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Appendix B to Subpart C—Population Adjustment Factor
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1. The Population Adjustment Factor allows for participation in the IRR Program by all tribes. This component of the funding formula creates a special calculation of funding which is available in accordance with the TTAM each fiscal year for a tribe based on the population range within which the tribe is included. The following table shows how BIA develops the PAF.
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Funding amount per
Population range Distribution factor* Number of tribes** tribe
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Less than 25............................ 1 N1................. MBA*** x 1
25-100.................................. 3.5 N2................. MBA x 3.5
101-1000................................ 5.0 N3................. MBA x 5.0
1001-10,000............................. 6.5 N4................. MBA x 6.5
10,001+................................. 8 N5................. MBA x 8
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* Multiplier used to determine the PAF funding for the population ranges. For example, if $1000 is available for
the first population range (less than 25), then the second population range (25-100) will receive $3,500 or
3.5 times the amount available to the first population range.
** The number of tribes changes yearly.
*** The Minimum Base Allocation (MBA) is the dollar value to be multiplied by the distribution factor for each
population range to determine the distribution of the PAF.
2. The following example shows how the PAF applies to a total IRR Program authorization for the allocation year of $375 million. The five steps to calculate the Population Adjustment Factor are applied as follows:
Step 1. For each population range, multiply the Distribution Factor by the total number of tribes identified in the population range to determine the Step Factor;
Step 2. Add the Step Factors determined in Step 1 above to derive a Total Step Factor;
Step 3. Calculate the $A = IRR Program authorization available in the allocation year by taking the Total IRR Program authorization for the allocation year ($375M for this example) minus the appropriate statutory and regulatory set-asides, as well as other takedowns ($25M for this example)
$375M-$25M = $350M;
Step 4. Derive a Minimum Base Allocation by taking 12 1/2 per cent of the difference (from Step 3) and dividing it by the Total Step Factor. The mathematical equation for the Base Allocation is as follows:
MBA = Minimum Base Allocation
Distribution Factors = 1, 3.5, 5, 6.5, and 8
$A = IRR Program Authorization Available in the Allocation Year
$275M = Base Reference Amount
n = The nth Population Range
1 . . . 5 = Population Ranges 1 through 5
Nn = Number of tribes in the nth Population Range
For the example above, the formula yields:
Step 5. Calculate Population Adjustment Factor within each Population Range by multiplying the Distribution Factor for the Population Range by the Minimum Base Allocation.
The mathematical equation for the Population Adjustment Factor calculation is as follows:
PAFn = DFn X MBA
Where:
PAF = Population Adjustment Factor
DF = Distribution Factor
n = The nth Population Range
MBA = Minimum Base Allocation
For example, for DF1 = 1.00; PAF1 = 1 × $3,215.57 = $3,215.57
For example, for DF3 = 5.00; PAF3 = 5 × $3,215.57 = $16,077.86
The following table illustrates the results of the above calculations for all population ranges:
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Tribal PAF per
Population range (step) # of Distribution Step factor population Total funding
tribes factor range per step
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Less than 25....................... 17 1 17 $3,215.57 $54,664.72
25-100............................. 66 3.5 231 11,254.50 742,797.12
101-1000........................... 309 5 1545 16,077.36 4,968,058.65
1001-10,000........................ 137 6.5 890.50 20,901.22 2,863,466.82
10,001 +........................... 29 8 232 25,724.58 746,012.69
----------------------------------------------------------------------------
Totals......................... ........... Total Step ............ 9,375,000
Factor =
2,915.50
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Appendix C to Subpart C—Relative Need Distribution Factor
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The Relative Need Distribution Factor (RNDF) is a mathematical formula for distributing the IRR Program construction funds using the following three factors: Cost to Construct (CTC), Vehicle Miles Traveled (VMT), and Population (POP).
