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This February 8, 2023, webinar highlighted resources available to help potential grant applicants navigate USDOT funding opportunities. The session demonstrated some of the tools available on the DOT Navigator—the Department’s one-stop shop for technical assistance—and spotlighted several...
WRITTEN STATEMENT OF TIMOTHY HESS
ASSOCIATE ADMINISTRATOR, OFFICE OF FEDERAL LANDS HIGHWAY FEDERAL HIGHWAY ADMINISTRATION,
U.S. DEPARTMENT OF TRANSPORTATION
BEFORE THE COMMITTEE ON INDIAN AFFAIRS,
UNITED STATES SENATE
May 4, 2022
Chairman Schatz, Vice Chairman Murkowski, Members of the Committee, thank you for the opportunity to appear before you today to discuss implementation of the Infrastructure Investment and Jobs Act, otherwise known as the Bipartisan Infrastructure Law (BIL), as it relates to Native communities. The BIL represents a once-in-a-generation investment in our nation’s infrastructure, competitiveness, and communities and provides approximately $550 billion in new Federal infrastructure investment. This includes historic and critical investments in Tribal transportation, including increased funding to programs dedicated to Tribal needs and increased Tribal eligibility for new and existing discretionary grant programs. The BIL also created the new Department of Transportation (Department) Office of Tribal Government Affairs, which elevates Tribal Government Affairs leadership to the rank of Assistant Secretary within the Department for the first time.
The Federal Highway Administration (FHWA) has a long history of collaborating with Tribes efficiently and effectively, and I am proud of the relationships we have fostered. Maintaining and strengthening these ties is key to implementing the BIL successfully. I would like to update you on a number of efforts we have underway, which will help in achieving our shared goal of enhanced safety and improved transportation for all Tribal communities. FHWA has also launched a website with guidance on these programs and more, which can be found at https://www.fhwa.dot.gov/bipartisan-infrastructure-law/.
TRIBAL TRANSPORTATION PROGRAM
The Tribal Transportation Program (TTP) is the primary mechanism for Federal investment in Tribal transportation projects. Through the BIL, Congress provided more than $3 billion for TTP over the next five years, including $578 million for fiscal year 2022, an increase of nearly 15 percent from 2021 levels. The TTP funds projects to provide safe and adequate transportation and public road access to and within Indian reservations, Indian lands, and Alaska Native Village communities. The program improves transportation for all 574 federally-recognized sovereign Tribal governments and is jointly administered by FHWA and the Department of Interior’s Bureau of Indian Affairs (BIA).
A majority of TTP funding is distributed based on statutory formula, with set-asides dedicated to specific project types, such as transportation planning, safety, and high priority projects. With the enactment of the Consolidated Appropriations Act, 2022, FHWA and BIA are working together now to finalize calculation of the statutory formula amounts and distribute the fiscal year 2022 TTP funding to Tribes.
We look forward to working closely with Tribes in our ongoing implementation of the BIL, investing in a range of infrastructure projects that improve safety and mobility, create good jobs, protect our environment, and build a foundation for lasting economic opportunity in our communities.
SAFETY
Safety remains the Department’s top priority and we are committed to improving safety and reducing fatalities on Indian roads. Fatalities on America’s road continue to rise, with early estimates for the first nine months of 2021 showing an increase of 12 percent compared to the same period in 2020. Native Americans are more likely to lose their lives in car crashes than any other group. Deaths in traffic crashes among Native American and Alaska Native youth aged 0- 19 are between two and five times higher than they are for other racial and ethnic groups. This is a crisis. We must improve transportation safety in Tribal areas.
Several programs authorized in the BIL will facilitate necessary investments in Tribal facilities and safety planning. FHWA is also working in collaboration with the National Highway Traffic Safety Administration (NHTSA) to identify best practices in Tribal crash reporting as required under the BIL, to ensure that data surrounding transportation safety in Tribal areas is accurate and comprehensive.
