1. TIBC RM Subcommittee Recommended Road Maintenance Changes Tribal Interior Budget Council Sub-Committee on Road Maintenance

2. Road and Bridge Maintenance Program is the preservation of the structure/roadway in as- built condition. It is not a reconstruction or improvement.

3. Road Maintenance Workgroup - Mission The tribal transportation systems are a lifeline for a community, district, village, town and city; making it possible for children, families, groups and public to get to schools, hospitals, health care clinics, and economic hubs for the essential needs in order to prosper or sustain life. Unfortunately, in Indian country, Native American roads are unsafe and unreliable, the statistics are alarming as motor vehicle crashes are the leading cause of death due to the ineffective funding provided to P.L. 93-638 Self-Determination Contracts. Proper road maintenance contributes to reliable transportation at a reduced cost, there is a direct correlation between the cost to construct and proper road maintenance, once constructed the facet of fatality should decrease, but without the proper maintenance the numbers will soon escalate, which in turn causes the newly constructed road to fail prematurely thus forcing the section to be re-constructed.

4. Road Maintenance Workgroup - Purpose Tribal Governments have assumed the responsibilities for the upkeep and maintenance of the BIA Highway Systems, they are tackling the issues in more innovative ways trying to stretch their funding beyond the limits to cope with limited resources available to them. We recognize the funding climate change and are recommending increases to make up for the maintenance backlog which is the deferred maintenance reports and levels of service, the losses suffered by Indian tribes nation-wide over the past 10 years because of inadequate Tribal Transportation Program funding makes it very difficult for many tribes to carry out projects due to the backlog of unmet needs as it continues to grow under the leadership of the Department of Interiors failed exacerbated attempts to request sufficient funding to meet the responsibility to maintain BIA and tribal routes.

5. Elevate Road Maintenance to “Budget Activity” status giving it greater significance TIBC RM Subcommittee Recommended Changes to Road Maintenance Include Deferred Maintenance Report chart in the Green Book Establish Emergency Maintenance Funds Pool Require Reporting Cost of Maintenance Activities I II IV III

6. I - Elevate Road Maintenance to Budget Activity Status Programs or sub-activities within the Indian Affairs budget structure are grouped together by their similarities, mission and relationship to each other These groups are referred to as a Budget Activity There are eight (8) budget activities under Operation of Indian Programs: ◦ Tribal Government ◦ Human Services ◦ Public Safety and Justice ◦ Trust – Natural Resources Management ◦ Trust – Real Estate Services ◦ Community and Economic Development ◦ Executive Direction and Administrative Services ◦ Bureau of Indian Education Road Maintenance is currently a sub-activity under the Tribal Government activity There is no budget activity to represent roads and transportation The Bureau of Land Management, a DOI agency, has a budget activity dedicated to “Transportation and Facilities Maintenance” RECOMMENDATION: Create a separate budget activity for road maintenance within Operation of Indian Programs to give it greater significance.

7. Indian Affairs Budget Structure – Operation of Indian Programs Tribal Government Aid to Tribal Government (TPA) Consolidated Tribal Government Program (TPA) Self Governance Compacts (TPA) New Tribes (TPA) Small and Needy Tribes (TPA) Road Maintenance (TPA) <-- (does it fit here?) Human Services Social Services (TPA) Welfare Assistance (TPA) Indian Child Welfare Act (TPA) Housing Program (TPA) Human Services Tribal Design (TPA) Trust – Natural Resources Mgmt Natural Resources (TPA) Irrigation Operations and Maintenance Rights Protection Implementation Tribal Management/Development Program Endangered Species Tribal Climate Resilience Integrated Resource Info Program Agriculture Program (TPA) Invasive Species Forestry Program (TPA) Forestry Projects Water Resources Program (TPA) Water Mgmt. Planning & Pre-Development Wildlife & Parks Program (TPA) Fish, Wildlife & Parks Projects Trust – Real Estate Services Trust Services (TPA) Navajo-Hope Settlement Program Probate (TPA) Land Titles and Records Offices Land Records Improvement – Central Land Records Improvement - Regional Environmental Quality Program (TPA) Environmental Quality Projects Alaskan Native Programs (TPA) Rights Protection (TPA) Water Rights Negotiations/Litigation Other Indian Rights Protection

