Meeting The Needs Of Tribal Transportation Programs
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Tribal Transportation News
June 14, 2021
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Highlights in this Edition.....
- In the News
- Environmental Updates
- Funding Opportunities
- Training Opportunities
- Technology in Transportation
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Tribal Consultation (RESPECT Act) Legislation Introduced
Rep. Raúl M. Grijalva (D-Arizona), chair of the House Natural Resources Committee, introduced the Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes (RESPECT) Act, which codifies for the first time a requirement that federal agencies consult with tribal governments before taking or permitting actions that would significantly impact them.
The bill lays out standards for government-to-government consultation, mandating among other things that federal agencies shall consult with potentially impacted tribes “before undertaking any proposed Federal activity or finalizing any Federal regulatory action that may have Tribal impacts.” The bill creates the same consultation mandate “for all activities that would affect any part of any Federal land that shares a border with Indian Country,” although it does not limit consultation to those two scenarios.
The bill mandates the preparation of a Tribal Impact Statement that would “include the scope of the activity or regulatory action being considered, including any geographic areas important to Tribal Governments that might be affected, as well as a list of all affected Tribal Governments.” As part of that process, agencies would be required to make a good faith effort to identify sacred sites important to tribal governments involved in the consultation, whether or not they were previously known to the agency or agencies involved.
“For centuries the federal government has broken promises and issued take-it-or-leave-it ultimatums to tribal communities,” Grijalva said. “This bill turns the page on an era of exclusion by respecting the sovereignty of tribal governments outlined in countless treaties, court decisions and acts of Congress.”
“Tribal consultation is not a ‘dear tribal letter’ or a voicemail, it is the bedrock of the federal-Indian trust responsibility. The RESPECT Act embodies that and will bring the United States government closer than it has ever been to adhering to the values it has long espoused but so often ignored.” Gay Kingman, executive director, Great Plains Tribal Chairmen’s Association said.
(Article originally published in Native News Online on May 30, 2021)
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Resolution Approved to Designate US-412 Corridor as Interstate Highway
At the May INCOG Board of Directors meeting a resolution was presented and unanimously adopted to encourage Congress to designate the US-412 corridor from I-35 in Oklahoma to I-49 in Arkansas as a future Interstate highway at its earliest opportunity.
INCOG, local communities, area chambers of commerce, and the Oklahoma and Arkansas Departments of Transportation value transportation connectivity between geographical regions to promote economic growth and transportation safety. Out of sixty of the largest Metropolitan Statistical Areas (MSA), Tulsa remains one of the few non-coastal metropolitan regions with only one current or future interstate highway connection. MSAs, such as Tulsa, of a million or more typically have two or more interstate highways.
With Congressional reauthorization of the surface transportation program and infrastructure bills pending in Washington DC, it is timely for Congress to consider this future interstate highway designation. This would benefit economic development, connecting three key interstate freight corridors, serve two ports on the McClellan-Kerr Arkansas River Navigation System, and provide improved access to both the Tulsa and Northwest Arkansas airports.
“Our interstate system is the lifeblood of Oklahoma’s economy and provides the network for companies to bring materials into our critical industries, for businesses to locate in areas convenient for consumers, and for commuters to get to work and school safely and reliably,” U.S. Senator Jim Inhofe (R-OK) said. “Designating Route 412 as an interstate would benefit Oklahoma by attracting new businesses, improving safety, enhancing freight mobility and better connecting rural and urban communities. I was proud to introduce this bill alongside Senators John Boozman (R-AR) and Tom Cotton (R-AR) and look forward to its swift consideration.”
“This designation would have a significant economic impact for Tulsa and all of Northeast Oklahoma,” said Tulsa Mayor G.T. Bynum. “I am very grateful for Senator Inhofe’s leadership and his work to once again use infrastructure to grow Oklahoma’s economy.”