The Tribal Transportation Program Safety Fund (TTPSF) is dedicated to preventing and reducing transportation-related injuries and fatalities on Tribal lands. Funding for the TTPSF more than doubled in the BIL, changing from a two percent set-aside from TTP funding to four percent. For fiscal year 2022, this will mean $23 million of grants to Tribes, up from $9 million in fiscal year 2021. Since the TTPSF’s inception in 2012, FHWA has awarded approximately $79 million in competitive grants to 434 Tribes to develop transportation safety plans and address safety issues on Tribal transportation facilities. Historically, the amount of funding sought by Tribes has far exceeded the amount available. The funding increase that Congress provided will allow FHWA to fund more projects to improve safety in the coming years as we work toward the Department’s goal of eliminating deaths and serious injuries on our roadways. FHWA plans to announce the TTPSF awards for fiscal year 2021 very soon and is currently developing the fiscal year 2022 notice of funding opportunity.
In addition to dedicated Tribal safety funding, safety projects on Tribal lands are also eligible for funding under other programs. The Highway Safety Improvement Program (HSIP) provides resources to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including on Tribal land. HSIP funds have been used for several types of safety-related projects in Tribal areas, including installing rumble strips and guardrails, improving safety signing and pavement marking, removing roadway hazards, widening roadways, and improving roadway surface friction. Safety projects on Tribal lands may also be eligible under the Transportation Alternatives (TA) set-aside of the Surface Transportation Block Grant (STBG) Program. For example, Safe Routes to School projects on Tribal lands, which improve the ability of primary, middle, and high school students to walk and bicycle to school safely, are eligible for TA funding.
The BIL also created the Safe Streets and Roads for All (SS4A) Program and provided $5 billion of funding over five years to develop comprehensive safety action plans (CSAP); conduct planning, design, and development activities for projects and activities contained in a CSAP; or to carryout projects and strategies identified in a CSAP. Tribes are eligible to apply for these funds and the Department hosted a pre-solicitation outreach webinar specifically for Tribal governments on April 28. The Department anticipates publishing the notice of funding opportunity for this program soon.
BRIDGE FUNDING
The BIL includes an unprecedented investment in the Tribal Transportation Bridge Program (TTBP), increasing funding by over 14 times the level authorized in the Fixing America’s Surface Transportation (FAST) Act (P.L. 114-94). This injection of new funds will address a critical problem and could not come at a better time. According to the 2020 National Bridge Inventory (NBI), nearly 11 percent (882 out of 8,060) of the bridges eligible for TTP Bridge funding in the NBI are classified as in poor condition.
Tribes will receive over $1 billion over the next five years under the TTBP primarily for new construction, replacement, and rehabilitation of bridges. The BIL eliminated the three percent set-aside from the TTP that funded Tribal bridge projects in the past. Instead, funding for Tribal bridges is now drawn in part from a three percent set-aside in the new Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program (Bridge Formula Program), which received $27.5 billion over five years from the BIL, the single largest dedicated bridge investment since the construction of the Interstate highway system. Projects using these funds are eligible for a 100 percent Federal share. Additional Tribal bridge funding under the BIL is available from a set-aside under the Bridge Investment Program, a new discretionary grant program.
To make it as easy as possible for Tribes to apply for and receive funding to fix bridges, all of these funds will be administered under the TTBP, regardless of their origin. For fiscal year 2022, a total of $201 million will be available to Tribes under the TTPBP. Tribes can apply for this funding at any time during the fiscal year and Tribes with FHWA agreements can seek technical assistance in preparing the application package from their tribal coordinators.
ADDITIONAL TRIBAL GRANT PROGRAMS
While the majority of TTP funds are distributed via statutory formula, as discussed above, Tribes are also able to apply to several grant programs to fund specific kinds of projects.
Nationally Significant Federal Lands and Tribal Projects Program
The Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program provides funding for the construction, reconstruction, and rehabilitation of nationally significant projects within, adjacent to, or accessing Federal and Tribal lands. Pursuant to the BIL, for the first time, half of all funding under the NSFLTP Program is required to be awarded to Tribal transportation facilities. The law made other changes that will increase the impact of this program in Tribal communities. First, the minimum required project size was reduced from $25 million to $12.5 million, opening the program up to a larger diversity of projects and communities that may benefit. Second, Tribes can now receive 100 percent Federal share of funding on their eligible projects. Tribes can now invest their own transportation funding in other projects, while still ensuring these larger projects are completed. FHWA plans to publish the fiscal year 2022 notice of funding opportunity for the NSFLTP that incorporates these changes soon.