8. Indian Affairs Budget Structure – Operation of Indian Programs Public Safety and Justice Criminal Investigations and Police Services Detention/Corrections Inspections/Internal Affairs Law Enforcement Special Initiatives Indian Police Academy Tribal Justice Support Law Enforcement Program Management Facilities Operations and Maintenance Tribal Courts (TPA) Fire Protection (TPA) Community and Economic Development Job Placement and Training (TPA) Economic Development (TPA) Minerals & Mining Program (TPA) Minerals & Mining Projects Minerals & Mining Central Oversight Minerals & Mining Regional Oversight Executive Direction and Administrative Services Assistance Secretary Support Executive Direction (TPA) Executive Direction (Central and Regional) Administrative Services (TPA) Administrative Services (Central and Regional) Central Safety & Risk Management Regional Safety Management Information Resources Technology Human Resources Labor-Related Payments Regional Facilities Management Operations and Maintenance Intra-Governmental Payments Rentals (GSA/Direct) Bureau of Indian Education ISEP Formula funds ISEP Program Adjustments Education Program Enhancements Tribal Education Departments Student Transportation Early Child and Family Development Tribal Grant Support Costs Facilities Operations/Maintenance Juvenile Detention Center Education Johnson-O’Malley Assistance Grants (TPA) Tribal Colleges and Universities Tribal Technical Colleges Haskell and SIPI Tribal Colleges and Universities Supplements (TPA) Scholarships and Adult Education (TPA) Special Higher Education Scholarships Science Post Graduate Scholarship Fund Education Program Management Education IT

9. II - Emergency Maintenance Funds Pool TPA Road Maintenance funds include all road maintenance activities including snow removal. A normal winter season can consume about 1/3 of the road maintenance funds. In a bad year about 60% to 90% can be consumed. This leaves the remainder of the funds to be used for road maintenance activities to cover the remainder of the FY. In some regions where average snow fall is 40-inches or more, this can consume the entire amount of the maintenance funds. Tribes use their 25% of the TTP to supplement the road maintenance program for the remainder of the year. In addition rain events sometimes cause washouts on roads that don’t sometimes meet the cost threshold to qualify for FEMA or ERFO relief. However these washouts often cause thousands of dollars to repair. These costs consume the limited road maintenance funds that are available. RECOMMENDATION: Create a set aside pool for these types of emergencies in order to preserve TTP for its intended purpose.

10. Critical RM provisions in Title 23 U.S.C. 23 USC 202 (a)(8)(B) (B) Responsibility of bureau of indian affairs and secretary of the interior.- ◦ (i) Bureau of indian affairs.-The Bureau of Indian Affairs shall retain primary responsibility, including annual funding request responsibility, for Bureau of Indian Affairs road maintenance programs on Indian reservations. ◦ (ii) Secretary of the interior.-The Secretary of the Interior shall ensure that funding made available under this subsection for maintenance of tribal transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations. 23 USC 116 (b) ◦ (b) It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts.

12. III-Report Costs for Each Maintenance Activity A greater level of data from the local tribal/agency level would give added credibility to budget requests The data could include costs for each maintenance activity This would especially pinpoint individual emergency and snow removal activity costs ( emergency maintenance funds pool proposal ) Was the maintenance activity successfully achieved? RECOMMENDATION: Develop a standard data gathering system and require all tribes and agencies who receive road maintenance funding must report on a routine basis.

13. IV-Deferred Maintenance Report The deferred maintenance report could be augmented with the recommendation to require tribes/agencies to report on individual maintenance activities Currently the deferred maintenance reference in the green book is one sentence “The amount received in the TPA portion of the budget has been approximately $24,000,000 per year, which is less than 9% of the deferred maintenance of $289,000,000 for FY 2015” Set higher percentage goals of acceptable conditions (road miles and bridges) based on the Service Level Index in the Program Performance (GPRA) RECOMMENDATION: Include the Deferred Maintenance Assessement Data Summary in the President’s Budget Request (green book)

14. Deferred Maintenance

15. Additional Comments/Recommendations The justification in the Green Book is weak and only makes reference that road maintenance is critical for economic development. As the opening statement reads in slide #3, “tribal transportation systems are a lifeline for a community, district, village, town and city”

16. Summary I RECOMMENDATION: Create a separate budget activity for road maintenance within Operation of Indian Programs to give it greater significance. II RECOMMENDATION: Create a set aside pool for these types of emergencies in order to preserve TTP for its intended purpose. III RECOMMENDATION: Develop a standard data gathering system and require all tribes and agencies who receive road maintenance funding must report on a routine basis. IV RECOMMENDATION: Include the Deferred Maintenance Assessment Data Summary in the President’s Budget Request (green book)