(Article taken from Insight, a publication of INCOG (Indian Nations Council of Governments)
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Revision of Migratory Bird Treaty Act Ruling
The USFWS is proposing reinstating the “incidental take” power of the Migratory Bird Treaty Act, which had been revoked last January, restoring long-standing interpretation of the law. The MBTA protects the vast majority of native bird species within North America by making it illegal to pursue, hunt, harass, capture, kill, or sell—together defined as “take”—migratory bird species within the US, regardless of intention. More information can be found here: https://wildlife.org/migratory-bird-treaty-act-rule-to-be-revoked/.
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Lesser Prairie Chicken Proposed for listing under Endangered Species Act
The USFWS is proposing the listing of 2 distinct populations of the Lesser Prairie Chicken under the Endangered Species Act. The Southern population, covering Eastern New Mexico and the Southwestern Texas Panhandle is being proposed to be listed as Endangered; while the Northern population, covering the Northern Texas Panhandle and portions of Oklahoma, Colorado, and Kansas, will be listed as Threatened with a 4(d) rule. More information can be found in this press release by the USFWS: https://www.fws.gov/news/ShowNews.cfm?ref=service-seeks-comment-on-proposal-to-list-the-lesser-prairie-chicken-&_ID=36914.
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For more information on threatened and endangered species in your region click on the map below:
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FTA Announces $10 Million Funding Opportunity for Tribal Transit Projects
FTA today announced the availability of up to $10 million in Fiscal Year 2021 competitive grant funding to support transit services for American Indian tribes and Alaska Native villages in rural areas. Application submissions to Grants.gov will open on Thursday, May 27, 2021 and the application period will close on Wednesday, August 25, 2021.
FTA’s Tribal Transit Program is authorized by Congress to support public transportation for federally recognized Indian tribes and Alaska Native villages, groups, or communities, as well as to meet the needs of older adults, people with disabilities, and youth in rural areas where there are important transit needs.
The Tribal Transit Program advances the Biden Administration’s commitment to modernize our nation’s transportation infrastructure, advance racial equity and support underserved communities.
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2021 RAISE Grant Opportunity
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Projects for RAISE funding will be evaluated based on merit criteria that include safety, environmental sustainability, quality of life, economic competitiveness, state of good repair, innovation, and partnership. Within these criteria, the Department will prioritize projects that can demonstrate improvements to racial equity, reduce impacts of climate change and create good-paying jobs.
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To help applicants navigate the application process, the U.S. DOT is offering a series of topic-specific webinars that delve into various aspects of the RAISE application process. These webinars are expected to quickly reach capacity but they will be recorded.
The full list of webinars, along with other resources for applicants including webinar recordings click on the buttons below.
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Notice of Funding Opportunity (NOFO) is due out soon
A Notice of Funding Opportunity for FY2021 TTPSF is expected soon. FHWA will establish a new funding category for "Systemic Roadway Departure Countermeasures" in FY2021. The opportunity will be published on Grants.gov and links will be provided on the FHWA TTPSF webpage.
Eligible projects for the TTP Safety Fund under the FAST Act include:
- development and update of transportation safety plans
- crash data assessment, improvement, and analysis
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infrastructure improvements and other eligible activities as listed in 23 U.S.C. 148(a)(4).
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Indian Affairs Begins Disbursement of $900 Million in American Rescue Plan
Principal Deputy Assistant Secretary – Indian Affairs Bryan Newland announced that the Bureau of Indian Affairs (BIA) has begun disbursing $900 million to federally recognized tribes under the American Rescue Plan (ARP) Act. ARP was signed by President Biden on March 11, 2021, and the funds will aid tribes as they address the COVID-19 pandemic and its damaging impacts on Indian Country.
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Project Highlight.....
We would love to highlight one of your projects! Just contact us for more information about doing that.
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NCAI Mid-Year Conference Transportation Task Force Meeting
June 21, 2021 @ 2:00 pm (Eastern Time)
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NTICC Registration Now Open
September 27 - October 1
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ACCO Summer Safety Conference
July 14th & 15th, 2021
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More News & Events ...........
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Upcoming Meetings ............