Tribal High Priority Projects Program
The BIL established dedicated funding for the Tribal High Priority Projects (THPP) Program. This program provides funding to Tribes whose annual allocation under the TTP is insufficient to complete their highest priority projects or to Tribes experiencing an emergency or disaster that renders a transportation facility impassable or unusable. The BIL marks the first time in over ten years that a program focused on Tribal high priority projects has received funding, increasing available Federal resources for transportation projects that may not otherwise be completed.
ADDITIONAL DISCRETIONARY GRANT PROGRAMS
The BIL establishes more than a dozen new highway programs, including numerous discretionary grant programs. Tribes are eligible for many of these new grants, including these programs administered by FHWA:
FHWA knows how critically important infrastructure funding is to Tribal governments, and we are working to make these funding opportunities available as quickly as possible.
Tribes are also eligible to receive funding under several other, unprecedented grant programs funded under the BIL. In January, the Department published a notice of funding opportunity for
$1.5 billion in grant funded through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program. The application period for that grant program has now closed. In March, the Department announced $2.9 billion of funding for major infrastructure projects through an innovative combined notice, which included: the National Infrastructure Project Assistance (Mega) Program, the Infrastructure for Rebuilding America (INFRA) Program, and the Rural Surface Transportation Grant Program (Rural). Tribal governments and consortia of Tribal governments are eligible to apply for all of these grant programs and applications close on May 23.
The BIL also created the Reconnecting Communities Pilot Program, which aims to restore community connectivity by removing, retrofitting, or mitigating highways or other transportation facilities that create barriers to community connectivity, including barriers to mobility, access, or economic development. Congress provided $1 billion of funding over five years, for which Tribes are eligible to apply. The Department anticipates publishing a notice of funding opportunity in June. Tribes are also eligible to apply for the Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program created in the BIL. These grants will fund demonstration projects to advance smart city or community technologies and systems to improve transportation efficiency and safety, while advancing other priorities such as climate mitigation, resilience, and equity. Finally, Tribal colleges are eligible to apply as grantees or otherwise partner with University Transportation Centers (UTCs), which support state-of-the- art in transportation research, enable technology transfer, and invest in the next generation of transportation professionals.
TECHNICAL ASSISTANCE
The BIL represents a historic investment in Tribal infrastructure projects. However, the law can only achieve its intended transformative effect if Tribes can take full advantage of the funding opportunities it provides. To that end, FHWA continues to prioritize the critical technical assistance tools that help Tribes plan projects, identify appropriate funding sources, submit successful funding applications, and effectively execute projects. FHWA’s Tribal Technical Assistance Program (TTAP) has a long history of providing vital technical assistance to Tribes in administering their transportation programs. In January, FHWA published a notice of funding opportunity announcing $17.8 million to re-establish and operate seven TTAP centers throughout the country. These new centers will align with the BIA regions and deliver valuable training and technical assistance resources with a new emphasis on program management and project delivery. This notice came after several years of significant consultations and outreach to Tribes, Federal stakeholders, and national Tribal groups to reaffirm how best to meet the technical assistance needs of Tribal communities. While these new centers are being established, FHWA has expanded its virtual training opportunities and increased support for Tribes through remote programming. Applications for TTAP Centers closed on May 2.
In addition to the assistance provided through the TTAP, FHWA’s Office of Federal Lands Highway Office of Tribal Transportation provides direct funding and technical assistance to approximately 124 federally-recognized Tribes that have signed program agreements with FHWA. Each of these Tribes is assigned a Tribal Coordinator, who conducts all stewardship and oversight activities, including providing needed or requested technical assistance to help ensure each Tribe is successful in administering their transportation programs and projects. For example, the Tribal Coordinator will work with Tribes to prepare and review an application package for the Tribal Transportation Bridge Program and resolve any outstanding issues before submitting the application.
