American Recovery and Reinvestment Act

(ARRA) BIA Road Maintenance

IRRPC Committee MeetingHerdon, VA

March 24, 2009

ARRA Language

CONSTRUCTION For an additional amount for ‘‘Construction’’, for

repair and restoration of roads; replacement school construction; school improvements and repairs; and detention center maintenance and repairs, $450,000,000: Provided, That section 1606 of this Act shall not apply to tribal contracts entered into by the Bureau of Indian Affairs with this appropriation.

Recovery Act

Road Maintenance– For an additional amount for ‘‘Construction’’,

for repair and restoration of roads;– Maintain, repair and restore roads/bridges

which are the responsibility of the Secretary of the Interior, while creating and saving jobs on Indian Reservations, tribal communities and in Native villages.

– Improve the percentage of roads in “acceptable condition” based on the Program Strategic Plan measure over the next two years.

Program Data

# tribes affected: 342 # States affected: 34 # unique Road Maintenance Projects: 408 Miles of roads affected: 27,530 miles # Bridges affected: 940 bridges

Funding ProposedRoad Maintenance – Indian Affairs

$450 M for all “CONSTRUCTION” (less 5% for administrative use)

BIA RM Program:– A Portion for Roads in Fair Condition. – A Portion for All other Roads (Excellent – Failing)

Some takedown for reporting/monitoring at BIA Regions/BIADOT

What is Asset ManagementTransportation Asset ManagementChanging the Paradigm for Transportation Decision Making

Transportation Asset Management?

“An ongoing process of maintaining, upgrading, and operating physical assets

cost effectively, based on a continuous physical inventory

and condition assessment”

Source: Act 499 of the Public Acts of 2002.

How Can TAM Help You?

Improve ServiceReduce Long Term

Costs $$$

More CostEffective

More Credibility

More Accountability

Communication:Elected Officials

PublicJustify More

Resources!!

National LevelSAFETEA-LU National Commission

1. Rebuilding America: A National Asset

Management Program

Why Asset Management?

“ We pay for good roads if we have them or not ”

1941 Federal Bureau of Public Roads

The agency level . . .Where the “rubber” meets the road

Keep the Good Roads Good

Applying The Right FixIn the Right PlaceAt the Right Time

Project Level Vs. Network Level

Project: Moving pieces

Network: Winning game

TransitionProject Management Systems Management

Asset Management Components

Inventory What You Own

Assess It’s Condition

Estimate Future Condition

Measure Performance

Inventory

Inventory — Its Your Foundation• What do you own?

• How much do you own?

• Where is it?

Condition Assessment

What Condition Is It In? • Condition data will enable you to . . .

• Identify needs• Monitor trends over time• Anticipate and plan work• Assess funding needs• Communicate

• elected officials• public

• Effective investments

RatingAn “Ordered State” of Condition

Block Cracking Moderate

Progression

Rutting Less Than ½ Inch

Transverse Cracks 20 ft. Spacing

Longitudinal Joint Cracks Present

PASER 5

PASER (Rating)Pavement Condition Rating That Makes Sense

• Visual survey

• Based on sound engineering principles

• Reported on a scale of 1-10

• Beauty of it—• Explain to Elected Officials• Explain to Constituents

IndexSeverity of Individual Distresses

120 L.F. Med Severity Joint Distress 5 pts

120 sq.ft. minor Rutting 10 pts

578 L.F. of Severe Transverse Cracks 10 pts

PCI 45

270 sq.ft. Moderate Block Cracking 20 pts

Physical MeasurementAutomated

Measurements of physical aspects• Rutting• Roughness• Skid resistance• Crack frequency

• FWD data (pavement rigidity)

Criteria for a Condition Assessment?

What is the Cost to Collect?

Your Staff?Hire Out?

Can YOU Explain It?To your Boss?To your Crew?

To Elected Officials?To the Public?

Aid in Decision Making?

Is it Sustainable?

The Mix of Fixes

Key Pavement Management Definitions• CDP - Critical Distress Point

• The CDP is the point when pavement distress changes from needing preventive maintenance to needing structural improvement.

• (PASER rating 4)

• RSL - Remaining Service Life• RSL is the time in years from the present until the pavement

reaches the CDP.

• ESL – Extended Service Life• ESL is the time in years added to the current RSL based on the type

of treatment applied. • It does not represent the longevity of the treatment.