1. What Is the Formula for the RNDF?
The Relative Need Distribution Factor is as follows:
Where:
A = percent Relative Need for an individual tribe
CTC = Total Cost to Construct calculated for an individual tribe
Total C = Total Cost to Construct calculated for all tribes shown in the IRR Inventory
VMT = Total vehicle miles traveled for all routes in the IRR Inventory for a given tribe
Total VMT = Total vehicle miles traveled for all routes for all tribes in the IRR Inventory
POP = Population of an individual tribe
Total POP = Total population for all tribes
a, ß, d, = 0.50, 0.30, 0.20 respectively = Coefficients reflecting relative weight given to each formula factor
Example: Tribe X has the following data:
CTC = $51,583,000........... Total CTC = $10,654,171,742
VMT = 45,680................ Total VMT = 10,605,298
POP = 4,637................. Total POP = 1,010,236
A = 0.50 [CTC ÷ Total CTC] + 0.30[VMT ÷ Total VMT] + 0.20[ POP
÷ Total POP].
A = 0.50 [51,583,000 ÷
10,654,171,742] + 0.30
[45,680 ÷ 10,605,298]
+ 0.20 [4,637 ÷
1,010,236].
A = 0.00242 + 0.00129 +
0.00092.
A = 0.00463 or 0.463 percent
If IRR Program construction
funds available for the
fiscal year are
$226,065,139.
Then the allocation amount
would be: $226,065,139 x
0.00463 = $1,046,682.
2. How Does BIA Estimate Construction Costs?
The methodology for calculating the Cost to Construct is explained in Appendix D of this subpart.
3. What Is the Cost to Construct for an Individual Tribe?
The Cost to Construct for an individual tribe is the sum of all eligible and approved project costs from the tribe's IRR Inventory.
4. What Is the Cost to Construct Component in the RNDF?
The Cost to Construct component is the total estimated cost of a tribe's transportation projects as a percentage of the total estimated cost nationally of all tribes' transportation facilities. Costs are derived from the IRR inventory of eligible IRR transportation facilities developed and approved by BIA and tribal governments through Long-Range Transportation Planning.
5. May the Cost to Construct Component of the RNDF Be Modified?
Yes, BIA and FHWA, with input and recommendations provided by the IRR Program Coordinating Committee, may consider revisions to the data elements used in calculating the Cost to Construct component.
6. What Is the Source of the Construction Cost Used To Generate the CTC?
(a) The construction cost will be derived from the average of the following three project bid tabulation sources:
(1) Tribal bid tabulations or local BIA bid tabulations;
(2) State bid tabulations for the region of the State in which the tribe's project will be constructed;
(3) National IRR Program bid tabulations.
(b) If one or more of these bid tabulation sources is unavailable, use the average of the available sources.
(c) BIADOT will collect the national IRR Program bid tabulation data and enter it into the Cost to Construct database.
7. What Is the VMT Component and How Is It Calculated?
VMT is a measure of the current IRR transportation system use. BIA calculates VMT using the sum of the length of IRR route segments in miles multiplied by the Average Daily Traffic (ADT) of the route segment.
8. What IRR Route Sections Does BIA Use To Calculate VMT?
All IRR route sections in the IRR Inventory are used to calculate VMT, but percentage factors are applied in accordance with Appendix C to subpart C, question (10).
9. What Is the Population Component and How Is It Determined?
The population component is a factor used to define a portion of transportation need based on the number of American Indian or Alaska Native people served. The population data used will be the American Indian and Alaska Native Service Population developed by the Department of Housing and Urban Development, under the Native American Housing Assistance and Self-Determination Act (NAHASDA), (25 U.S.C. 4101 et seq.).
10. Do All IRR Transportation Facilities in the IRR Inventory Count at 100 Percent of Their CTC and VMT?
No. The CTC and VMT must be computed at the non-Federal share requirement for matching funds for any transportation facility that is added to the IRR inventory and is eligible for funding for construction or reconstruction with Federal funds, other than Federal Lands Highway Program funds.
However, if a facility falls into one or more of the following categories, then the CTC and VMT factors must be computed at 100 percent:
(1) The transportation facility was approved, included, and funded at 100 percent of CTC and VMT in the IRR Inventory for funding purposes prior to the issuance of these regulations.
(2) The facility is not eligible for funding for construction or reconstruction with Federal funds, other than Federal Lands Highway Program funds; or
(3) The facility is eligible for funding for construction or reconstruction with Federal funds, however, the public authority responsible for maintenance of the facility provides certification of maintenance responsibility and its inability to provide funding for the project.