The BIL also made improvements to the environmental review process that applies to Tribal transportation projects. FHWA will ensure that decisions required under the National Environment Policy Act for Tribal transportation safety projects are made within 45 days, or as instructed by Congress. Additionally, FHWA is actively working with BIA to develop a template for programmatic agreements for categorical exclusions that can be adapted for use by individual Tribes, as well as further information and training to inform Tribes of their options under the BIL.
CONCLUSION
Thank you again for the opportunity to appear before you today. I would be happy to answer any questions you may have.
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STATEMENT OF
DAVID H. BOULTER, ACTING ASSOCIATE ADMINISTRATOR FOR AVIATION SAFETY
FEDERAL AVIATION ADMINISTRATION
HEARING BEFORE THE UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE AVIATION SAFETY
FEBRUARY 7, 2023
Chair Graves, Ranking Member Larsen, and members of the Committee, thank you for the opportunity to be here today. I am David Boulter, and I serve as the acting associate administrator for aviation safety at the Federal Aviation Administration (FAA), a role I have held for almost a year. During my career, I have been fortunate to serve in numerous aviation roles both in industry with commercial air carriers and in government. Over the past 25 years, my government service includes positions in the FAA as an aviation safety inspector, director of operations for multiple legacy FAA flight programs, senior FAA representative in Afghanistan, and executive for the FAA’s Flight Program. My permanent position is the executive director of flight standards. I believe the breadth of my real-world experience has given me a common-sense approach that focuses on safety – and on constantly moving forward. In my mind, complacency and stagnation are equal threats to a safety culture.
In December 2020, Congress included the Aircraft Certification, Safety, and Accountability Act, with more than 100 provisions for the FAA to implement, in the Consolidated Appropriations Act, 2021. I thank the Committee for its leadership in passing this important legislation, and we have completed more than half of its directives. I also want to emphasize the efforts of the families of the victims of the Lion Air Flight 610 and Ethiopian Airlines Flight 302. This legislation would not have been possible without your tireless advocacy on behalf of your loved ones. The important work we have accomplished includes strengthening oversight of manufacturers that have delegated authority through the Organization Designation Authorization (ODA) program, instituting the Voluntary Safety Reporting Program for FAA safety employees, and recently issuing a notice of proposed rulemaking that would require aircraft manufacturers, on-demand and for-hire operations (14 CFR Part 135), and air tour operators to implement a safety management system. We remain focused on implementation of this legislation and continue to make significant strides in fulfilling its requirements.
In recent months, the agency has made important headway in meeting additional statutory obligations aimed at improving safety and has moved a number of those rulemaking projects forward. I am proud to say that in my one-year tenure, we have published seven aviation safety rulemaking actions stemming from congressional direction.
At all times, the safety of the traveling public has been our top priority. The commercial aviation system in the United States currently operates at an unprecedented level of safety, but we do not take that for granted. We achieved this safety record because we have made a concerted effort to evolve in how we approach safety oversight – both in detecting risks and in responding to the risks identified. Key to this approach is a commitment to sharing data through an open and transparent safety culture to detect risks and address problems before accidents occur.
Our mission is continuous improvement in safety — even as we see significant changes on the horizon to how people and packages might travel by air in our busiest cities and across the country. The FAA is rising to that occasion. We are taking steps to establish a regulatory framework that enables innovation and manages the identified risks commensurate with desired operations. This ensures that new entrant aircraft and operators – including those seeking to conduct advanced air mobility (AAM) operations – will benefit from 120 years of lessons learned since the Wright brothers made their first controlled flight.
I would like to acknowledge my fellow panel members. I am encouraged that you asked representatives from a wide range of aviation interests to speak today. As we all know, aviation safety is a team effort, and we all share the mutual goal of making the world’s safest mode of transportation even safer. While we all have specific roles to play, we understand the solemn trust that the public has placed in us.
I think it is important to take a moment to recognize National Transportation Safety Board (NTSB) Chair, Jennifer Homendy, and the important collaborative relationship between our two agencies. We work jointly on accident investigations, with the FAA providing support with real-time information, technical data, transportation to accident scenes, and aviation safety inspector/accident investigator support and cooperation. We also collaborate on safety priorities, to include FAA responses to NTSB safety recommendations. Since 2011, the FAA has annually closed more recommendations than it has received, and the number of open recommendations for FAA (222) is at its lowest point in more than two decades. The FAA takes the NTSB’s role seriously and devotes a tremendous amount of time and attention to addressing their recommendations.
