Tribal Transportation Self-Governance Program
DOT hosts Tribal Consultation on Bipartisan Infrastructure Law
DOT Deputy Assistant Secretary for Tribal Affairs, Arlando Teller, and DOT Director of Tribal Affairs, Milo Booth, hosted a virtual consultation with Federally Recognized Indian Tribes on February 22, 2022, regarding the funding opportunities available to Tribes under the Bipartisan Infrastructure Law (BIL). The following DOT modes presented information and participated in a Q&A session regarding BIL funding opportunities: FHWA, FTA. FRA, MARAD, PHMSA, NHTSA, and FAA. A recording of this consultation is available at the following link:
https://usdot.zoomgov.com/rec/share/b0cYP_5CBb0GJq42EVnapgnWW7xiGh6jDJQge8L1RxmYWao3dZYVczOFvDG2nEKO.QT-XDJ31Cumc7QlI (Passcode: &LM7K.Qu)
Notice of proposed update to USDOT’s Tribal Consultation Policy
As a follow-up action to the President’s January 26, 2021 Memorandum on Tribal Consultation and Strengthening the Nation-to-Nation Relationships, the U.S. Department of Transportation, after consultation with Indian Tribes, is proposing an update to its Tribal Consultation Policy to improve and implement the policies and directives of Executive Order 13175. The proposed update is available for viewing at the following link: Department of Transportation Tribal Consultation Order. Here is another link that highlights in yellow the proposed main revisions and additions to the Department of Transportation’s Tribal Consultation Policy and Consultation Plan: Department of Transportation Tribal Consultation Order (DOT 5301.1A). In addition, here is a link to the video recording of the consultation on the proposed update to the Department of Transportation’s Tribal Consultation Order that was held on May 27, 2022: https://usdot.zoomgov.com/rec/share/2sWYOfOdensF_46Fit0Dq9ttgIDwN8zAh_9CtCbwuMspgP7YuRg4uPW9_xasSzDg.xxdY8fXJlN8t7SOo (Passcode: nSjtzD1?)
The Tribal Transportation Self-Governance Program (TTSGP) provides federally recognized Tribes and Tribal organizations with greater control, flexibility, and decision-making authority over federal funds used to carry out tribal transportation programs, functions, services, and activities (PFSAs) in tribal communities. The TTSGP also affords Tribes and Tribal organizations with specific rights and federal resources to implement and support their Self-Governance programs.
The TTSGP was authorized by Section 1121 of the Fixing America’s Surface Transportation Act, Pub. L. 114-94. Section 1121 is codified at 23 U.S.C. § 207. As directed by 23 U.S.C. 207, the Department developed the TTSGP regulation through a negotiated rulemaking with Tribe and Tribal organization representatives under the procedures of the Negotiated Rulemaking Act. The procedures for the negotiated rulemaking were adapted to the unique context of Tribal self-governance and the government-to-government relationship between the United States and Indian tribes. On June 1, 2020, the negotiated final TTSGP rule was published in the Federal Register. The rule will be codified in the Code of Federal Regulations at 49 C.F.R. part 29. The TTSGP final rule becomes effective on October 1, 2020.
The TTSGP is administered by the Director of Tribal Affairs in the Office of the Secretary of Transportation – Governmental Affairs. The Director of Tribal Affairs, among other responsibilities, coordinates technical support and negotiates the implementation and oversight of Self-Governance compacts and funding agreements with Tribes and Tribal organizations. The Director has the responsibility to evaluate the eligibility of Tribes and Tribal organizations that request to participate in the TTSGP. The TTSGP also facilitates the transfer of funds and support to Tribes and Tribal organizations that carry out tribal transportation PFSAs under Self-Governance compacts and funding agreements with the U.S. Department of Transportation.
This program is similar in many respects to the Title I Self-Determination contracts and the Title IV (Bureau of Indian Affairs) and Title V (Indian Health Service) Self-Governance programs authorized by the Indian Self-Determination and Education Assistance Act, Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq. Most Tribes and Tribal organizations in the U.S. already carry out Title I, Title IV, and Title V programs in their Tribal communities.
In the TTSGP, federal funds (e.g., FHWA or FTA formula funds) awarded to a Tribe or Tribal organization will be transferred in advance to the Tribe or Tribal organization in accordance with the terms of the funding agreement to carry out tribal transportation PFSAs. The TTSGP funds are subject only to the terms and conditions in 23 U.S.C. § 207, applicable federal statutory and government-wide requirements, the TTSGP final rule, and the terms of the TTSGP compact and funding agreement that are negotiated between the Department and a Tribe or Tribal organization.
For Tribes or Tribal organizations that are interested in applying to be a participant in the TTSGP or for any questions or comments regarding the TTSGP, you may contact the Director of Tribal Affairs at TribalAffairs@dot.gov.