Tribal Transportation Programs (2007)

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37 Alaska native corporation—Under the Alaskan Native Claims Settlement Act of 1971, a corporation owned by Alaskan natives for development purposes. The act cre- ated 12 regional entities with monetary compensation under the Alaska Native Claims Settlement Act. Native people own the corporation through privately held shares of stock. Bureau of Indian Affairs (BIA) Road Maintenance Program— Fund managed and distributed by BIA, separate from Indian Reservation Roads (IRR), for the maintenance of IRR transportation facilities. Channelization—Creation of a separate turning lane on a highway or road for vehicles turning either left or right to reduce the likelihood of traffic conflicts or crashes. Emergency Relief for Federally Owned Roads—Program provides assistance to roads defined as federal roads, pro- viding access to and within federal and Indian lands. Funds come from the Highway Trust Fund and cover 100% of repairs, but may not duplicate funds from other sources. The intent is to restore such roads to predisaster conditions. Enhancement funds—Under the Intermodal Surface Trans- portation Efficiency Act of 1991 (ISTEA), this program was established to provide 10% of Surface Transportation Program funds for any of the following activities: • Provision of facilities for pedestrians or bicycle. • Provision of safety and educational activities for pedes- trians and bicyclists. • Acquisition of scenic easements and scenic or historic sites. • Scenic or historic highway programs (including the provision of tourist and welcome center facilities). • Landscaping and other scenic beautification. • Historic preservation. • Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). • Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). • Control and removal of outdoor advertising. • Archaeological planning and research. • Environmental mitigation to address water pollution the result of highway runoff or to reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. • Establishment of transportation museums. Funding for transportation enhancements was continued under the Transportation Equity Act for the 21st Century (TEA-21), passed in 1998, and SAFETEA-LU, passed in 2004. Federal Lands Highway Program—Federally funded pro- gram that provides funding and services in cooperation with federal land management agencies, such as the Bureau of Land Management and U.S. Department of Agriculture Forest Service, and including BIA. This pro- gram specifically includes the IRR program managed jointly by FHWA and BIA. Indian Country—Basically, all lands, including reservations, created by or recognized by federal action as lands belong- ing to Indian tribal nations. Indian Reservation Roads (IRR)—According to 25 CFR Part 170, “roads and bridges that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alien- ation without the approval of the Federal Government, or Indian and Alaskan Native villages, groups or communi- ties in which Indians and Alaskan Natives reside. . . .” Indian Reservation Roads (IRR) Inventory—Comprehensive database of all facilities eligible for IRR funding by tribe, reservation, BIA agency, and region, congressional dis- trict, state, and county. Tribes contribute to the inventory through their own data gathering as part of establishing their eligibility for tribal shares under the IRR program; elements of the inventory are factored into the Relative Need Distribution Factor. Linkage—In planning terminology, a connection between one plan element and another, or between one plan and another, often used as a means of ensuring implementation by cross-referencing sections of the same plan or different plans. For example, a linkage between a long-range trans- portation plan and an economic development plan would involve some reference in at least one plan to the provi- sions of the other, preferably in an effort also to maintain consistency. Long-range transportation plan—Plan that identifies trans- portation goals, issues, and needs, and defines the direc- tion for planning, programming, and project development over a 20-year period. Metropolitan planning organization (MPO)—Under federal transportation planning law, an MPO is a mandated regional organization that is responsible for comprehen- sive transportation planning and programming in urban- ized areas. The MPO is responsible for producing the Transportation Plan, the Transportation Improvement Program (TIP), and the Unified Planning Work Program. Recognized tribe—Indian tribe whose legal existence is rec- ognized by the federal government, with all the sovereign powers established under federal law for such entities. Recognition is a prerequisite for entitlement to federal benefits and funds distributed to Indian tribal govern- ments. In some states, there are also state-recognized tribes that may or may not have federal tribal recognition. GLOSSARY

Reconfiguration—Realignment of streets or highways to eliminate hazardous curves, turns, or intersections. Relative Need Distribution Factor—Element of the IRR Tribal Transportation Allocation Methodology (TTAM) that helps to justify allocations based on the tribe’s inven- tory of IRR facilities. Reservation—Reserved lands set aside under federal law for occupancy and sovereign control by one or more Indian tribes, either through treaty agreement, act of Congress, or presidential executive order. Rural planning organization—Under federal transportation law, the rural equivalent of an MPO, but established in rural regions that lack an urbanized area. Self-determination—In a general sense, the ability of a people to determine its own future. Since the early 1970s, under P.L. 93-638 tribes have had the right to take control by compact with BIA or other relevant federal agencies (e.g., FHWA), according to federal standards, of particular pro- grams such as education, health care, or transportation. Transportation Improvement Plan (TIP)—Program for transportation projects, developed by an MPO, in con- junction with a state, for a three- to seven-year period. More generically the term includes state TIPs and tribal TIPs developed for the same purposes at their respective levels of governance. Tribal employment rights ordinance—Ordinance passed by an Indian tribal governing body that establishes preferen- tial hiring privileges for tribal members on jobs performed by outside contractors, such as road building or bridge repair. Tribal liaison—Whether for transportation or other purposes, an individual or office within a state or federal agency or state government designated to coordinate activities with tribal governments and their representatives. Several states have tribal liaisons within their transportation departments. Tribal membership—Enrollment as a citizen of an Indian tribal nation under the laws and constitution of the tribal 38 government. Tribes have exclusive jurisdiction to deter- mine the qualifications for tribal membership. Tribal shares—Allocation of federal IRR money available to any specific tribe based on the formula in force at the time of the allocation. Tribal sovereignty—Supreme legal power of an Indian nation to manage its own affairs within the context of its status as a domestic dependent nation within the United States. The boundaries of what constitute sovereignty have changed over time; however, the fundamental attribute is that, with regard to those areas of activity in which the Indian nation is assumed to be sovereign, it has the ulti- mate decision-making power, which must be respected by the state and federal governments. Tribal Transit Grant Program—Program managed by FTA under 49 U.S.C. 5311(c) to provide grants to tribal governments for transit development and operation under the Nonurbanized Area Formula Program. This program was expanded with new funding opportunities under SAFETEA-LU. Tribal Transportation Allocation Methodology (TTAM)— Method used by BIA to allocate IRR program funds among the tribes. It includes a Relative Need Distribution Factor, which controls the bulk of the funds available, High Priority Projects, and, in certain cases, a Population Adjustment Factor, all spelled out in BIA rules. Tribal Transportation Assistance Program (TTAP)— Network of regional centers funded under IRR to provide technical assistance to tribal transportation programs. Tribal trust lands—Lands belonging to Indian tribes held in trust by the federal government for the purposes of remov- ing such lands from taxing or other jurisdiction of the sur- rounding state or any of its subsidiary jurisdictions, such as cities or counties. Trust relationship—By law, the special historic relationship of the federal government to Indian tribes, with the assumption that the federal government will seek to pro- tect the tribes and act in their best interests.