Appendix D to Subpart C—Cost To Construct
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Cost To Construct
(Appendix D includes Tables 1–8 which BIA Division of Transportation developed based on internal IRR data and the negotiated rulemaking process.) This method utilizes the concepts of the Bureau of Indian Affairs' “Simplified Approach to Compute the Cost to Construct”. The concept has been modified to include computing costs for High Capacity Roads (multi-lane roads), non-road projects (snowmobile trails, boardwalks, footpaths, etc.) and other eligible transportation facility projects.
The theory behind this concept is based on the procedure that information gathered during any inventory update can be used to compare the existing conditions to defined Adequate Standard Characteristics. This comparison can then be used to determine the total cost required to bring the transportation facility road up to a necessary Adequate Standard. The IRR Inventory database is used to determine the costs of a new transportation facility or in the case of an existing facility, the costs that will be necessary to improve the facility from it's existing condition to an adequate standard. Therefore, the Cost to Construct for a particular facility is the cost required to improve the facility's existing condition to a condition that would meet the Adequate Standard Characteristics (see Table 1). For roadways, the recommended design of the geometrics and surface type vary based on the road's functional classification and average daily traffic and will use four categories of cost. The four categories are Grade and Drain Costs, Aggregate Costs, Pavement Costs, and Incidental Costs. For bridges, costs are derived from costs in the National Bridge Inventory as well as the National Bridge Construction unit cost data developed by FHWA. For other transportation IRR transportation facilities, an inventory of needs must be developed with associated costs for new and existing IRR transportation facilities based on long range transportation planning. The BIA Regions and tribes must ensure the IRR Inventory is sufficiently updated to provide all the necessary information indicating the need, the condition and the construction cost data to compute the cost to construct of any proposed or existing facility.
Basic Procedures
The IRR Inventory, based on transportation planning must be developed for those tribes without data and updated for those tribes that have an existing IRR Inventory. Once the IRR Inventory database is current and all IRR transportation facilities needs are identified and verified, the Cost to Construct for those IRR transportation facilities can be developed.
The procedure for determining the cost to construct of a proposed transportation facility is computed through the following step-by-step process:
(a) Determine the Future ADT of the transportation facility as applicable, based upon tribal transportation planning or set default future ADT (see Table 2);
(b) Determine the Class of transportation facility e.g., rural local, rural major collector, or other transportation facility, utilizing future ADT and based upon tribal transportation planning (see Table 1);
(c) Identify, if appropriate, transportation facility terrain as flat, rolling, or mountainous;
(d) Set Adequate Standard based on Class, and/or future ADT, and Terrain (see Table 1);
(e) Identify the transportation facility's construction cost per unit (e.g., cost per mile, cost per linear foot) for the applicable components of construction: Aggregate, Paving, Grade/Drain, Incidental, or other costs associated with the transportation facility;
(f) Multiply the construction cost per unit for each component of construction by the length of the proposed road or other appropriate unit of the transportation facility to determine the cost for each component of construction; and
(g) Calculate the cost for the proposed road or transportation facility by adding together the costs for each component of construction.
The procedure for determining the cost to reconstruct or rehabilitate an existing transportation facility is determined in the same manner as a proposed transportation facility, except that the existing condition of the project is evaluated to determine the remaining percentage of cost of each applicable component of construction that will be included in the cost for reconstruction. The steps are:
(1) Evaluate existing condition of road or transportation facility in accordance with applicable management systems, guidelines or other requirements;
(2) Identify the percentage of required cost for each component of applicable construction costs for the transportation facility by determining the Adequate Standards Characteristics (see Table 1) and existing condition of the transportation facility and by applying the applicable percent cost requirement tables for aggregate, paving, grade/drain, incidental, and bridge (see Tables 4–8);
(3) Multiply the construction cost per unit for each component of construction by the corresponding percent of cost required (see Tables 4–8) and by the length of the road or other appropriate unit of the transportation facility to determine the reconstruction cost for each component; and
(4) Calculate the reconstruction cost for the road or transportation facility by adding together the reconstruction costs for each component of construction.
Average daily traffic (ADT) is acquired through actual traffic counts on the roadway sections. Where current ADT is practical to acquire, it should be acquired and future ADT calculated by projecting the current ADT at 2 percent per year for 20 years. If the road is proposed, the ADT impractical to acquire, or a current ADT does not exist, then BIA will assign a default current ADT and calculate future ADT by projecting the default current ADT at 2 percent per year for 20 years to form the basis of the Adequate Standard (see Table 1). Table 2 summarizes the default current and default future ADT by class of road.