Pavement Deterioration Terms

Years Since Construction

PAS

ER

RAT

ING

10

1

9876543211

5 10 15 20 25 30

Today

RSL10 yr.

CDP

Window of Opportunity

Years Since Construction

PAS

ER

RAT

ING

10

1

9876543211

5 10 15 20 25 30

CDP

Reconstruct $$$$$

Routine Maintenance

Window of OpportunityLight & Heavy Maintenance $

Light Rehab $$

22

Cost Effectiveness of Treatments

Fix TypeCost $ per Lane

MileAdded Life

ESLCost per Year of

Added Life

Crack Seal $4,000 1 yr. $4,000

Seal Coat & Crack Seal

$20,000 4-9 yr. $5,000

Overlay $100,000 8-12 yr. $12,500

Crush & Shape $150,000 14 yr. $10,700

Reconstruction $300,000 15 yr. $20,000

Rehabilitation at 14 YearsCost $150,000 “worst first approach”

Years

Crush and Shape

At Year 14

PAS

ER

RAT

ING

10

1

9876543211

5 10 15 20 25 30

CDPESL11 yr.

Sealcoat at 10, Overlay at 18 Cost $120,000

Years

Sealcoat at Year 10

PAS

ER

RAT

ING

10

1

9876543211

5 10 15 20 25 30

CDP

Overlay at Year 18

ESL12 yr.

ESL8 yr.

Where is the “Bang for the Buck” ?

Example 1

• 30years

• 1 Rehab

• Cost $150,000

• Condition• Below CDP

Example 2

• 30 years

• Sealcoat & Overlay

• Cost $120,000

• Condition• Above CDP

TheWinner

System Preservation

MUST Be the Priority

“Keep the Good Roads Good”

Mix of Fixes…

Applying The Right Fix…

In the Right Place…

At the Right Time

Reconstruct, Reconstruct, ReconstructIs Over—No more Worst First

Estimating Future Condition

Service CycleEXAMPLE

500 lane-mile road networkYou do 10 lane miles of work each year

500 mi / 10 per yr = 50 years to touch the entire networkBut!

Your asphalt pavement only last 15 years

Shows you are doing the wrong thing

Where is the network going?

PASER Ratings

05

101520253035

1 2 3 4 5 6 7 8 9 10

Lane

Mile

s

2004 2007

More Milesin Poor

More Milesin Poor

More Milesin Poor Fewer in

Good and FairFewer in

Good and FairFewer Miles in Good and Fair

Management Systems

Managing Pavements Isn’t Rocket Science

Its Harder ! ! !

Pavement Management In Michigan

280 County Road Commissions

Cities

Villages

2 Tribes

PavementCulverts

SignsGuardrails

Pavement MarkingsSidewalksDrivewaysCrashes

Measure Performance

Telling your story

Source: Michigan Tech Transportation Institute.

Do Nothing

-4

-2

0

2

4

0 1 2 3 4 5Year

Average RSL

3

1

-1

-3

37

Telling your story

Source: Michigan Tech Transportation Institute.

Our Current Strategy(worst first)

Do Nothing

-4

-2

0

2

4

0 1 2 3 4 5Year

Average RSL

3

1

-1

-3

Telling your story

Source: Michigan Tech Transportation Institute.

Our Current Strategy(worst first)

Do Nothing

Basic Mix of Fixes

-4

-2

0

2

4

0 1 2 3 4 5Year

Average RSL

3

1

-1

-3

Telling your story

Source: Michigan Tech Transportation Institute.

Our Current Strategy(worst first)

Do Nothing

Basic Mix of Fixes

-4

-2

0

2

4

0 1 2 3 4 5Year

Average RSL

3

1

-1

-3

Funding Increase & Mix of Fixes

40

What a Pavement Management System CAN DO for You• Store inventory and condition data

• Summarize current condition of roadway network

• Estimate future condition of the roadway network

• Propose candidate projects

• Optimize alternative repair and funding strategies

• Promote communication with your agency

• Promote communication with the public

What a Pavement Management System CANNOT DO for You• Sell itself to public and elected officials

• Replace engineering judgment

• Substitute for proper maintenance

• Make decisions for you

• Provide all the answers

Satisfying Needs . . . Makes It Work

Counties, Cities & Villages

Regional Planning Organizations

Transportation Asset Management Council

State Transportation Commission

State Legislature

Tribal Councils

Regional Planning Organizations

IRRPCC

BIA / FHWA

Federal Lands

Congress

At the End of the Day . . .. . . Asset Management Is

Confirming . . .To yourself, that you are doing the Right Thing.

