near enough to meet the total needs, given the expanse of territory from high mountains to low deserts.

Miscellaneous

1. Is it possible that state funds can be used to construct a highway accessible to a community school on the reservation?
   Only under special circumstances would a highway to a community school be constructed with state funds and it would involve county and state along with the community school to try to find out what the special circumstances are.
2. Why does the Federal Highway Trust Fund (HTF) not reach tribal lands where it is most needed?
   Federal monies are used on tribal lands by the state on state highways when they are available and also on Tribal STP/enhancement/safety projects upon request and when funds are available. The IRR Program does receive HTF funds to address the transportation needs of the various Indian communities. The problem is that there is a $10 billion backlog of those needs and only a fraction of HTFs are provided to the IRR Program to address them.
3. Can local governments get a loan for street improvements?
   HELP loans may be available and working with the respective COG and ADOT district engineer will help the process as well. For further information please refer to the ADOT web site.
4. Why is the general funding of federal-aid for highways only for major highways and does not include rural/reservation roads?
   There are funds for rural or rural minor collector federally classified roads. Consult with your COG and ADOT district engineer.
5. How much highway funds are available to Hopi/Navajo areas for the next three years?
   The State construction program would be $6.5 million for Hopi and $15 million for Navajo. The construction funding is based on needs and statewide funding priorities. Under the IRR construction program for Navajo the funding amounts are unknown at the present time. Information on IRR construction funding available to the Hopi Tribe for the next three years is available from the BIA-WRO Branch of Roads, upon receipt of a written request from the tribe again subject to the on-going negotiated rule making.
6. Overall work program – who would assist tribes in applying for funding?
   Work with the ADOT district engineer and respective COG to identify funding sources and availability. Assistance is also available from the BIA-WRO and NRO Branch of Roads to help tribes prepare the necessary documents required to apply for BIA roads program funding. This includes (2%) Tribal Transportation Planning Funds. Assistance in applying for other state or federal funding should be available through the funding agency.
7. How do monies go to road conditions on the Reservation? How do you pick out which tribes get monies for reconstruction of their roads?
   FHWA doesn’t get involved in project selection. This is a role of MPOs, COGs, State DOTs, and tribal governments.
8. Why is there a difference between IRR and the State when they are all roads needing work?
   Each type of funding requires a set of eligibility requirements. When all taken together, the needs should bubble to the top by need and then tap into whatever funding source is available.

Partnering

1. How does sovereign nation impact the issue of qualifying for and sharing funding from/between BIA, state and federal sources?
   The sovereign nation concept does not normally apply to funds that cross BIA, state, and federal jurisdictions. The BIA Navajo Region has successfully entered into fund sharing projects with ADOT, but this was done after attempts to cost share for a project between the Navajo Nation and ADOT failed.
2. How do you piggyback BIA, state or federal funds on a project government-to-government agreements or IGAs?
   Work with the respective ADOT district engineer and BIA regional road engineer. One agency (e.g. BIA-WRO) is named the lead agency for the project, and is responsible for project development and construction. Project funding from the other agency(s) is provided to the lead agency through an Intergovernmental Agreement (IGA), which outlines each agency’s roles and responsibilities for the project. This process has been followed in the past by both ADOT and BIA.
3. How can ADOT/tribes collaborate on combining funding to coordinate adjacent road projects?
   Work with the respective ADOT district engineer and COG. Also, MOAs can be used to fund jointly sponsored projects.
4. What is the relationship between ADOT, BIA, the Tohono O’odham Nation (TON) and/or other Tribes? Can funds be intertwined between entities? Can there be projects funded by all three?
   Yes, you can combine funds. That is to say there is a possibility of shared costs on projects. Funds probably cannot be generally “intertwined” between entities. Any shared costs may have to be focused on individual projects.

Planning

1. Long range planning – funding of regional overviews for environmental or cultural concerns?
   Funding for environmental and cultural reviews is usually done for individual projects after a project is programmed in the 5-Year Highway Construction Program and during the project development process.
2. NDOT & BIA to Navajo Program. What funding is used in the planning process? Navajo/federal/state?
   Funds come from 23 U.S.C. 204(j) for tribal planning and IRR Construction funds for all project planning. The tribes may also supplement these funds with tribal general or gas tax funds.
3. Will the Long Range Plan (LRP) funding be available?
   The answer is both yes and no. Funding will be available for some of the plan. As noted during the forum, the plan is to recognize fiscal constraints i.e. the plan is required to be fiscally constrained so planned projects, will be funded. However, not everyone’s needs and desires will make it into the plan for that reason. We are not planning based on unlimited funding.
4. How are Transportation Planning Projects funded?
   ADOT has funding for transportation planning projects under its Planning Assistance for Rural Areas Program. The PARA Program is NOT a match share program. It is 100% funded by ADOT. We would also like to see transit service planning projects, as funding is available annually to sustain the program.
5. What mechanism is in place to assist tribes with safety planning?
   Tribal Transportation Planning Funds can be utilized to perform highway safety planning activities. IRR funds can also be used.