Functional Classification: Functional classification means an analysis of a specific transportation facility taking into account current and future traffic generators, and their relationship to connecting or adjacent BIA, state, county, Federal, and/or local roads and other intermodal facilities. Functional classification is used to delineate the difference between the various road and/or intermodal transportation facility standards eligible for funding under the IRR Program. As a part of the IRR Inventory system management, all IRR transportation facilities included on or added to the IRR Inventory must be classified according to the following functional classifications:
(a) Class 1: Major arterial roads providing an integrated network with characteristics for serving traffic between large population centers, generally without stub connections and having average daily traffic volumes of 10,000 vehicles per day or more with more than two lanes of traffic.
(b) Class 2: Rural minor arterial roads providing an integrated network having the characteristics for serving traffic between large population centers, generally without stub connections. May also link smaller towns and communities to major resort areas that attract travel over long distances and generally provide for relatively high overall travel speeds with minimum interference to through traffic movement. Generally provide for at least inter-county or inter-State service and are spaced at intervals consistent with population density. This class of road will have less than 10,000 vehicles per day.
(c) Class 3: Streets that are located within communities serving residential areas.
(d) Class 4: Rural Major Collector Road is a collector to rural local roads.
(e) Class 5: Rural Local Road that is either a section line and/or stub type roads that collect traffic for arterial type roads, make connections within the grid of the IRR System. This class of road may serve areas around villages, into farming areas, to schools, tourist attractions, or various small enterprises. Also included are roads and motorized trails for administration of forest, grazing, mining, oil, recreation, or other use purposes.
(f) Class 6: City Minor Arterial Streets that are located within communities, and serve as access to major arterials.
(g) Class 7: City Collector Streets that are located within communities and serve as collectors to the city local streets.
(h) Class 8: This classification encompasses all non-road projects such as paths, trails, walkways, or other designated types of routes for public use by foot traffic, bicycles, trail bikes, snowmobile, all terrain vehicles or other uses to provide for the general access of non-vehicular traffic.
(i) Class 9: This classification encompasses other transportation facilities such as public parking facilities adjacent to IRR routes and scenic byways, rest areas, and other scenic pullouts, ferry boat terminals, and transit terminals.
(j) Class 10: This classification encompasses airstrips that are within the boundaries of the IRR System grid and are open to the public. These airstrips are included for inventory and maintenance purposes only.
(k) Class 11: This classification indicates an overlapping of a previously inventoried section or sections of a route and is used to indicate that it is not to be used for accumulating needs data. This class is used for reporting and identification purposes only.
Construction Need: All existing and proposed transportation facilities in the IRR Inventory must have a Construction Need (CN) which is used in the Cost to Construct calculations. These transportation facilities are assigned a CN by the tribe during the long-range transportation planning and inventory update process using certain guidelines which are: Ownership or responsibility of the facility, whether it is within or provides access to reservations, groups, villages and communities in which the majority of the residents are Indian, and whether it is vital to the economic development of Indian tribes. As part of the IRR Inventory management, all facilities included on or added to the IRR Inventory must be designated a CN which are defined as follows:
(a) Construction Need 0: Transportation facilities which have been improved to their acceptable standard or projects/facilities proposed to receive construction funds on an approved IRRTIP are not eligible for future inclusion in the calculation of the CTC portion of the formula for a period of 5 years thereafter.
(b) Construction Need 1: Existing BIA roads needing improvement.
(c) Construction Need 2: Construction need other than BIA roads needing improvement.
(d) Construction Need 3: Substandard or other roads for which no improvements are planned, maintenance only.
(e) Construction Need 4: Roads which do not currently exist and need to be constructed, proposed roads.
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Table 2—Default Current ADT and Default Future ADT
Table 2 summarizes the default current and default future ADT by class of road. Default future ADT is calculated by projecting default current ADT at 2 percent per year for 20 years. 2 percent per year for 20 years yields a factor of 1.485.