Safety Highlights
Today, I want to briefly share some of the actions we are taking to fulfill our safety mission, which extends from general aviation to commercial and air carrier operations.
Evolving our regulatory structure is necessary to enable new users of the airspace, and support innovation and new commercial operations with aircraft and technologies that are evolving at a pace not previously seen in our industry. Sustaining the agency’s safety record will be dependent upon the ability to be agile in our regulations, yet firm in our enforcement. Although we recognize the need to adapt to new technologies and enable their use, we must also manage risk and be deliberative in our decisions. The FAA is using modern tools and philosophies and incorporating performance-based regulation where possible to develop a regulatory environment that ensures aviation safety remains paramount. We have several recent examples of rulemaking that demonstrate our continued commitment to improving safety and providing flexibility to users of the National Airspace System (NAS).
While these past few months have been busy, we have fully staffed additional rulemaking projects and expect great progress in 2023. The resulting rules will have important implications for certain aircraft, operations, and pilots as we look to enhance the safety of existing operations, continue to normalize certain aspects of operations with unmanned aircraft, and integrate new entrant aircraft into our national airspace.
Other Safety Initiatives
Our work to improve aviation safety does not stop at our borders. As Congress has directed in section 243 of the FAA Reauthorization Act of 2018, we continue our efforts as a global leader in aviation, and much of the globe is watching in anticipation of our plans for integrating new entrant aircraft into the NAS and the desired operations envisioned by manufacturers and future operators. The International Civil Aviation Organization (ICAO) Personnel Training and Licensing Panel is tackling pilot qualification for AAM aircraft and the U.S. has been leading this activity. At the ICAO Assembly this past September, the FAA proposed that ICAO establish an advisory group that would connect all aspects of the AAM ecosystem as the world works to enable this industry. The proposal was well-received and work has begun to stand up a study group. We look forward to supporting that effort.
In addition to our important work on rules and the development of international consensus standards, we would be remiss to not mention how we support the aviation industry through the issuance of guidance and information to support rule implementation and operations by all airspace users. The FAA published one of the highly anticipated advisory circulars on flightpath management in November. This document provides both guidance and recommended practices for operators to implement operational procedures and training for managing the airplane’s flight path, which includes manual flight operations and managing automated systems. Addressing pilot overreliance on automation through this guidance remains safety-critical. The foundation of its content originated from recommendations from our Air Carrier Training Aviation Rulemaking Committee and is a wonderful example of how industry and government can come together to address a challenge and achieve a common goal – enhancing safety.
In October, we published a revision to our guidance that supports recreational operations of unmanned aircraft and aligns with the statutory permissions afforded to those flyers by the FAA Reauthorization Act of 2018.
Another huge accomplishment was the consolidation and updating of six -related advisory circulars into a single Aviation Weather Handbook that was published in November.
This technical reference streamlines pilot access to all of the FAA’s weather documentation and is designed to support everyone who operates in the NAS – from recreational pilots to commercial pilots and dispatchers. Having current technical information about weather is a critical component to safe flying and pilot decision making and it is important that the FAA continue to support airspace users with handbooks like this.
Moving Forward
It is an exciting time in aviation, and we have a lot to look forward to – this also means there is no shortage of work ahead of us. I am extremely proud of the work our staff is doing to address the breadth of aviation safety work we have in front of us. With innovation, it is important we continue to develop and train our workforce so we can continue to meet the regulatory needs of this industry and our safety mission. We are executing workforce strategies to do this while also onboarding diverse talent with the right expertise to strengthen our workforce. The development and expansion of the professional aviation workforce in general is also critical to our industry, and we are proud to promote exciting careers like being an aviation mechanic or a pilot through Aviation Workforce Development grants.