To others, that you are doing the Right Thing.

Why Asset Management ?

When times are worst . . .

. . . You need it the most!

Transportation Asset Management for Native American Tribal Governments

March 25, 2009IRRPCC Meeting

Who We Are

Terry McNinch, DirectorTim Colling, P.E., Asst. Director

Michigan’sLocal TechnicalAssistance Program

Technology Development Group

Who We Are

Non Profit 100% Externally Funded MI TTAP “down the hall”

Who We AreStaffing

9 Software Engineers/Analysts 3 Technical Writers

Training Coordinators

3 Civil Engineers Training Coordinator

2 Office Assistants Office Manager

Training Coordinator

Director

Who We Are100% Sponsored Projects

Michigan DOT

Michigan State Transportation Commission

Michigan State Police

FHWA

U.S. DOT / Kingdom of Saudi Arabia

Brasil—Tocantins DOT (World Bank) tentative

Who We AreAsset Management Projects

Who We AreAsset Management Projects

Who We AreAsset Management Projects

ARRA Overview Q&As

IRRPCC MeetingHerndon, VA

March 25, 2009

Disclaimer

• The information contained in these slides is still in the development stages and not yet finalized. Updates to this program are on-going. The final FHWA approved presentation will be made available to all users through the official FHWA website as well as other sources (TTAPs).

Topics• Major Provisions of ARRA• IRR Q&As regarding ARRA• Other IRR information

General• What is the name of the final legislation?

– The legislation is known as the American Recovery and Reinvestment Act of 2009. The acronym is ARRA and it is Public Law 111-5.

• Information & Guidance– http://www.fhwa.dot.gov/economicrecovery/

Purpose and Principles• SEC. 3. PURPOSES AND PRINCIPLES.• (a) Statement of Purposes- The purposes of this Act

include the following:– (1) To preserve and create jobs and promote economic recovery.– (2) To assist those most impacted by the recession.– (3) To provide investments needed to increase economic

efficiency by spurring technological advances in science and health.

– (4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.

– (5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.

Purpose and Principles

• SEC. 3. PURPOSES AND PRINCIPLES.– (b) General Principles Concerning Use of

Funds- The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified in subsection (a), including commencing expenditures and activities as quickly as possible consistent with prudent management.

Major Highway Provisions of the Act:Conference Agreement

• $27.5 billion total– $310 million for IRR

• Available through September 30, 2010• Transparency

– Publish fund usage on website (www.recovery.gov)

Major Highway Provisions of the Act:Conference Agreement

• Misc. General Provisions– Sec. 1604 – Appropriated funds cannot be used for

casino, aquarium, zoo, golf course, or swimming pool– Sec. 1605 – Use of American iron, steel, and

manufactured goods– Sec. 1606 – Laborers and mechanics to be paid

prevailing wages*– Sec. 1607 – Certification by Governor and

acceptance by State legislature**– Sec. 1609 – Compliance with National Environmental

Policy Act requirements

IRR Specific Q&As

Funding• How will the IRR Portion of ARRA funds

be administered and distributed?– Administered in accordance with Chapter 2 of

Title 23.– Distributed through the RNDF formula.– 100% Federal share– Ability to satisfy local match requirements is

under review.

Funding• How will ARRA funding get to the Tribes?

– The funds will be allocated to FHWA in early March. – FHWA will withhold the funding amount associated

with the FHWA Tribes and will then reallocate the remainder to BIA-DOT.

– After the documentation is received and approved by BIA-DOT or FHWA, the ARRA funds will be dispersed to the Tribes by P.L. 93-638 procedures or through the FHWA Program Agreements.

Funding• What is the required documentation that must

be submitted to and approved by FHWA or BIA-DOT prior to the release of the ARRA funds?– a Transportation Improvement Program (TIP), approved

by FHWA, showing the projects and activities to be performed with the ARRA funds;

– the signed Addendum to the Tribe’s AFA, RFA (for FHWA Tribes), or Title I PL 93-638 contract, including the scope of work. This addendum will contain standardized language that will identify tribal responsibilities with regard to reporting and use of funds.