Table 2_Default Current ADT and Default Future ADT
------------------------------------------------------------------------
Default current and default
IRR Class No. future ADT*
------------------------------------------------------------------------
1..................................... N/A, Must Exist
2..................................... 100 * 1.485 = 149
3..................................... 25 * 1.485 = 37
4..................................... 50 * 1.485 = 74
5..................................... 50 * 1.485 = 74
6..................................... 50 * 1.485 = 74
7..................................... 50 * 1.485 = 74
8..................................... 20 * 1.485 = 30
9..................................... N/A**
10.................................... N/A**
11.................................... N/A**
------------------------------------------------------------------------
* Default Future ADT is used for proposed roads or when impractical to
acquire current ADT or when current ADT does not exist.
** Class 9, 10, and 11 are point features in the inventory and do not
have an ADT. All multiplication is rounded.
Table 3—Future Surface Type
Table 3 summarizes all possible scenarios of the future surface type either required or based on the various future ADT thresholds for each type or class of road in the inventory.
Table 3_Future Surface Type
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Const. need IRR class No. Future ADT Future surface type
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0,1,2,3............................... 1...................... Any.................... Paved
0,1,2,3............................... 2...................... Any.................... Paved
0,1,2,3............................... 3,6,7.................. < 50................ Earth
50-250................. Gravel
> 250............... Paved
0,1,2,3............................... 4,5.................... < 50................ Earth
50-250................. Gravel
> 250............... Paved
0,1,2,3,4............................. 8...................... N/A.................... N/A*
0,1,2,3,4............................. 9...................... N/A.................... N/A**
0,1,2,3,4............................. 10..................... N/A.................... N/A***
4***.................................. 1...................... N/A****................ N/A****
4..................................... 2...................... ANY.................... Paved
4..................................... 3,6,7.................. < 50................ Earth
50-250................. Gravel
> 250............... Paved
4..................................... 4...................... < 50................ Earth
50-250................. Gravel
> 250............... Paved
4..................................... 5...................... < 50................ Earth
50-250................. Gravel
> 250............... Paved
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* Class 8 does not have a future surface type. Per mile costs are applied independent of future surface type.
** Class 9 does not have a future surface type. Costs are independent of future surface type.
*** Class 10 does not have a future surface type. These are airstrips and is used for identification purposed
only.
**** Class 1 with Construction Need of 4 does not apply. Class 1 roads must exist.
Table 4—Percent of Grade and Drain Cost Required
Grade and Drain costs include the cost for constructing a roadbed to an adequate standard and providing adequate drainage. Specifically it includes the necessary earthwork to build the roadbed to the required horizontal and vertical geometric parameters above the surrounding terrain and provide for proper drainage away from the foundation with adequate cross drains.
Table 4 summarizes the percentage of grade and drain costs required based on the existing roadbed condition observed in an inventory update.
Table 4_Percent of Grade and Drain Cost Required
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Percent grade
and drain cost
Code Roadbed condition required
(Percent)
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0........................................ Proposed Road....................................... 100
1........................................ Primitive Trail..................................... 100
2........................................ Bladed Unimproved Earth Road, Poor Drainage, Poor 100
Alignment.
3........................................ Minimum Built-up Roadbed (Shallow cuts and fills) 100
with inadequate drainage and alignment that
generally follows existing ground.
4........................................ A designed and constructed roadbed with some 100
drainage and alignment improvements required.
5........................................ A roadbed constructed to the adequate standards with 0
good horizontal and vertical alignment and proper
drainage.
6........................................ A roadbed constructed to adequate standards with 0
curb and gutter on one side.
7........................................ A roadbed constructed to adequate standards with 0
curb and gutter on both sides.
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Table 5—Percent of Aggregate Surface Cost Required
Table 5 summarizes the percentage of aggregate surface costs required based on all possible scenarios of existing surface type conditions and calculated future surface type.
Table 5_Percent of Aggregate Surface Cost Required
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Future surface type
-----------------------------------------------
Existing surface type Paved Gravel Earth
(percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Proposed........................................................ 100 100 0.
Primitive....................................................... 100 100 0.
Earth........................................................... 100 100 0.
Gravel.......................................................... 100 *100 0.
Bituminous < 2[sec].......................................... 100 0 0.
Bituminous > 2[sec].......................................... 0 or 100 0 0.
Concrete........................................................ 0 or 100 0 0.
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*If the Surface Condition Index (SCI) is 40 or less indicating that reconstruction will be required, then 100
percent of the aggregate cost will be required. If greater than 40, then none of the aggregate cost will be
applied.
