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INDIAN RESERVATION ROADS PROGRAM
Transportation Planning Procedures and Guidelines
October 1999
This document was developed through the efforts of representatives from the following Government Agencies, Indian Tribal Governments, and Associations:
Federal Highway Administration, Federal Lands Highway
Federal Highway Administration, Office of Environment and Planning
Federal Transit Administration, Office of Planning
Bureau of Indian Affairs, Division of Transportation
Bureau of Indian Affairs Area Offices of Aberdeen, Albuquerque, Navajo, and Phoenix
Cherokee Nation of Oklahoma
Confederated Tribes of the Colville Reservation
Jicarilla Apache Tribe
Navajo Nation
Fallon Paiute Shoshone Tribe
Salt River Pima-Maricopa Indian Community
White Mountain Apache Tribe
Shoshone-Paiute Tribes of the Duck Valley
Alabama/Quassarte Tribe in Oklahoma
Osage Nation of Oklahoma
Red Lake Band of Chippewa Indians
Eastern Band of Cherokee
Menominee Indian Tribe of Wisconsin
Gila River Pima-Maricopa Indians Community
Spirit Lake Tribe
Catawba Indian Nation
Muscogee (Creek) Nation
Fort McDowell Mohave-Apache Indian Community
Pueblo of Isleta
Lovelock Pauiute Tribe
Mesa Grande Band of Diegueno Mission Indians
Eight Northern Indian Pueblos Council
Cheyenne River Sioux Tribe of the Cheyenne River Reservation
Chickasaw Nation
Arapahoe and Shoshone Tribe of the Wind River
Yankton Sioux Tribe of South Dakota
Rosebud Sioux Tribe of the Rosebud Indian Reservation
Intertribal Transportation Association
Michigan Indian Local Technical Assistance Program Center
Oklahoma Department of Transportation
Chapter 1 TRANSPORTATION PLANNING OVERVIEW
Chapter 2 TRANSPORTATION PLANNING FUNDING
Chapter 3 COORDINATION IN THE TRANSPORTATION PLANNING PROCESS
Chapter 4 TRANSPORTATION PLANNING ACTIVITY GUIDELINES
Chapter 5 LONG-RANGE TRANSPORTATION PLANNING
Chapter 6 TRANSPORTATION IMPROVEMENT PROGRAMS
Appendix A: ABBREVIATIONS AND ACRONYMS
Appendix C: FEDERAL CONTACTS FOR TRIBAL TRANSPORTATION PLANNING
The development of this document is a result of the Intermodal Surface Transportation Efficiency Act of 1991. Title 23, United States Code (23 U.S.C.) Section 204(a) stated " . . . the Secretary of Transportation, in cooperation with the Secretary of Interior and the Secretary of Agriculture, shall develop appropriate transportation planning procedures and safety, bridge, and pavement management systems (PMS) for roads funded under the Federal Lands Highway Program . . . . " The Transportation Equity Act for the 21st Century amended Section 204(a) as follows: "TRANSPORTATION PLANNING PROCEDURES.- In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures that are consistent with the metropolitan and statewide planning processes required under section 134 and 135."
The Federal Lands Highway Program (FLHP) funds transportation activities for Public Lands Highways, Park Roads and Parkways, Indian Reservation Roads (IRR), and the National Wildlife Refuge System. This document concentrates on the transportation planning function of the Indian Reservation Roads (IRR) Program.
The development process for this document began by establishing the IRR Transportation Planning Policy and Procedures Team in February 1996. This team consisted of members from the Federal Highway Administration (FHWA) acting on behalf of the Secretary of Transportation, members from the Bureau of Indian Affairs (BIA) acting on behalf of the Secretary of Interior, the President of the Intertribal Transportation Association, and a member from the Michigan Local Technical Assistance Program.
From February 1996 to February 1997, the team developed and produced a first draft of the Indian Reservation Roads Program Transportation Planning Policy and Procedures document. In March 1997, the draft was distributed to the FHWA, BIA, and Indian Tribal Governments for review and comment. After reviewing the comments received, the team revised the document and produced a second draft in August 1997. The second draft was again distributed to the FHWA, BIA, and Indian Tribal Governments for review and comment. In September 1997, Indian Tribal Governments were given a chance to participate in a question and answer session, voice concerns, and make recommendations to the proposed document. As a result, the team was formally expanded in December 1997 to include representatives from Indian Tribal Governments to participate in the development process.
