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MAP-21 Formula Briefing

MAP-21 Formula Briefing. Preliminary. Moving Ahead for Progress into the 21 st Century (MAP-21). MAP-21 was passed by Congress and signed by the President on July 6, 2012. Public Law 112-141 Two year authorization: FY 2013 and FY2014 Effective Date to Program – October 1, 2012

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MAP-21 Formula Briefing

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  1. MAP-21 Formula Briefing Preliminary DRAFT

  2. Moving Ahead for Progress into the 21st Century (MAP-21) • MAP-21 was passed by Congress and signed by the President on July 6, 2012. • Public Law 112-141 • Two year authorization: FY 2013 and FY2014 • Effective Date to Program – October 1, 2012 • Current Programs continue for the rest of FY 12 DRAFT

  3. Tribal Transportation Program Overview • Section 1119: Federal Lands and Tribal Transportation Programs • Section 1123: Tribal High Priority Projects Program • Main Components • IRR becomes “Tribal Transportation Program” • Consolidation of programs • New Set Aside dedicated to Tribal safety • New formula for fund distribution • Four Year Transition • New approach to High Priority Projects Program DRAFT

  4. TTP - Funding Formula • Authorized level - $450,000,000 • Set-Asides • Planning – 2% (max. $9 million) • Implement planning procedures that are consistent with the planning processes required under Sections 134 and 135. • Bridge Priority Program – 2% ( max. $9 million) • Safety – 2% (max. $9 million) • PM&O – 6% ($27 million) DRAFT

  5. TTP - Funding Formula • After applying five* set-asides • 2% each for Planning, Bridge, and Safety • 6% for PM&O • Tribal Supplemental Allocation DRAFT

  6. TTP - Funding Formula • 27% in the ratio that the total eligible mileage in each tribe bears to the total eligible mileage of all American Indians and Alaska Natives. • Eligible mileage shall be computed based on the following facilities in the FY12 inventory: • Roads included in the Bureau of Indian Affairs system inventory prior to October 1, 2004 • Roads owned by Indian tribal governments • Roads owned by the BIA. DRAFT

  7. TTP - Funding Formula • 39% in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaska Natives. • Population is computed using the most recent data available under the Native American Housing Assistance and Self-Determination Act of 1996 DRAFT

  8. TTP - Funding Formula • 34% • Initially divided equally among each of the 12 BIA Regions • Distributed to each Tribe within a region based on the Tribe’s percentage of the regional total of RNDF and PAF that it received from 2005 to 2011. DRAFT

  9. TTP – Tribal Supplemental Funding • Amount made available for the TTP: • Less than or equal to $275 million • 30% of such amount • More than $275 million • $82.5 million plus 12.5% of amount in excess of $275 million • For FY13 and FY14, this equals $104,375,000 • Distribution (regional) • Initial – To each of the 12 BIA Regions based on proportion of regional total to national total using the new statutory formula • Then - Distributed to tribes within a region that receive less in current FY (new formula) as compared to FY11 in order to attempt to keep the Tribes at their FY11 level. • Distribution to those tribes will be in proportion to their share of the combined amount within the region DRAFT

  10. TTP – Tribal Supplemental Funding • Ceiling • For tribes that are eligible under the supplemental program, the total funds received from the Formula and Supplemental funding cannot exceed the amount that the tribe received in FY11. • Remaining Funds • If tribal supplemental funding remains available in a region after all of the region’s tribes are made ”whole to their FY11 funding levels”, then the excess funds will be distributed amongst all of the tribes within that region in proportion to the combined regional tribal shares received. DRAFT

  11. Transition • 4 year transition with increments of 20%/year • FY 13 • 80% in the ratio that the amount allocated to each tribe for FY11 bears to the total amount allocated to all tribes for that fiscal year • The remainder is tribal shares based on new formula • FY14 • 60% old and the remainder is tribal shares based on new formula • FY15 • 40% old and the remainder is tribal shares based on new formula • FY16 and thereafter • 20% old and the remainder is tribal shares based on new formula DRAFT

  12. MAP-21 Funding Formula • § 202. Tribal transportation program • (b) Funds Distribution • (3) Basis for Funding Formula • (A) Basis or Subparagraph “A” • (B) Tribal Shares or Subparagraph “B” • (C) Tribal Supplemental Funding or Subparagraph “C” DRAFT