Table 6—Percent of Pavement Surface Cost Required
Table 6 Summarizes the percentage of pavement surface costs for existing conditions required based on all possible scenarios of existing surface type conditions and calculated future surface type. Pavement overlays are calculated at 100 percent of the pavement costs.
Table 6_Percent of Pavement Surface Cost Required
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Future surface type
-----------------------------------------------
Existing surface type Paved Gravel Earth
(percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Proposed........................................................ 100 100 0.
Primitive....................................................... 100 100 0.
Earth........................................................... 100 100 0.
Gravel.......................................................... 100 100 0.
Bituminous < 2[sec].......................................... 100 0 0.
Bituminous > 2[sec].......................................... *0 or 100 0 0.
Concrete........................................................ *0 or 100 0 0.
----------------------------------------------------------------------------------------------------------------
*If the Surface Condition Index (SCI) is 60 or less indicating that reconstruction will be required, then 100
percent of the aggregate cost will be required. If greater than 60, then none of the aggregate cost will be
applied.
Table 7—Percent of Incidental Construction Cost Required
Incidental cost items are generally required if a project includes construction or reconstruction of the roadbed. Some incidental items are included in all road improvement projects, while others are only required for specific projects. Table 7 summarizes the incidental construction determination estimating procedure for each of the Roadbed Category Codes. As shown in Table 4, roadbed condition codes 0 through 2 will require 65 percent of the incidental costs for construction because they generally will not require maintenance of traffic during construction. If maintenance of traffic is required as will generally be the case for roadbed condition codes 3 and 4, the minimum percentage of incidental costs for these roadbed condition codes will be 75 percent. It is assumed that improvement roadbed condition codes 5, 6 and 7 will primarily be paving projects with little or no earthwork involved and the minimum percentage of the total incidental construction cost for these projects will be 30 percent.
Table 7_Percent of Incidental Construction Cost Required
------------------------------------------------------------------------
Maintenance of
Code Roadbed condition New alignment traffic required
(percent) (percent)
------------------------------------------------------------------------
0.......... Proposed road.......... 65 N/A
1.......... Primitive trail........ 65 N/A
2.......... Bladed unimproved earth 65 N/A
road, poor drainage,
poor alignment.
3.......... Minimum built-up N/A 75
roadbed (shallow cuts
and fills) with
inadequate drainage
and alignment that
generally follows
existing ground.
4.......... A designed and N/A 75
constructed roadbed
with some drainage and
alignment improvements
required.
5.......... A roadbed constructed N/A 30
to the adequate
standards with good
horizontal and
vertical alignment and
proper drainage.
Requiring surfacing.
6.......... A roadbed constructed N/A 30
to adequate standards
with curb and gutter
on one side. Requiring
surfacing.
7.......... A roadbed constructed N/A 30
to adequate standards
with curb and gutter
on both sides.
Requiring surfacing.
------------------------------------------------------------------------
Table 7 only accounts for those incidental construction costs normally found on a typical project. The construction items found in Table 8 may or may not be on any particular project and the cost of these items is 25 percent. Add the percentage required (from 0 to 25 percent) based on the Regional recommendation with verification. If there are no additional items required, use the default of zero.
Table 8_Percent of Additional Incidental Construction Cost
------------------------------------------------------------------------
Percent of
total
Additional incidental construction item incidental
construction
cost
------------------------------------------------------------------------
Fencing................................................. 1
Landscaping............................................. 9
Structural concrete..................................... 9
Traffic signals......................................... 3
Utilities............................................... 3
------------------------------------------------------------------------
Subpart D—Planning, Design, and Construction of Indian Reservation Roads Program Facilities
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Transportation Planning
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§ 170.400 What is the purpose of transportation planning?
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The purpose of transportation planning is to fulfill goals by developing strategies to meet transportation needs. These strategies address current and future land use, economic development, traffic demand, public safety, health, and social needs.
§ 170.401 What is BIA's role in transportation planning?