Finally, we will continue to engage with the aviation community, our labor partners, and industry stakeholders, on addressing the safety and sustainability challenges that face our industry through our established committees and outreach events. Our collaborative efforts with long-standing groups like the Commercial Aviation Safety Team (CAST), the General Aviation Joint Safety Committee (GAJSC), and the U.S. Helicopter Safety Team (USHST), help us achieve our collective safety mission and continue to push the envelope in finding ways to enhance safety for all stakeholders. Through the more recent establishment of the Eliminate Aviation Gasoline Lead Emissions (EAGLE) team a year ago, we partnered with aviation stakeholders to find a safe and practical path to eliminate the use of leaded aviation fuel by no later than 2030 without adversely affecting the existing piston-engine fleet.
Thank you for this opportunity to share information on some of our most important work. We look forward to continued support from the committee and subcommittee on maintaining the safest aviation system in the world during this time of rapid innovation.
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TESTIMONY
THE HONORABLE PETER BUTTIGIEG
SECRETARY OF TRANSPORTATION
BEFORE THE
APPROPRIATIONS SUBCOMMITTEE ON
TRANSPORTATION, HOUSING, AND URBAN DEVELOPMENT AND RELATED AGENCIES
UNITED STATES HOUSE OF REPRESENTATIVES
May 10, 2022
Chairman Price, Ranking Member Diaz-Balart, and members of the Subcommittee, thank you for the opportunity to discuss the President’s Fiscal Year 2023 Budget request for the Department of Transportation.
I first want to thank the Members of Congress on both sides of the aisle who delivered the Bipartisan Infrastructure Law (BIL) as well as the Fiscal Year 2022 Omnibus. Because of these historic investments, the Department is now in a much stronger position to help build the transportation future the American people need and deserve... one that is safer, more efficient, and more affordable for everyone, from families transporting kids to businesses moving goods. And we have acted urgently—and responsibly—to start delivering that.
We recently saw the dramatic collapse of a bridge in Pittsburgh, the emergency closure of the major I-40 Hernando de Soto bridge that connects Tennessee and Arkansas, and the closure or weight-limiting of so many bridges affecting communities across the country. In December, we were able to allocate the largest Federal Highway funding to states in decades, $52.5 billion, to make roads and bridges safer, more modern, and more resilient so people can get where they need to go.
Another urgent priority for us is addressing the pandemic-driven supply chain disruptions and accompanying inflation, while acting to ensure our supply chains are resilient into the future. The steps we are taking include efforts to support truck drivers, supplement inland ports, and modernize our port infrastructure – all to help move record volumes of goods more quickly and stem the rising costs of shipping. And it's showing results. The total number of container ships waiting for berths at U.S. ports has dropped by 35% since peaking in early February; employment for trucking rose in 2021 to its highest level since 1990; and grocery and drug stores have products in stock at almost the exact level as before the pandemic. We will continue to address issues wherever they arise – whether that’s longer dwell times on U.S. freight rail, or the COVID-driven stops and starts in China, which we are monitoring closely.
Across our transportation systems, there is still much more to do to achieve our goals, from lowering costs to giving people back time in their day. In Fiscal Year 2023, we are now poised to build on early progress with a President’s budget for the Department of Transportation that totals $142 billion, including $36.8 billion in advance appropriations provided by BIL in that year.
Let me give you a few highlights:
That’s just a sample of the improvements the American people will experience when they drive, fly, ride – and shop, as enhancing our transportation systems directly helps lower the transportation costs of goods and services.
We understand that the tremendous opportunity we’ve been given to help modernize our country’s infrastructure comes with a profound responsibility to use taxpayer dollars efficiently and wisely--and to make resources more accessible to state and local governments so they can build good projects.
This type of infrastructure transformation only happens at most once every generation, and it only happens if we work together. So I want to again thank you for demonstrating that democracies can deliver a better future for the people they represent--and for your work to ensure that the United States remains the global economic leader.
I look forward to taking your questions.
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National Centers (5) Total Funding Awarded per Center: 4,000,000...This spreadsheet provides onboard statistics for January, FY 2023. Demographics are particularly useful to managers in the workforce planning process. This data is also used by Congressional staffers and others who have an interest in the size and makeup of the federal workforce and by...