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TRIBAL TRANSPORTATION PROGRAM AGREEMENTS

TRIBAL TRANSPORTATION PROGRAM AGREEMENTS. Andrew S. Caulum Office of the Solicitor – Division of Indian Affairs Prepared for the BIA Providers Conference December 4, 2013 – Anchorage, Alaska. Tribal Transportation Program Contracting Options with BIA. Direct Service - BIA Regional Office

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TRIBAL TRANSPORTATION PROGRAM AGREEMENTS

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  1. TRIBAL TRANSPORTATION PROGRAM AGREEMENTS Andrew S. Caulum Office of the Solicitor – Division of Indian Affairs Prepared for the BIA Providers Conference December 4, 2013 – Anchorage, Alaska

  2. Tribal Transportation Program Contracting Options with BIA • Direct Service - BIA Regional Office • Self-Determination (Title I) • Self-Governance (Title IV) – TTP Addendum • Program Agreement (formerly known as G2G)

  3. Differences Among Contracting Options • Direct Service – BIA Region delivers the program in consultation with Tribal leadership. • Self-Determination – BIA Region enters into a “93-638” self-determination contract with Tribe. • Self-Governance – TTP Addendum to Self-Governance Compact

  4. Program Agreements(Formerly G2G Agreements) • Differs from Self-Determination Agreements in that the Tribe carries out all but the inherently Federal functions of the TTP as opposed to project-specific contracting. • Allows for greater flexibility in carrying out the program, subject to the requirements of MAP-21 and the Tribal Transportation Program regulations at 25 CFR Part 170. • Program Agreement is modeled on agreements FHWA uses to contract with Tribes for the TTP. • Eligibility considerations and Process– BIA-DOT Program Agreement Handbook • If Tribe is interested in developing a Program Agreement with BIA, first step is to contact Regional Road Engineer.

  5. BIA and Solicitor Review BIA Review • BIA Regional Road Engineer works with Tribe to develop TTP Agreement and Referenced Funding Agreement (RFA) based upon approved model documents for each. • Tribe enacts resolution approving TTP Agreement and transmits Agreement, RFA and resolution to RRE. • RRE prepares electronic submission package and transmits to BIA-DOT Central Office in ABQ. • BIA-DOT Central Office reviews package for accuracy and confirms TTP funding amounts and availability • Transmits package to Solicitor for review.

  6. Solicitor Review • Approval resolution • TTP Agreement and RFA for compliance with previously approval models. • Identifies any issues that may prevent approval. • If no issues, Solicitor drafts and transmits approval e-mail to BIA-DOT.

  7. Final Steps • BIA-DOT prepares package for signature by BIA-Director (Program Agreement) or Deputy Director (RFAs only). • Fully executed TTP Agreement and related documents are scanned into pdfs and made available to Regional Road Engineer and Tribe for their records. • Tribe notified that funds are available for draw down.

  8. QUESTIONS & CONTACT INFORMATION Andy Caulum Office of the Solicitor – Division of Indian Affairs U.S. Department of the Interior 1849 C Street NW MS 6513 MIB Washington, D.C. 20240 E-mail Andrew.Caulum@sol.doi.gov Phone (202) 208-7024

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