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Except as provided in §170.402, the functions and activities that BIA must perform for the IRR Program are:
(a) Preparing the regional IRRTIP;
(b) Updating the IRR Inventory from data updates;
(c) Preparing IRR Inventory data updates as needed;
(d) Coordinating with States and their political subdivisions, and appropriate planning authorities on regionally significant IRR projects;
(e) Providing technical assistance to tribal governments;
(f) Developing IRR Program budgets including transportation planning cost estimates;
(g) Facilitating public involvement;
(h) Participating in transportation planning and other transportation-related meetings;
(i) Performing traffic studies;
(j) Performing preliminary project planning;
(k) Conducting special transportation studies;
(l) Developing short and long-range transportation plans;
(m) Mapping;
(n) Developing and maintaining management systems;
(o) Performing transportation planning for operational and maintenance facilities; and
(p) Researching rights-of-way documents for project planning.
§ 170.402 What is the tribal role in transportation planning?
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(a) All tribes must prepare a tribal TIP (TTIP) or tribal priority list.
(b) Tribes with a self-determination contract or self-governance agreement may assume any of the following planning functions:
(1) Coordinating with States and their political subdivisions, and appropriate planning authorities on regionally significant IRR projects;
(2) Preparing IRR Inventory data updates;
(3) Facilitating public involvement;
(4) Performing traffic studies;
(5) Developing short- and long-range transportation plans;
(6) Mapping;
(7) Developing and maintaining tribal management systems;
(8) Participating in transportation planning and other transportation related meetings;
(9) Performing transportation planning for operational and maintenance facilities;
(10) Developing IRR Program budgets including transportation planning cost estimates;
(11) Conducting special transportation studies, as appropriate;
(12) Researching rights-of-way documents for project planning; and
(13) Performing preliminary project planning.
§ 170.403 What IRR Program funds can be used for transportation planning?
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Funds as defined in 23 U.S.C. 204(j) are specifically reserved for a tribal government's transportation planning. Tribes may also identify transportation planning as a priority in their tribal priority list or TTIP and request the use of up to 100 percent of their IRR Program construction funds for transportation planning.
§ 170.404 What happens when a tribe uses its IRR Program construction funds for transportation planning?
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In order for IRR Program construction funds to be concentrated on the projects within the inventory, a tribe may use up to $35,000 or 5 percent of its IRR Program construction funds, whichever is greater, for transportation planning. If a tribe exceeds this threshold, BIA will subtract the amount over the threshold from the tribe's CTC for the following year.
§ 170.405 Can tribal transportation planning funds be used for road construction and other projects?
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Yes, any tribe can request to have its planning funds as defined in 23 U.S.C. 204(j) transferred into construction funds for use on any eligible and approved IRR project. (Also see §170.407.)
§ 170.406 How must tribes use planning funds?
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(a) IRR Program funds as defined in 23 U.S.C. 204(j) are only available upon request of a tribal government and approved by the BIA Regional Office. These funds support development and implementation of tribal transportation planning and associated strategies for identifying transportation needs, including:
(1) Attending transportation planning meetings;
(2) Pursuing other sources of funds; and
(3) Developing the tribal priority list or any of the transportation functions/activities as defined in the FHWA IRR Program Transportation Planning Procedures and Guidelines (TPPG) or listed in §170.402.
(b) A tribe may ask the BIA regional office to enter into a self-determination contract or self-governance agreement for transportation planning activities and functions under ISDEAA or it may request a travel authorization to attend transportation planning functions and related activities using these funds. (See appendix A of subpart B for use of IRR Program Funds.)
§ 170.407 What happens to unobligated planning funds?
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Once all tribal governments' requests for tribal transportation planning funds have been satisfied for a given fiscal year or no later than August 15, the BIA regional office may use the remaining funds for construction after consultation with the affected tribal governments.
Long-Range Transportation Planning
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§ 170.410 What is the purpose of tribal long-range transportation planning?
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(a) The purpose of long-range transportation planning is to clearly demonstrate a tribe's transportation needs and to fulfill tribal goals by developing strategies to meet these needs. These strategies should address future land use, economic development, traffic demand, public safety, and health and social needs.
(b) The time horizon for long-range transportation planning should be 20 years to match state transportation planning horizons. A tribe may develop a long-range transportation plan under ISDEAA or may ask BIA to develop the plan on the tribe's behalf.
§ 170.411 What may a long-range transportation plan include?