This document represents a combined effort to define the transportation planning function under the IRR Program. The document explicitly states what is suggested and thought to be guidance for Indian Tribal Governments and what is a procedural requirement of the law consistent with 23 U.S.C. Section 204(j) "Indian Reservation Roads Planning," and Public Law 93-638 "The Indian Self-Determination and Education assistance Act," as amended. It also addresses previously unclear policies related to funding issues and eligible activities. The roles and responsibilities of whether the transportation planning function is performed by the BIA or Indian Tribal Governments under Self-Governance compacts or Self-Determination contracts are defined.
It is intended that this document provide flexible guidance for Indian Tribal Governments to address transportation issues specific to the Tribe rather than predetermined criteria that may not be applicable to tribal needs while yet providing a basis for developing goals and strategies that will ultimately lead to good decisionmaking. The ultimate goal of transportation planning is to provide a safe transportation system for the movement of people and goods.
This document is subject to review and revision every 2 years. In the event that Congress enacts any new transportation language, this document will be subject to immediate revision. In addition, regulations promulgated that directly impact the content of this document will be incorporated in this document through dated supplements.
Note: Some roles and responsibilities of the Office of Self-Governance (OSG) have not yet been determined. The OSG remains active in the development and implementation of this document which will be amended as regulations, policies, and procedures are developed for inclusion of Highway Trust Funds into Self-Governance compacts.
What is the purpose of this document?
This document defines procedures and provides guidelines to be used by the Federal Highway Administration (FHWA), Bureau of Indian Affairs (BIA), and Indian Tribal Governments for Indian Reservation Roads (IRR) transportation planning. It details procedures to meet the intent of the Federal Lands Highways Program, Section 204 of 23 United States Code (23 U.S.C.); the Indian Self-Determination and Education Assistance Act, as amended, Public Law (P.L.) 93-638 (25 U.S.C. 450); the BIA/FHWA Memorandum of Agreement (MOA); the Roads of the BIA, Code of Federal Regulations (CFR) Part 170; and the IRR Program Stewardship Plan. Section 204(a) of 23 U.S.C., states: "In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures that are consistent with the metropolitan and statewide planning processes required under sections 134 and 135."
What is contained in this document?
Chapter 1, Transportation Planning Overview, contains a general discussion of transportation planning. It explains why planning is needed and who is involved.
Chapter 2, Transportation Planning Funding, provides some suggestions for funding transportation planning activities and proposed projects.
Chapter 3, Coordination in the Transportation Planning Process, discusses what needs to occur to ensure tribal participation, how tribes are a part of the process, and how tribal sovereignty can be maintained.
Chapter 4, Transportation Planning Activity Guidelines, explains which activities should be considered for transportation planning and are available for tribes to contract or compact under P.L. 93-638.
Chapter 5, Long-Range Transportation Planning, defines the purpose and goals of long-range transportation planning, discusses what elements must be included in the long-range transportation plan, describes how the public involvement process occurs, and describes the review and approval procedures of the long-range transportation plan.
Chapter 6, Transportation Improvement Programs (TIPs), defines the purpose of a TIP, how it relates to the long-range transportation plan,and how to produce a TIP.
Chapter 7, Roles and Responsibilities in the IRR Transportation Planning Process, defines who does what, when, why, and how during the transportation planning process.
In each chapter, any requirements of law are identified by bold italics. These requirements have been identified as procedures. Items not identified in bold italics are considered guidelines for implementing transportation planning procedures.
In this document, the stand alone term Secretary (in bold italics) refers to the Secretary of Transportation.
What is the IRR Transportation Planning Policy?
The IRR transportation planning policies are:
"Indian tribal areas.--With respect to each area of the State under the jurisdiction of an Indian tribal government, the long-range transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior." (23 U.S.C., Section 135(e)(2)(C))
The IRR transportation procedures and guidelines may differ somewhat on specifics from the regulations for metropolitan and statewide transportation planning in 23 CFR 450; however, in general they are consistent with the planning framework annotated in 23 U.S.C. 134 and 135 and can be easily coordinated.
Last updated August 26, 1999