Funding• What additional documentation is required

for construction projects prior to the release of ARRA funds?– the cover sheet of the approved PS&E, signed by a

state licensed PE;– the certification that the project design meets or

exceeds health and safety standards; – a completed project development checklist indicating

that all NEPA requirements, utility easements, and R-O-W clearances have been completed; and

– the proposed schedule for the construction project;

• Funds will not be provided for both the design and construction of a project simultaneously

Funding• What is the length of time on availability

of the ARRA funds?– The ARRA IRR funds are available until

September 30, 2010. – Funds released or de-obligated after that date

immediately expire and will not be available for re-obligation by any agency.

– As a result, all contracts/agreements must be finalized and funds obligated prior to this date.

Funding• How will the redistribution of funds

work?– In order to assure the utilization of the ARRA

funds, the Secretary of Transportation has been given the authority to collect up unobligated funds and “redistribute” them within the IRR Program.

– This will occur on February 17, 2010. – The criteria for ranking/selecting the

“redistribution” projects will be determined by FHWA and BIA over the next few months.

Planning• What should Tribes be doing to ensure their

projects are "ready to go" as part of the ARRA?– Tribes to review their current approved IRRTIP and

contact either their BIA Regional Office or FHWA/Federal Land’s IRR Coordinator to begin work as soon as possible on updating or amending their IRRTIP to show the projects utilizing ARRA funding.

– Tribes should begin public involvement and determine conformity and other planning process steps that are required for a new proposed project so as to have the project ready as soon as possible.

– Transit related projects should be coordinated with the relevant transit operating agency as well.

Planning• Can ARRA funds be used to replace IRR

funds in the first year of an IRRTIP to allow that money to be used on other projects?– Yes, provided that the project on which the funds are

to be used has not yet been obligated. In addition, all measures should be undertaken to still utilize FY09 IRR Program funds for another eligible transportation project/activities within FY09.

– Because we are in the final year of SAFETEA-LU, it is imperative that minimal IRR Program funds be left unobligated at the end of FY09.

Activities• What will be the eligible activities for the

ARRA funds?– Except as noted below, the list of eligible activities will

be the same as those for the IRR Program and shown in 25 CFR 170.

– Planning activities are not eligible nor will they be approved except those directly associated with a specific construction project shown on an approved TIP.

– Equipment purchases will be considered on a case by case basis and must be submitted to BIA-DOT and FHWA for consideration and approval.

Activities

• Can Tribes use these funds for maintenance?– Yes, in accordance with 25CFR170 and

SAFETEA-LU, tribes may use up to 25% of their ARRA funds for eligible and approved maintenance activities.

– These activities will have to be included in the TIP and will be subject to reporting.

– Additional BIA Road Maintenance Funding

Activities• Besides pure road improvement or

construction projects, what other types of “projects” should Tribes be considering?– Maintenance, Operational and Safety projects.

• Project examples include chip seal and dust suppression projects, traffic signal upgrades, dynamic message signs, road weather information systems, roadway striping, guardrail replacement, and traffic sign upgrades.

• Many of these projects require limited or no environmental review time, thus they can be developed quickly.

Reporting

• What will the reporting requirements be for the ARRA funds?– The specific requirements are still being

developed by OMB and FHWA.– Requirements of 1201(c) and 1512 will apply.– Requirements of 1201 (a) and (b) do not– Transparency is critical

– On-line at www.recovery.gov

Flow Diagram

Reports & Forms

Initial Project List(Form: FHWA-1586)

1. State 2. Report Date (mm/dd/yyyy)

3. County 4. Congressional District

5. Federal-Aid Project Number

6. State Project Number or Identification number

7. Project Type 8. Project Name 9. Project

Description

10. Project Purpose

11. Total Cost Estimate ($)

12. Project Schedule(mm/yyyy)

13. Project Rationale

14. EDA(Y/N)

15. NEPA Class Action

16. NEPA Milestone Completed

17. NEPA Milestone Date (mm/dd/yyyy)

18. Types of Federal Permits

19. Number of Federal Permits

20. Status of Federal Permits

21. Route Number

22. Begin Mile Point

23. End Mile Point

24. Length (miles)

Form FHWA - 1586 (Rev. 3-12)

