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SAFETEA-LU Reauthorization: Analysis of Draft Senate Bill and Status Update

SAFETEA-LU Reauthorization: Analysis of Draft Senate Bill and Status Update. Presented by Michael Willis 2009 Tribal Self –Governance Conference Orlando, Florida May 19, 2009. Background: SAFETEA-LU. Broad national unity of tribal position in 2002-2005 produced SAFETEA-LU (2005)

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SAFETEA-LU Reauthorization: Analysis of Draft Senate Bill and Status Update

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  1. SAFETEA-LU Reauthorization: Analysis of Draft Senate Bill and Status Update Presented by Michael Willis 2009 Tribal Self –Governance Conference Orlando, Florida May 19, 2009

  2. Background: SAFETEA-LU • Broad national unity of tribal position in 2002-2005 produced SAFETEA-LU (2005) • increased IRR road and bridge funding • introduced a new tribal transit program • required greater accountability and efficiency from BIA • established new direct agreements with FHWA "in accordance with the ISDEAA“ • created a Deputy Assistant Secretary for Tribal Government Affairs in the US DOT.

  3. Background: SAFETEA-LU Implementation Issues • The federal agencies interpreted several SAFETEA-LU advances in a manner that limited their impact • DAS filled only on interim basis • FHWA agreements are "not ISDEAA agreements“ • tribal transit imposes burdensome "general conditions" • Road Maintenance funding inadequate • Tribal advocates must make sure Congress gives the agencies clear direction

  4. Development of a United Tribal Position • NCAI/ITA Joint Task Force • Regional and Statewide Organizations • ATNI, USET, OTTC, ITCA, ATTWG, others • White Paper • February 2008 Draft • Revisions • Unified Position: Coordinated Advocacy • No position taken on IRR Funding Formula

  5. White Paper: Tribal Proposals • Increase Funding: Roads, Bridges, Transit • Create Tribal Transportation Safety Program • Road Maintenance funding • Extend ISDEAA to US DOT • Make Existing DOT Programs More Accessible to Tribal Governments

  6. Senate Draft Bill: March 2009 • Indian Transportation Project Modifications Act of 2009 • Discussion draft for circulation and comment  • Tracks White Paper recommendations, with some important exceptions • Application of ISDEAA • Emergency relief and ROW language

  7. Funding: IRR Program • $800,000,000 in FY 2010 • Step-ups of $50,000,000 each year • $1,050,000,000 in FY 2015 • Obligation limitation exception restored • $50,000 “floor” per Tribe

  8. Funding: IRR Bridge Program • $75,000,000 in FY 2010 • Step-ups of $12,500,000 in FY 2011 and FY 2012 • $100,000,000 in FY 2012-2015 • Construction of new bridges authorized • Obligation limitation exemption

  9. Tribal Safety Programs • Tribal Transportation Safety Program • New 23 U.S.C. 202(d)(6); administered by FHWA • $50,000,000 for infrastructure projects • Tribal Safety Program • New 23 U.S.C. 413; administered by NHTSA • $50,000,000 for behavior modification

  10. Road Maintenance • Tribes may use up to 25% of IRR funds, OR up to $500,000, whichever is greater • BIA Road Maintenance at $150 million, or • $100 million annually from Highway Trust Fund to supplement BIA Program

  11. IRR Inventory • Within 2 years, Secretaries must ensure IRR inventory attains “95% degree of accuracy” • $10,000,000 appropriated to DOT for this purpose

  12. Indian Preference • For projects on or near reservation, States must employ Indian/Native preference • Training and employment • Subcontracts and subgrants • Supersedes State law

  13. Advance Construction • Tribes with ISDEAA agreement with Interior or DOT may carry out advanced construction projects • Explicit authorization for “flexible financing”

  14. Tribes carrying out ISDEAA agreement may elect to assume NEPA, NHPA responsibilities Environmental Laws

  15. Application of ISDEAA • White Paper: Extend ISDEAA to DOT to enhance accessibility of existing programs • Provide uniform terms and conditions • Reduce transaction costs • Senate Draft: Title VII: Tribal Transportation Self-Governance Program • Secretary “shall offer to enter into” an agreement • Inconsistent with mandatory language of other Titles of ISDEAA • Excessive discretion to Secretary

  16. Right of Way • White Paper: BIA must provide Tribes documentation of ROW for “all IRR routes” • Senate Draft: BIA must provide ROW documentation only for routes “owned by the [BIA] or a tribal government”

  17. Emergency Relief • Limits availability of funding to facilities “owned or maintained by the tribal government or [BIA]”

  18. Funding Formula Implementation • NCAI & ITA have not taken a position • Individual tribes, tribal coalitions have raised formula implementation concerns • SCIA suggests it “cannot ignore” concerns • Process to resolve controversy

  19. Status of Reauthorization Process • SAFETEA-LU expires September 30, 2009 • Recovery Act implementation and FY 2010 appropriations bills may take priority • Some officials predicting reauthorization will be delayed until FY 2011, with funding levels from FY 2009 carried forward into FY 2010 • Reauthorization extensions & CRs will likely affect funding distribution

  20. Status of Reauthorization Process • House Transportation & Infrastructure (T&I) (Oberstar, MN) • Senate Environment & Public Works (EPW) (Boxer, CA) • Senate Committee draft • May 15 Comments • Listening session June 14 • Hearing/Introduction

  21. Questions/Comments? • Michael Willis or Geoff Strommer • Hobbs, Straus, Dean & Walker, LLP • mwillis@hobbsstraus.com • gstrommer@hobbsstraus.com

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