Surface Transportation Program (STP): ISTEA TEA-21 SAFETEA-LU

1. What are STP funds and what processes are used? How are they apportioned?
   The Surface Transportation Program (STP) is one of the major federal highway funding programs. The STP provides the bulk of federal money to the states and the Federal Lands Highway Program. Funds flow through the state but are divided by the COGs and MPOs (TIP process). The TIP is a five-year cycle and tribes need to be involved. STP funds can be used on roads classified higher than “rural minor collector”. FHWA records “rural locals” by county. Up to 15% of rural STP funds can be used on rural minor collectors.
2. Can the tribes use STP funds? If so, on which type of roads (e.g. state highways, local, driveways)?
   Yes, STP funds are eligible to be spent on functionally classified roads above rural minor collector. ADOT can assist you if you need to determine whether a road is functionally classified or not. In addition, up to 15% of rural STP funds may be spent on rural minor collectors.
3. Why is FHWA/STP money not subject to PL 93-638?
   PL 93-638 is contained within Title 25 of Federal Legislations. The Federal Highway Administration operates under Title 23, which is where the process for the Highway Trust Fund is contained. Title 23 determines how fees are collected, how they are apportioned and to whom.
4. How can tribes be eligible for STP or enhancement project funds?
   Tribes are eligible for enhancement project funds and should submit projects for consideration through the MPOs and COGs.
5. Can STP Funding be used on reservation lands and how are they administered?
   STP funding can be used on reservation lands, how the project is sponsored dictates how the funds will be administered (State of Arizona + Sponsoring Entity). These funds are the most flexible funding source, though they do have to meet the functional classification “test”.
6. How can tribal lands get more money for our roads? What is the STP distribution formula?
   First approach would be to try to compete for eligible funding through the MPO/COG process. Second approach would be through legislative change to increase tribal funding. The STP distribution formula is too complicated to try and describe. Each state receives an apportionment of STP funds based upon on a number of factors (e.g. population, road mileage, etc.). These funds are further apportioned geographically within Arizona by ADOT.
7. TEA-21 construction and maintenance, where is the funding for equipment replacement?
   ADOT only uses TEA-21 funds for constructing new roadways or performing major maintenance actions on the State Highway System or the construction of eligible new transportation facilities. There is no funding from TEA-21 sources for equipment replacement.
   
   Within and adjacent to the Navajo Nation boundaries TEA-21 funds are allocated to the counties that include the Navajo Nation. These funds can be used to maintain and reconstruct roads within and leading to the Navajo Nation and have been used to purchase maintenance equipment that will be used on roadways specifically identified under this funding source.
   
   Road maintenance funds are budgeted from the Department of Interior Road Maintenance Program. Road construction funds are allocated from the FHWA to BIA. Road construction funds (i.e. TEA-21 funds) cannot be expended for equipment purchase, whereas road maintenance equipment can be acquired with Interior road maintenance funds.
8. Getting tribal roads reclassified
Most roads on the reservations don’t meet the criteria for STP funding, i.e., they aren’t major arterials However, some BIA/tribal roads carry heavy traffic or are major routes for school buses and the like. Is it possible to get them functionally classified for federal/state funding? The answer is a qualified yes. You need to put together a strong case, with traffic data, safety data, and/or other needs justification information. This must then be submitted through the COG. The COG can also help in preparing the application. It may take some time and more than one try, but it has been done, even for dirt roads.
9. What is the difference between the STP and the STIP?
   The Surface Transportation Program (STP) deals with dollars and is one of the major federal highway funding programs. The STP provides the bulk of federal money to the states and the Federal Lands Highway Program. The Statewide Transportation Improvement Program (STIP) is a document that ADOT develops by compiling a three-year project list in cooperation with all federal agencies, COGs, and MPOs as required under TEA-21. All highways and transit projects in the State, funded under Title 23 and the Federal Transit Act, must be included in a federally approved STIP.

Transportation Enhancement

1. What qualifies for “enhancement” funds?
   There are 12 categories of items included in enhancement funding. Some of them are pedestrian walkways, bike paths, landscape improvements, drainage improvements, and historic sites. About half the approximately $13 million annually is determined by the state and half goes to the COGs for allocation. Any given project is limited to $500,000. Contact the COG for details and application criteria and/or check the ADOT Statewide Project Management Group web site at http://www.azdot.gov/Highways/SWProjMgmt/enhancement_scenic/enhancement/index.asp.
2. Explain the Enhancement Program. Federal programs – enhancement funding. How can tribes get more information and notices on the application process?
   The Enhancement Program is administered by the ADOT Environmental Planning Group (ADOT-EPG) and an FHWA representative is also involved. Some tribal projects have been selected for the Enhancement Program in the past. ADOT limits the cap on projects to $500,000 to COGs and MPOs per project. Enhancement projects do not have to be in the program to be selected. One-half of the enhancement funds are shared annually with other entities. Tammy Flaitz of ADOT-EPG is the coordinator and can be reached at 602.712.6258. Additional program information can be obtained at the following web site http://www.azdot.gov/Highways/swprojMgmt/enhancement/index.asp.
3. How do I find out more on Transportation Enhancement Funding?
   Talk to the District personnel to see what funding is available and how it can be used. The best way to get results is to keep it at the local level. Also see: http://www.azdot.gov/Highways/swprojMgmt/enhancement/index.asp.