PROJECT DATALocation:

Initial ARRA Project PlanAmerican Recovery and Reinvestment Act

Monthly Project Status Report(Form: FHWA-1585)

1. State 2. Report Month (mm/yyyy)

11. Address

Street Zip Code

Form FHWA-1585 (Rev. 3-09)

8. Notice to Proceed Date (mm/dd/yyyy)

9. Percent Complete 10.Contractor Name 12. DUNS Number

MONTHLY RECIPIENT PROJECT STATUS REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

PROJECT DATAContractor Information

3. Contracting Agency 4. Federal-aid Project Number

5. State Project Number or Identification Number

6. Advertisement Date

(mm/dd/yyyy)

7. Award Date (mm/dd/yyyy) 13. E-mail Adress

Monthly Summary Employment Report (Form: FHWA-1587)

1. State 2. Report Month (mm/yyyy)

7. Status of 8. Total4. State Project Number or 6. Contractor Name / Contractor Employment

Identification Number State or Local Agency Employment (number ofReports employees)

Form FHWA-1587 (Rev. 3-09)

Monthly Summary Employment ReportAmerican Recovery and Reinvestment Act

Summary Data

3. Federal-aid Project Number 5. Project Description 9. Total Hours 10.Total Payroll ($)

Monthly Employment Report

Name:Address:

City: State:Zip:

EMPLOYEES HOURS PAYROLL

0 0 0.00

DATE:Name:

Title:

7. CONTRACTOR NAME AND ADDRESS

4. Federal-Aid Project Number

9. Employment Data

6. Project Location: State, County or Federal Region

Subcontractor Direct, On-Project JobsPrime Contractor Direct, On-Project Jobs (see guidance for definitions)

Subcontractor Name

Prime and Subcontractor Totals

10. PREPARED BY CEO or Payroll Official:

MONTHLY EMPLOYMENT REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

8. Contractor/Subcontractor DUNS Number:

1. First day of reporting period: (mm/dd/yyyy) 3. Contracting Agency2. Report Month: (mm/yyyy)

5. State Project Number or ID Number

Periodic Grouped Project Report(Form: FHWA-1588)

1. State 2. Report Month (mm/yyyy)

3. County 4. CongressionalDistrict 5. Federal-aid Project Number 6.State Project Number or

Identification Number 7.Project Description 8. Project Purpose

9. Estimated Total Cost

10. Scheduled Completion Date

(mm/dd/yyyy)

11. Project Rationale

12. Economically Distressed Area

(Y/N)

13. Route Number

14. Beginning Mile Point 15. Ending Mile Point 16. Award Date

(mm/dd/yyyy)

Form FHWA - 1588 (Rev. 3-12)

PERIODIC GROUPED PROJECT REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

PROJECT DATA

Other IRR Information

FY09 IRR Program Funding• Authorized level - $450 million• Appropriation passed• Final numbers being determined

– Ob limit– Rescission– Additional takedowns

PLH-D ListingPreliminary FY 2009 Tribal oriented PLH-Discretionary (PLHD) List

STATE PROJECT DESCRIPTION AS DESIGNATED

DESIGNATED AMOUNT IN JOINT

EXPLANATORY STATEMENT

AK Alaska Trails Initiative $1,900,000.00AZ Infrastructure - Roads Improvement, Tohono O'odham Nation, Sells $950,000.00AZ Sage Brush Road Project, Navajo Mountain Chapter $139,650.00CA Bald Hill Slide Mitigation, Hoopa Reservation $712,500.00FL BIA Route 1281, Snake Road Improvement Project, Seminole Big Cypress Reservation $475,000.00FL Snake Road Safety Improvements, Miccosukee Reservation $760,000.00ND Cannon Ball and Fort Yates Community Streets Road Improvements $1,757,500.00NM US 491: Navajo 9 to Shiprock, Four-lane upgrade $950,000.00SD Cuny Table Road (BIA Route 2), Pine Ridge Indian Reservation $1,900,000.00SD Improvements to SD 73 from US 18 to Jackson County Serving Pine Ridge and Rosebud Reservation $950,000.00SD Kenel Road (BIA Route 3) Rehabilitation and Resurfacing, Standing Rock Sioux Tribe, Corson County $237,500.00SD Reconstruction of BIA Route 15, Marshall County $475,000.00UT Navajo Route 35 Resurfacing Project $950,000.00WA Skokomish Tribe Reservation Road Improvements $1,330,000.00WA Squaxin Island Access Improvement Project $1,045,000.00WY 17-Mile Road Reconstruction, Wind River Indian Reservation $475,000.00TOTAL 16 Projects $15,007,150.00

QUESTIONS?

