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The
18th Annual Alaska Tribal Transportation Symposium is set for; March 24 (Tuesday) - 26 (Thursday), 2020 at the; Embassy Suites Hotel Anchorage, AK (registration details will be posted soon) Congress has begun its work on a Transportation Bill. Below is the ITA "ask" for Tribal Transportation Infrastructure and Tribal Transit ___________________________________ INTERTRIBAL TRANSPORTATION ASSOCIATION (ITA) 116TH CONGRESS 1ST SESSION S. ___________________ To enhance tribal transportation infrastructure and tribal transit. _______________________________ IN THE SENATE OF THE UNITED STATES June 26, 2019 Mr. ____________introduced the following bill; which was read twice and referred to the Committee on _____________________ A BILL To enhance tribal transportation infrastructure and tribal transit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SHORT TITLE. —This Act may be cited as the “Tribal Transportation Infrastructure and Tribal Transit Investment Act of 2020”. TABLE OF CONTENTS. —The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I – TRIBAL TRANSPORTATION INFRASTRUCTURE AND TRIBAL TRANSIT PROGRAMS SUBTITLE A TITLE I – TRIBAL TRANSPORTATION INFRASTRUCTURE INVESTMENTS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. IN GENERAL—The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): TRIBAL TRANSPORTATION PROGRAM. — For the tribal transportation program under section 202 of title 23, United States Code--
SEC. 102. NATIONAL TRIBAL INFRASTRUCTURE INVESTMENTS.
SEC. 103. TRIBAL TRANSIT PROGRAM AMENDMENTS. Section 5311(c)(1) of title 49, United States Code, is amended-- in subsection (A) by striking the period at the end of the sentence, inserting a semi-colon, and adding the following: “; provided that before distributing funds on a competitive basis under this subsection, the Secretary shall ensure that an American Indian/Alaska Native Tribe that received a public transportation grant under section 3013(c) of Pub. L. 109-59 during fiscal years 2006 through 2012, receives not less than the highest amount awarded to the Indian tribe for equipment purchases, maintenance, operating or any other transit-related costs received under section 3013(c) of Pub. L. 109-59 if, by operation of the formula allocation in section (j) herein, the American Indian/Alaska Native Tribe’s formula grant award falls below an award previously made to the Indian tribe under section 3013(c) of Pub. L. 109-59.”. SEC. 104. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM AMENDMENTS. (a)(1) Section 1123 of the Fixing America’s Surface Transportation Act, Pub. L. 114-94, 129 Stat. 1370, 23 U.S.C. § 201 note, is amended as follows-- in subparagraph (c)(3) of the section by striking the period at the end and inserting the following: “; except that for a Tribal transportation project, listed on the National Tribal Transportation Facility Inventory, a project shall be eligible under this section if it has an estimated cost, based on the results of preliminary engineering, equal to or exceeding $3,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $5,000,000; and notwithstanding subparagraph (c)(2) or (d)(2) herein, a Tribal transportation project may include costs for advance planning development elements, including but not limited to, planning, design, engineering and environmental requirements under the National Environmental Policy Act of 1969. Such sums shall remain available for a period of three fiscal years following the fiscal year for which the amounts are appropriated.”; and SEC. 105. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
“(1) There is established a high priority projects program to permit any American Indian/Alaska Native Tribe to finance a high priority project. “(a) DEFINITIONS. —In this section: “(1) LIST.—The term ‘list’ means the funding priority list developed under subsection (c)(5). “(2) PROGRAM.—The term ‘program’ means the Tribal High Priority Projects program established under subsection (b)(1). “(3) PROJECT.—The term ‘project’ means a project provided funds under the program. “(b) PROGRAM.-- “(1) IN GENERAL.—The Secretary of Transportation shall use amounts made available under this section to carry out a Tribal High Priority Projects program under which funds shall be provided to eligible applicants in accordance with this section. “(2) ELIGIBLE APPLICANTS.—Applicants eligible for program funds under this section include-- “(A) an Indian tribe whose annual allocation of funding under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the American Indian/Alaska Native Tribe; “(B) a governmental subdivision of an Indian tribe-- “(i) that is authorized to administer the funding of the American Indian/Alaska Native Tribe under section 202 of title 23, United States Code; and “(ii) for which the annual allocation under that section is insufficient to complete the highest priority project of the Indian tribe; or “(C) any Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code. “(c) PROJECT APPLICATIONS; FUNDING.-- “(1) IN GENERAL.—To apply for funds under this section, an eligible applicant shall submit to the Department of Transportation or the Department of Interior an application that includes-- “(A) project scope of work, including deliverables, budget, and timeline; “(B) the amount of funds requested; “(C) project information addressing-- “(i) the ranking criteria identified in paragraph (3); or “(ii) the nature of the emergency or disaster; “(D) documentation that the project meets the definition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code; “(E) documentation of official tribal action requesting the project; “(F) documentation from the Indian tribe providing authority for the Secretary or the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved. “(2) LIMITATION ON APPLICATIONS.—An applicant for funds under the program may only have 1 application for assistance under this section pending at any 1 time, including any emergency or disaster application. “(3) APPLICATION RANKING.