Draft Procedures for Tribes contracting with FHWA

  1. Tribe notifies FHWA of intent to contract directly with them in writing
  2. FHWA notifies BIA that they have received a letter of intent from the Tribe
  3. FHWA and Tribe enter negotiations
  4. FHWA review the Tribes´ current approved TTP TIP and identifies the following:
    1. Where the projects are (trust land, fee land, etc.)
    2. What are the projects (road, bridge...)
    3. Who is the owner of the facility ( BIA, Tribe, other...)
  5. FHWA notifies the BIA Regional Office which projects will be contracted to FHWA
  6. Region needs to verify what phase the projects are in for determination of PRAE
  7. FHWA, Tribe, and BIA negotiate any contractible project or functions that the BIA will still be performing for the Tribe that will be funded from the Tribes TTAM share (inventory updates, inventory input…etc.). These funds must be provided from the agreement in advance of any funds being transferred to the Tribe.
  8. FHWA meets with BIA (Region) to negotiate the project Related Administrative Expenses (PRAE) that will be done by FHWA and those that will be done by BIA based on the following:
    • The project Engineering and Construction Engineering Administration activities/responsibilities of each agency and their respective cost will be agreed upon using the PM&O/PRE distribution tables, and PRAE activity list.
  9. FHWA negotiates the amount of PRAE funding that will be included in the agreement between FHWA and the Tribe for each project
  10. FHWA will finalize negotiation and provide courtesy copy to BIA
  11. Upon notification funds are withheld or withdrawn from affected BIA Regions