1

1 ARRA Overview Q&AsARRA Overview Q&AsIRRPCC MeetingIRRPCC MeetingHerndon, VAHerndon, VAMarch 25, 2009March 25, 2009

2 DisclaimerDisclaimer• The information contained in these slides is still in the development stages and

not yet finalized. Updates to this program are on-going. The final FHWAapproved presentation will be made available to all users through the officialFHWA website as well as other sources (TTAPs).

3 TopicsTopics• Major Provisions of ARRA• IRR Q&As regarding ARRA• Other IRR information

4 GeneralGeneral• What is the name of the final legislation?

– The legislation is known as the American Recovery and Reinvestment Act of 2009.The acronym is ARRA and it is Public Law 111-5.

• Information & Guidance– http://www.fhwa.dot.gov/economicrecovery/

5 Purpose and PrinciplesPurpose and Principles• SEC. 3. PURPOSES AND PRINCIPLES.• (a) Statement of Purposes- The purposes of this Act include the following:

– (1) To preserve and create jobs and promote economic recovery.– (2) To assist those most impacted by the recession.– (3) To provide investments needed to increase economic efficiency by spurring technological advances in science and

health.– (4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic

benefits.– (5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and

counterproductive state and local tax increases.

6 Purpose and PrinciplesPurpose and Principles• SEC. 3. PURPOSES AND PRINCIPLES.

– (b) General Principles Concerning Use of Funds- The President and the heads ofFederal departments and agencies shall manage and expend the funds madeavailable in this Act so as to achieve the purposes specified in subsection (a), includingcommencing expenditures and activities as quickly as possible consistent with prudentmanagement.

7 Major Highway Provisions of the Act:Major Highway Provisions of the Act:Conference AgreementConference Agreement• $27.5 billion total

– $310 million for IRR• Available through September 30, 2010• Transparency

– Publish fund usage on website (www.recovery.gov)

2

8 Major Highway Provisions of the Act:Major Highway Provisions of the Act:Conference AgreementConference Agreement• Misc. General Provisions

– Sec. 1604 – Appropriated funds cannot be used for casino, aquarium, zoo, golf course, or swimmingpool

– Sec. 1605 – Use of American iron, steel, and manufactured goods– Sec. 1606 – Laborers and mechanics to be paid prevailing wages*– Sec. 1607 – Certification by Governor and acceptance by State legislature**– Sec. 1609 – Compliance with National Environmental Policy Act requirements

9 IRR Specific Q&AsIRR Specific Q&As10 FundingFunding

• How will the IRR Portion of ARRA funds be administered anddistributed?– Administered in accordance with Chapter 2 of Title 23.– Distributed through the RNDF formula.– 100% Federal share– Ability to satisfy local match requirements is under review.

11 FundingFunding• How will ARRA funding get to the Tribes?

– The funds will be allocated to FHWA in early March.– FHWA will withhold the funding amount associated with the FHWA Tribes and will then reallocate the

remainder to BIA-DOT.– After the documentation is received and approved by BIA-DOT or FHWA, the ARRA funds will be

dispersed to the Tribes by P.L. 93-638 procedures or through the FHWA Program Agreements.

12 FundingFunding• What is the required documentation that must be submitted to and approved by

FHWA or BIA-DOT prior to the release of the ARRA funds?– a Transportation Improvement Program (TIP), approved by FHWA, showing the projects and

activities to be performed with the ARRA funds;– the signed Addendum to the Tribe’s AFA, RFA (for FHWA Tribes), or Title I PL 93-638 contract,

including the scope of work. This addendum will contain standardized language that will identify tribalresponsibilities with regard to reporting and use of funds.

