Federal History

	Admin View Downloadable Files Recent Publications TTAP Workshops Join ListServ Login Register Conference Recaps

Home
Publication Categories
	Bridges
	Environment
	Historic Cultural & Archeological Resources
	ITS
	Planning
	Roads
	Safety
	Tourism & Recreational Travel

Federal History

History of the Indian Reservation Road Program, Bridge Program, and FHWA Involvement

The Indian Reservation Roads (IRR) program was established on May 26, 1928, by Public Law 520 (Codified at 25 USC 318(a)). The Act authorized appropriations for survey, improvement, construction, and maintenance of Indian reservation roads not eligible for Federal-aid highway funding. The partnership with the Bureau of Indian Affairs (BIA) and Federal Highway Administration (FHWA) began in 1930 when the Secretary of Agriculture was authorized to cooperate with the State highway departments and the Department of the Interior (DOI) in the survey, construction, reconstruction, and maintenance of IRR serving Indian lands.

The Federal-aid Highway Act of 1936, Public Law 686, Section 6, required that the FHWA approve the location, type, and design of all IRR roads and bridges to be constructed using BIA funds. This requirement was also contained in Section 10(c) of the Federal-aid Highway Act of 1944, Public Law 521. The first BIA/FHWA memorandum of agreement was executed in 1946. In 1958, the laws related to highways were revised, codified, and reenacted as Title 23, Unites States Code by Public Law 85-767. The new title contained a definition of Indian reservation roads and bridges and a section on IRR.

Between 1930 and 1982, Congress appropriated funds for IRR in Department of the Interior's appropriation acts. Public Law 97-424, the Surface Transportation Assistance Act of 1982 (STAA), incorporated the IRR program into the Federal Lands Highway Program (FLHP) and provided funding from the Highway Trust Fund. It also repealed section 208 of Title 23. The law also made the IRR Program subject to the other provisions of Title 23.

Under Title 23, the FHWA was required to (1) approve plans, specifications, and estimates (PS&E) for transportation projects, (2) monitor work in progress, and (3) conduct a final inspection of the projects. Under 23 USC 117, Certification Acceptance, the State and the BIA could get a waiver from PS&E approval and project monitoring.

In 1991, Congress enacted the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law 102-240. This law made changes to the IRR program and also created a set-aside of Highway Bridge Replacement and Rehabilitation Program finds for Indian reservation bridges. The law also made changes to the oversight role of the FHWA.

Description of the IRR Program

The IRR program is authorized under the Federal Lands Highway Program, 23 USC 204. The use of IRR funds is also defined in 23 USC 204. The authorized funding level (by ISTEA) is $191 million for fiscal years 1996 and 1997. The program is jointly administered by the BIADOT and the FLHO of the Federal Highway Administration.

The purpose of the IRR program is to provide safe and adequate transportation and public road access to and within Indian reservations, Indian lands and communities for Native Americans, visitors, recreationalists, resource users and others while contributing to economic development, self-determination, and Native American employment.

As of 1994, (the IRR system consists of about 25,700 miles (41,430 kilometers) of BIA and tribal owned roads and 25,600 miles (41,270 km) of State, county and local government public roads.

From the $191 million yearly authorization, the FHWA reserves up to 3.5 percent for FHWA administration. The BIA DOT and the FLHO develop a plan for using the remaining funds, This plan includes operating expenses for the Federal Lands Highway Coordinated Technology Implementation Program (CTIP); the Local Technical Assistance Program (LTAP) centers for tribal governments; and BIA administration (NTE 6 percent, dependent on DOI appropriation). The BIA administers transportation planning studies for the reservations, bridge inspections, pays for inventory updates, training, and atlas mapping.

Using the relative needs allocation formula, the BIADOT distributes the remaining construction funds (approximately 90.5 percent) to the 12 BIA Area Offices. The formula is 20 percent population, 30 percent vehicle miles traveled (ADT x mileage), 50 percent cost-to- improve (the cost it would take to bring the road up to a given standard). This formula is being phased in over a 4-year period, 1993 through 1996. It replaces an old allocation formula which was based on 33 percent population, 33 percent land area, and 33 percent road mileage. This previous formula had been used since 1970.

The BIA Areas divide the funding for approved projects in a variety of ways. Some Areas distribute the funds using the formula on a tribal basis while others try to ensure that each tribal government gets its fair share of project funding.