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Tribal Transportation Planning Organization (TTPO)
Quarterly Meeting
August 18
1:00-3:30 via Zoom
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OTTC Virtual Meeting
July 13
10:00am Central Time
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Tribal Transportation Program
Coordinating Committee (TTPCC)
Virtual Meeting
July 15
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Using Technology in Transportation ............
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Virtual Tours Camera – GoPro
At Cross Timbers, we have begun employing new technology to aid in our evaluation of roadway projects. We are now able to capture high-resolution video in 360° of all of our projects using a GoPro 360 camera mounted on top of a vehicle. This provides both our engineering and environmental staff an highly detailed and up-to-date view of projects, providing them more comprehensive view of all aspects of projects and reducing the cost of multiple site visits or reliance on open-source, potentially out-of-date imagery. The camera can be used for a variety of projects including planning, design, and construction. In addition to video, the camera also captures GPS data, allowing the camera’s path to be mapped.
Planning – consider an opportunity when a committee needs to decide which roads need to be improved and put on the Tribe’s Transportation Improvement Plan (TIP). The camera can be used to video several roads and then show these videos to the committee, basically giving them a virtual tour of the roads in a fraction of time it takes to travel to each location.
Design – during the design process an engineer is continually needing to compare something they see in the survey to what is on the road. By taking a virtual video of the project the engineer has that information available at all times. This eliminates the need to make multiple trips to the project site during design. With the GoPro Max 360-degree view any portion of the project can be accessed virtually.
Construction – prior to the beginning of construction a video can be taken of the project to document pre-construction conditions on the road. This video will help protect both the owner and the contractor in the event of a dispute over what happened to someone’s property during construction. At the end of construction a video can also be taken so you can show before and after views of the project.
The FHWA Office of Tribal Transportation has a similar camera that they will loan to Tribes. You can contact Adam Larsen (360-619-2601, Adam.Larsen@dot.gov) to borrow the FHWA virtual tours camera kit to create virtual tours for video logs, asset or risk management, safety studies, grant applications, and more. FHWA will process your videos and post them online for easy sharing and use. For a quick overview of how to use the camera, click here for a video of Adam Larsen’s YouTube video.
We have attached a link to an example video which covers a portion of a current project we have with the Muscogee (Creek) Nation. The video itself is just taken while driving down Old Morris Highway (just East of Okmulgee, Oklahoma); however, while watching the video you can pan around the scene using your mouse and view the project area in the full 360°. Be sure to also adjust the Quality settings on the video to see it in the high-resolution (4k) format.
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Mobile Solution for Assessment and Reporting (MSAR)
As referenced above, FHWA hosted a webinar on May 19, 2021 to discuss this technology. A presentation was recently given at the TTPCC meeting on April 27. Here are a few highlights from that presentation:
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- MSAR software will be used to streamline the data capture, approval, and reporting of damages to transportation infrastructure.
- Used by the BIA, Tribes, and consultants
- Cloud Based storage
- You don't need to have a disaster to set up MSAR. You can do pre-event setup.
- MSAR will be required effective October 1, 2021 for all FHWA Emergency Relief projects.
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- Utilizes smartphones or tablets, both IOS and Android
- Incorporates GIS / Mapping into the app
- Uploads data to a Web Portal
- Allows a variety of file attachments
- Software update was to happen on April 30
- Allows for input of historical data
- MSAR Fact Sheet
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Email for additional information:
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Lorell Duteil, ERFO Coordinator, FHWA Central Federal Lands
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Steve Hinz, ERFO Coordinator, FHWA Western Federal Lands
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Click on the event name below for a link to more details
July 15 TTPCC Virtual Meeting
August 18 TTPO Quarterly Meeting
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PO Box 567
Guthrie, OK 73044
405-969-2862
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Cross Timbers staff pictured (from left to right): Tom Edwards, Carla Edwards, Chuck Tsoodle, Pamela Jurney, David Monnie, Rachael Cooper, John Edwards. (Not pictured, Randal Oberlag)
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