  13. MAP-21, Sec. 1101(a)(3)(A) • Authorized Amt: $450,000,000 DRAFT

  14. 23 USC 202(a)(6) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% DRAFT

  15. 23 USC 202 (c)(1) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% DRAFT

  16. 23 USC 202 (d)(2) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% • Less Bridge Program • $9,000,000 or 2% DRAFT

  17. 23 USC 202 (e)(1) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% • Less Bridge Program • $9,000,000 or 2% • Less Tribal Safety Program • $9,000,000 or 2% DRAFT

  18. 23 USC (b)(3)C)(i) • Authorized Amt: $450,000,000 • Less BIA/FHWA Admin.: • $27,000,000 or 6% • Less Tribal Trans Planning • $9,000,000 or 2% • Less Bridge Program • $9,000,000 or 2% • Less Tribal Safety Program • $9,000,000 or 2% • Less Tribal Supplemental Fund • $104,375,000 or 30% of $275 M plus 12.5% of amount over $275 M DRAFT

  19. The amount available for the Tribal Transportation Program. DRAFT

  20. Example: FY2013, MAP-21 NOTE: Obligation Limitation and other reductions from annual appropriations apply, TTP is not exempt. Reduction not shown here. Ob. Limit varies by FY. DRAFT

  21. Example: MAP-21 Fund Formula Breakout DRAFT

  22. Subparagraph a DRAFT

  23. Example: For FY2013, per 23 USC (b)(3)(A)(i)(I)(aa) $ 69.3 • FY2011 Allocation: $346 M • The FY2011 Relative Need Distribution Factor share plus the Population Adjustment Factor share make up the “FY2011 Allocation”. • 80 % of $346 M: • $277.4 M • 23 USC (b)(3)(A)(i)(I)(bb) amount is identified as the “remainder” after the available funds less set asides have been taken off then less the 80% amt identified above. Millions $ 277.4 80% Not Used in MAP-21 80% of FY2011 Tot $ DRAFT

  24. 23 USC (b)(3)(A)(i)(I)(aa) & (bb) • (i) After making the set asides authorized under subparagraph (C) and subsections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows: • (I) For fiscal year 2013— • (aa) for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and • (bb) the remainder using tribal shares as described in subparagraphs (B) and (C). Authorized Amt: $291.6 M $14.2 (bb) Million, $ $277.4 (aa) DRAFT

  25. Example: MAP-21 Formula Components • Subparagraph B • Subparagraph C • Subparagraph A application: Formula based on historic allocation from FY2011 RNDF/PAF DRAFT

  26. Subparagraph B DRAFT

  27. Example: MAP-21 Formula Components • Formula basis from Subparagraph “B” • 27% of eligible roads from facility inventory: BIA system miles prior to Oct. 1, 2004 and BIA and Tribal roads up through FY2012 final inventory • 39% of population a tribe bears to the total population nationally • 34% (after dividing evenly among the 12 Regions) of the ratio of allocation percentages from FY2005 through FY2011 bears to the national allocation percentage from FY2005 through FY2011. DRAFT

  28. Subparagraph C DRAFT

  29. Example: MAP-21 Formula Components • Formula basis from Subparagraph “C” • Distributed to tribes within a region that receive less in current FY (new formula) as compared to FY11 in order to attempt to keep the Tribes at their FY11 level. • Distribution to those tribes will be in proportion to their share of the combined amount within the region • For tribes that are eligible under the supplemental program, the total funds received from the Formula and Supplemental funding cannot exceed the amount that the tribe received in FY11. • If tribal supplemental funding remains available in a region after all of the region’s tribes are made ”whole to their FY11 funding levels”, then the excess funds will be distributed amongst all of the tribes within that region in proportion to the combined regional tribal shares received DRAFT

  30. BACK to Subparagraph a DRAFT

  31. Example: MAP-21 Formula Components • Formula basis for application of Subparagraph “A” • Formula based on historic allocation from FY2011 RNDF/PAF • FY2011 % shares x $277.4 M 80% Millions $ 277.4 DRAFT

  32. Example: MAP-21 Fund Formula Breakout DRAFT

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