The tribal governments develop and submit a priority list of projects to the BIA Area Office accompanied by the tribal government's letter of approval (resolution). The BIA Area Office gathers these project lists and develops the 5-year transportation improvement programs (TIP) for IRR and HBRRP funds. BIADOT submits these TIPs to the FLHO for approval. After FHWA approval, BIADOT forwards the approved TIPs to the Areas and the FLHO forwards copies to the appropriate States. The BIA Area Office notifies the tribal governments for which projects are programmed. The majority of IRR funds are spent improving the BIA and tribal owned roads. Through cooperative agreements with the States and counties, IRR funds are also spent on tribal prioritized projects for improving other roads on the IRR system.

The design of projects is performed by the BIA, tribal governments, other Federal agencies, consultants, or State and local governments. In fiscal year 1995, about 35 percent of the IRR construction was performed by Indian tribal governments under Public Law 93-638 contracts, approximately 40 percent is performed by Buy Indian contractors, and approximately 15 percent was performed using Indian labor under BIA force account. The remaining projects were constructed by highway contractors selected by other methods. Public Law 93-638 permits tribes to perform all or part of the functions of an Area Office. [RH1] Description of the Indian Reservation Road Maintenance Program In 1951, Congress began appropriating general funds for the maintenance of BIA owned roads in the annual Department of the Interior Appropriation Acts. Under 23 USC 204, the Department of the Interior includes maintenance appropriations in their annual budgets. As a condition for the continuance of Federal Lands Highway funds (Highway Trust Funds) for improvements and in accordance with 23 USC 116, the BIA Area Offices and Agencies are responsible for proper maintenance of BIA roads (using Department of the Interior funds) to protect the public investment and provide safe transportation for tribal members and the general public.

The BIA currently receives about $29 million per year for maintenance. The BIA estimates that $90 million per year is needed to adequately maintain BIA owned roads. The maintenance funds are allocated to BIA Areas by formula. The actual maintenance activities are performed by BIA, Indian tribal governments under Public Law 93-638 contracts, compacts, interagency cooperative agreements, or by other methods.

The BIA Area, the Agency and the FHWA Federal-aid Division offices are responsible for conducting periodic maintenance inspections.

Description of the Indian Reservation Highway Bridge Program

The Indian Reservation Highway Bridge Program was established by Congress in 1991 under the ISTEA. This program is authorized under 23 USC 144, Highway Bridge Replacement and Rehabilitation Program (HBRRP). Not less than 1 percent of the HBRRP funds allocated to a State with Indian reservation(s) is set-aside for the replacement, rehabilitation, painting, or application of calcium magnesium acetate to highway bridges serving Indian reservations. A 20% matching share is required. In fiscal year 1995, about $13.7 million was available for this program.

The HBRRP funds are transferred to the BIA for use on eligible bridge projects. To be eligible for funding, a bridge or multiple pipe culverts must (1) have an opening of 20 feet or more, (2) be on a public road which meets the definition of an Indian reservation road, (3) be deficient for reasons of condition or function, (4) be more than 10 years old and (5) be recorded in the National Bridge Inventory. Bridges with sufficiency ratings less than or equal to 80 are eligible for rehabilitation while those with a sufficiency rating of less than 50 are eligible for replacement. Also, for those bridges only eligible for rehabilitation, if the total life cycle cost for rehabilitation is greater than the cost for replacement, the bridge may be approved for replacement.

Each BIA Area Office working with Indian tribal governments, States and local governments identifies the source of the 20 percent matching funds and develops a priority list of bridge projects. State, local or IRR funds can be used as the 20 percent matching share. Matching funds cannot be Federal funds. If IRR funds are to be used then a tribal government's letter of approval (tribal resolution) is needed. The BIA Area Office gathers all of these project lists and develops the 5-year transportation improvement programs (TIP) for the HBRRP funds. These TIPs are sent to the FHWA (FLHO) for approval. The FHWA Bridge Division reviews the proposed bridge projects to determine if the bridges are eligible for funding. After the FLHO approval of the TIPs, the BIA Area Office notifies the tribal governments and others which projects are programmed. The FLHO also sends copies of the TIPs to the States.

The design of bridge projects is performed by the BIA, Indian tribal governments, other Federal agencies, consultants, or State and local governments. Bridges are designed in accordance with AASHTO or applicable State standards. The construction of most bridge projects is administered by the owner. For non-BIA owned bridges, the BIA Area Office enters into cooperative agreements with the owner. Design life for bridge rehabilitations should be a minimum of 10 years or more remaining useful life. Designs should incorporate features which require little or no bridge maintenance because of limited fiscal resources.

Actual replacement and rehabilitation of Indian reservation bridges are performed by Indian tribal governments under Public Law 93-638, BIA force account, Buy Indian contractors, and highway contractors selected by other methods.

[RH1]Question the limitation to Area Office functions.