-- “(A) IN GENERAL.—The Secretary and the Secretary of the Interior shall determine the eligibility of, and fund, program applications, subject to the availability of funds. “(B) RANKING CRITERIA.—The project ranking criteria for applications under this section shall include-- “(i) by a tribe whose annual allocation is insufficient to complete its highest priority project; “(ii) by a government subdivision of a tribe that is authorized to administer the tribe’s TTP Program funding and whose annual allocation is insufficient to complete its highest priority project; “(iii) eligible applicants may have only one TPPHPP application pending at any time; “(iv) TPPHPP funds cannot be used for transportation planning, research or routine maintenance activities. “(4) FUNDING PRIORITY LIST.-- “(A) IN GENERAL.—The Secretary and the Secretary of the Interior shall jointly produce a funding priority list that ranks the projects approved for funding under the program. “(B) LIMITATION.—The number of projects on the list shall be limited by the amount of funding made available. “(5) TIMELINE.—The Secretary and the Secretary of the Interior shall-- “(A) require applications for funding no sooner than 60 days after funding is made available pursuant to subsection (a); “(B) notify all applicants and Regions in writing of acceptance of applications; “(C) rank all accepted applications, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies; “(D) notify all accepted applicants of the projects included on the funding priority list no later than 180 days after the application deadline has passed pursuant to subparagraph (A); and “(E) distribute funds to successful applicants. SEC. 106. NATIONAL TRIBAL ASSET MANAGEMENT PROGRAM.(a) IN GENERAL. —Section 201(c)(5) of Title 23, United States Code, is amended to add a new subparagraph (A) to read as follows: “(A) NATIONAL TRIBAL ASSET MANAGEMENT PROGRAM. “(1) ESTABLISHMENT. —The Secretary in cooperation with the Secretary of the Interior shall establish and implement a national tribal asset management program under this section. “(2) PURPOSES.—The purpose of the national tribal asset management program shall be- “(a) to provide support for the condition and performance of tribal transportation facilities and systems; “(b) to ensure that investment of federal and tribal funds in transportation facility construction are directed to support progress toward the achievement of performance targets consistent with 23 U.S.C. § 119 National highway performance program and established in an asset management plan of a Tribe for the tribal transportation system. “(3) ELIGIBLE FACILITIES.—Except as provided in subsection (4), to be eligible for funding apportioned under this section, a facility shall be located on the national tribal transportation facility inventory as defined in § 202(b)(1) and must have been previously constructed with or eligible for construction using federal or tribal transportation funds. “(4) ELIGIBLE PROJECTS. —Funds apportioned to a Tribe to carry out the tribal transportation asset management program may be obligated only for a project on an eligible facility that is-- “(1)(A) a project or part of a program of projects supporting progress toward the achievement of national tribal transportation performance goals for improving infrastructure condition, safety, mobility, or freight movement on a tribal transportation facility listed on the national tribal transportation facility inventory; and “(B) consistent with the tribe’s long-range transportation plan; and “(2) for 1 or more of the following purposes: “(A) Resurfacing (including sealing, application of dust palliatives, replacement of original surface materials and subsurface materials such as culverts), restoration, preservation or operational improvements of segments of the tribe’s transportation system. “(B) Preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Bridge Inventory and part of a tribe’s national tribal transportation facility inventory. “(C) Training of personnel to assure correct implementation of preservation measures. “(5) APPLICABLE LAWS AND REGULATIONS.–Notwithstanding any other law or regulation, a tribal government shall not be subject to the laws, regulations or other requirements applicable to state transportation departments under the Federal-Aid Highway System, except to the extent such laws and regulations are expressly made applicable to contracts, compacts or government-to-government agreements entered into pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Tribal Transportation Self-Governance Program, or contracts and agreements pursuant to sections 202(a)(2)(B) and 202(b)(6) and (7), as amended. Unless expressly agreed to by the participating Indian tribe, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department of Transportation, except 25 C.F.R. Part 170, or regulations promulgated under section 207(n) of title 23, United States Code |
The FAST Act passed in December, 2015. This 5-year surface transportation authorization also includes Tribal Transit. The FAST Act is in affect through 2020.
Below is a template resolution for Tribes to consider supporting current legislation the U.S. Senate Environmental & Public Works (EPW)
Committee submitted, titled: S.2302, which has put increased funding for certain Tribal Transportion Programs that is within their committee's responsabilities. (Tribal Transit is under the Senate Finance, Housing...Committee and is in the process of devloping their part of the Transportation Bill, the Senate Finance Committee needs to consider how to pay for the entire bill and the House "side" needs to develop their considerations for the Bill. Tribes are encouraged to consider supporting S.2302, as all other Bills in Congress are likely to now center around S.2302. (click below) attwg_reso_template_support_fund-increases-to-congresstransportationbill_sept-2019.docx - ATTWG - Advocating for Alaska Tribes! |