13 FundingFunding• What additional documentation is required for construction projects prior to the

release of ARRA funds?– the cover sheet of the approved PS&E, signed by a state licensed PE;– the certification that the project design meets or exceeds health and safety standards;– a completed project development checklist indicating that all NEPA requirements, utility easements,

and R-O-W clearances have been completed; and– the proposed schedule for the construction project;

• Funds will not be provided for both the design and construction of a projectsimultaneously

14 FundingFunding• What is the length of time on availability of the ARRA funds?

– The ARRA IRR funds are available until September 30, 2010.– Funds released or de-obligated after that date immediately expire and will not be

available for re-obligation by any agency.– As a result, all contracts/agreements must be finalized and funds obligated prior

3

to this date.

15 FundingFunding• How will the redistribution of funds work?

– In order to assure the utilization of the ARRA funds, the Secretary of Transportationhas been given the authority to collect up unobligated funds and “redistribute” themwithin the IRR Program.

– This will occur on February 17, 2010.– The criteria for ranking/selecting the “redistribution” projects will be determined by

FHWA and BIA over the next few months.

16 PlanningPlanning• What should Tribes be doing to ensure their projects are "ready to go" as part of

the ARRA?– Tribes to review their current approved IRRTIP and contact either their BIA Regional Office or

FHWA/Federal Land’s IRR Coordinator to begin work as soon as possible on updating or amendingtheir IRRTIP to show the projects utilizing ARRA funding.

– Tribes should begin public involvement and determine conformity and other planning process stepsthat are required for a new proposed project so as to have the project ready as soon as possible.

– Transit related projects should be coordinated with the relevant transit operating agency as well.

17 PlanningPlanning• Can ARRA funds be used to replace IRR funds in the first year of an IRRTIP to allow

that money to be used on other projects?– Yes, provided that the project on which the funds are to be used has not yet been obligated. In

addition, all measures should be undertaken to still utilize FY09 IRR Program funds for anothereligible transportation project/activities within FY09.

– Because we are in the final year of SAFETEA-LU, it is imperative that minimal IRR Programfunds be left unobligated at the end of FY09.

18 ActivitiesActivities• What will be the eligible activities for the ARRA funds?

– Except as noted below, the list of eligible activities will be the same as those for the IRR Program andshown in 25 CFR 170.

– Planning activities are not eligible nor will they be approved except those directly associated with aspecific construction project shown on an approved TIP.

– Equipment purchases will be considered on a case by case basis and must be submitted to BIA-DOTand FHWA for consideration and approval.

19 ActivitiesActivities• Can Tribes use these funds for maintenance?

– Yes, in accordance with 25CFR170 and SAFETEA-LU, tribes may use up to 25% oftheir ARRA funds for eligible and approved maintenance activities.

– These activities will have to be included in the TIP and will be subject to reporting.– Additional BIA Road Maintenance Funding

20 ActivitiesActivities• Besides pure road improvement or construction projects, what other types of

“projects” should Tribes be considering?– Maintenance, Operational and Safety projects.

• Project examples include chip seal and dust suppression projects, traffic signal upgrades, dynamic message signs,road weather information systems, roadway striping, guardrail replacement, and traffic sign upgrades.

• Many of these projects require limited or no environmental review time, thus they can be developed quickly.

21 ReportingReporting• What will the reporting requirements be for the ARRA funds?

4

– The specific requirements are still being developed by OMB and FHWA.– Requirements of 1201(c) and 1512 will apply.– Requirements of 1201 (a) and (b) do not– Transparency is critical

– On-line at www.recovery.gov

22 Flow DiagramFlow Diagram

23 Reports & FormsReports & Forms24 Initial Project ListInitial Project List

(Form: FHWA(Form: FHWA--1586)1586)

25 Monthly Project Status ReportMonthly Project Status Report(Form: FHWA(Form: FHWA--1585)1585)

26 Monthly Summary Employment Report (Form: FHWAMonthly Summary Employment Report (Form: FHWA--1587)1587)

27 Monthly Employment ReportMonthly Employment Report28 Periodic Grouped Project ReportPeriodic Grouped Project Report

(Form: FHWA(Form: FHWA--1588)1588)

29 Other IRR InformationOther IRR Information30 FY09 IRR Program FundingFY09 IRR Program Funding

• Authorized level - $450 million• Appropriation passed• Final numbers being determined

– Ob limit– Rescission– Additional takedowns

31 PLHPLH--D ListingD Listing32

33 QUESTIONS?QUESTIONS?