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