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A comprehensive long-range transportation plan may include:
(a) An evaluation of a full range of transportation modes and connections between modes such as highway, rail, air, and water, to meet transportation needs;
(b) Trip generation studies, including determination of traffic generators due to land use;
(c) Social and economic development planning to identify transportation improvements or needs to accommodate existing and proposed land use in a safe and economical fashion;
(d) Measures that address health and safety concerns relating to transportation improvements;
(e) A review of the existing and proposed transportation system to identify the relationships between transportation and the environment;
(f) Cultural preservation planning to identify important issues and develop a transportation plan that is sensitive to tribal cultural preservation;
(g) Scenic byway and tourism plans;
(h) Measures that address energy conservation considerations;
(i) A prioritized list of short and long-term transportation needs; and
(j) An analysis of funding alternatives to implement plan recommendations.
§ 170.412 How is the tribal IRR long-range transportation plan developed and approved?
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(a) The tribal IRR long-range transportation plan is developed by:
(1) A tribe working through a self-determination contract or self-governance agreement or other funding sources; or
(2) BIA upon request of, and in consultation with, a tribe. The tribe and BIA need to agree on the methodology and elements included in development of the IRR long-range transportation plan along with time frames before work begins.
(b) During the development of the IRR long-range transportation plan, the tribe and BIA should jointly conduct a midpoint review.
(c) The public reviews a draft IRR long-range transportation plan as required by §170.413. The plan is further refined to address any issues identified during the public review process. The tribe then approves the IRR long-range transportation plan.
§ 170.413 What is the public role in developing the long-range transportation plan?
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BIA or the tribe must solicit public involvement. If there are no tribal policies regarding public involvement, a tribe must use the procedures shown below. Public involvement begins at the same time long-range transportation planning begins and covers the range of users, from stakeholders and private citizens to major public and private entities. Public involvement may be handled in either of the following two ways:
(a) For public meetings, BIA or a tribe must:
(1) Advertise each public meeting in local public newspapers at least 15 days before the meeting date. In the absence of local public newspapers, BIA or the tribe may post notices under local acceptable practices;
(2) Provide at the meeting copies of the draft long-range transportation plan;
(3) Provide information on funding and the planning process; and
(4) Provide the public the opportunity to comment, either orally or in writing.
(b) For public notices, BIA or a tribe must:
(1) Publish a notice in the local and tribal newspapers when the draft long-range transportation plan is complete. In the absence of local public newspapers, BIA or the tribe may post notices under local acceptable practices; and
(2) State in the notice that the long-range transportation plan is available for review, where a copy can be obtained, whom to contact for questions, where comments may be submitted, and the deadline for submitting comments (normally 30 days).
§ 170.414 How is the tribal long-range transportation plan used and updated?
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The tribal government uses its IRR long-range transportation plan in its development of a tribal priority list or TTIP. To be consistent with State and MPO planning practices, the tribe or BIA (for direct service tribes) should:
(a) Review the IRR long-range transportation plan annually; and
(b) Update the plan every 5 years.
§ 170.415 What is pre-project planning?
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(a) Pre-project planning is part of overall transportation planning and includes the activities conducted before final project approval on the IRR Transportation Improvement Program (IRRTIP). These activities include;
(1) Preliminary project cost estimates;
(2) Certification of public involvement;
(3) Consultation and coordination with States and/or MPO's for a regionally significant projects;
(4) Preliminary needs assessments; and
(5) Preliminary environmental and archeological reviews.
(b) The BIA regional office must work cooperatively with tribal, state, regional, and metropolitan transportation planning organizations concerning the leveraging of funds from non-IRR Program sources and identification of other funding sources to expedite the planning, design, and construction of projects on the IRRTIP.
Transportation Improvement Program
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§ 170.420 What is the tribal priority list?
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The tribal priority list is a list of all transportation projects that the tribe wants funded. The list:
(a) May or may not identify projects in order of priority;
(b) Is not financially constrained; and
(c) Is provided to BIA by official tribal action, unless the tribal government submits a Tribal Transportation Improvement Program (TTIP).
§ 170.421 What is the Tribal Transportation Improvement Program (TTIP)?
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The TTIP:
(a) Must be consistent with the tribal long-range transportation plan;
(b) Must contain all IRR Program funded projects programmed for construction in the next 3 to 5 years;
(c) Must identify the implementation year of each project scheduled to begin within the next 3 to 5 years; (continued)