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MAP-21 Formula Briefing

Preliminary

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Moving Ahead for Progress into the 21st Century (MAP-21)

• MAP-21 was passed by Congress and signed by the President on July 6, 2012.

• Public Law 112-141• Two year authorization: FY 2013 and FY2014

– Effective Date to Program – October 1, 2012• Current Programs continue for the rest of FY 12

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Tribal Transportation Program Overview

• Section 1119: Federal Lands and Tribal Transportation Programs

• Section 1123: Tribal High Priority Projects Program• Main Components

– IRR becomes “Tribal Transportation Program”– Consolidation of programs– New Set Aside dedicated to Tribal safety – New formula for fund distribution

• Four Year Transition– New approach to High Priority Projects Program

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TTP - Funding Formula

• Authorized level - $450,000,000• Set-Asides

– Planning – 2% (max. $9 million)• Implement planning procedures that are consistent

with the planning processes required under Sections 134 and 135.

– Bridge Priority Program – 2% ( max. $9 million)– Safety – 2% (max. $9 million)– PM&O – 6% ($27 million)

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TTP - Funding Formula

• After applying five* set-asides– 2% each for Planning, Bridge, and Safety– 6% for PM&O– Tribal Supplemental Allocation

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TTP - Funding Formula

• 27% in the ratio that the total eligible mileage in each tribe bears to the total eligible mileage of all American Indians and Alaska Natives.– Eligible mileage shall be computed based on

the following facilities in the FY12 inventory:• Roads included in the Bureau of Indian Affairs

system inventory prior to October 1, 2004• Roads owned by Indian tribal governments• Roads owned by the BIA.

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TTP - Funding Formula

• 39% in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaska Natives.– Population is computed using the most recent

data available under the Native American Housing Assistance and Self-Determination Act of 1996

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TTP - Funding Formula

• 34% – Initially divided equally among each of the 12

BIA Regions• Distributed to each Tribe within a region based on

the Tribe’s percentage of the regional total of RNDF and PAF that it received from 2005 to 2011.

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TTP – Tribal Supplemental Funding• Amount made available for the TTP:

– Less than or equal to $275 million• 30% of such amount

– More than $275 million• $82.5 million plus 12.5% of amount in excess of $275 million

– For FY13 and FY14, this equals $104,375,000

• Distribution (regional)– Initial – To each of the 12 BIA Regions based on proportion of regional

total to national total using the new statutory formula– Then - Distributed to tribes within a region that receive less in current

FY (new formula) as compared to FY11 in order to attempt to keep the Tribes at their FY11 level.

• Distribution to those tribes will be in proportion to their share of the combined amount within the region

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TTP – Tribal Supplemental Funding

– Ceiling• For tribes that are eligible under the supplemental

program, the total funds received from the Formula and Supplemental funding cannot exceed the amount that the tribe received in FY11.

– Remaining Funds• If tribal supplemental funding remains available in a

region after all of the region’s tribes are made ”whole to their FY11 funding levels”, then the excess funds will be distributed amongst all of the tribes within that region in proportion to the combined regional tribal shares received.

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Transition• 4 year transition with increments of 20%/year• FY 13

– 80% in the ratio that the amount allocated to each tribe for FY11 bears to the total amount allocated to all tribes for that fiscal year

– The remainder is tribal shares based on new formula• FY14

– 60% old and the remainder is tribal shares based on new formula

• FY15– 40% old and the remainder is tribal shares based on new formula

• FY16 and thereafter– 20% old and the remainder is tribal shares based on new formula

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MAP-21 Funding Formula

• § 202. Tribal transportation program– (b) Funds Distribution

• (3) Basis for Funding Formula– (A) Basis or Subparagraph “A”– (B) Tribal Shares or Subparagraph “B”– (C) Tribal Supplemental Funding or Subparagraph “C”

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MAP-21, Sec. 1101(a)(3)(A)• Authorized Amt: $450,000,000

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23 USC 202(a)(6)• Authorized Amt: $450,000,000• Less BIA/FHWA Admin.:

– $27,000,000 or 6%

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23 USC 202 (c)(1)• Authorized Amt: $450,000,000• Less BIA/FHWA Admin.:

– $27,000,000 or 6%

• Less Tribal Trans Planning– $9,000,000 or 2%

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23 USC 202 (d)(2)• Authorized Amt: $450,000,000• Less BIA/FHWA Admin.:

– $27,000,000 or 6%

• Less Tribal Trans Planning– $9,000,000 or 2%

• Less Bridge Program– $9,000,000 or 2%

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23 USC 202 (e)(1)• Authorized Amt: $450,000,000• Less BIA/FHWA Admin.:

– $27,000,000 or 6%

• Less Tribal Trans Planning– $9,000,000 or 2%

• Less Bridge Program– $9,000,000 or 2%

• Less Tribal Safety Program– $9,000,000 or 2%

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23 USC (b)(3)C)(i)• Authorized Amt: $450,000,000• Less BIA/FHWA Admin.:

– $27,000,000 or 6%

• Less Tribal Trans Planning– $9,000,000 or 2%

• Less Bridge Program– $9,000,000 or 2%

• Less Tribal Safety Program– $9,000,000 or 2%

• Less Tribal Supplemental Fund– $104,375,000 or 30% of $275 M plus

12.5% of amount over $275 M

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6.0%2.0% 2.0%

2.0%

23.2%

64.8%

• The amount available for the Tribal Transportation Program.

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Example: FY2013, MAP-21

NOTE: Obligation Limitation and other reductions from annual appropriations apply, TTP is not exempt. Reduction not shown here. Ob. Limit varies by FY.

Description $, MillionsAuthorized Amount per MAP-21 $450Less PM&O ($27)Less Transportation Planning ($9)Less Bridge Program ($9)Less Safety Program ($9)Less Tribal Supplemental Funding ($104.4)Authorized Amounts less Set Asides $291.6

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Example: MAP-21 Fund Formula Breakout

MAP-21 Formula Subparagraph Components Amts.Application of Subparagraph A $277Subparagraph C $104Subparagraph B $14Projected Total Available $395

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SUBPARAGRAPH A

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$0

$350

$300

$200

$100

Example: For FY2013, per 23 USC (b)(3)(A)(i)(I)(aa)

$ 27

7.4

Mill

ions

$ 69

.3

Not Used in MAP-21

80% of FY2011 Tot $

80%

• FY2011 Allocation: $346 M• The FY2011 Relative Need

Distribution Factor share plus the Population Adjustment Factor share make up the “FY2011 Allocation”.

• 80 % of $346 M:• $277.4 M

• 23 USC (b)(3)(A)(i)(I)(bb) amount is identified as the “remainder” after the available funds less set asides have been taken off then less the 80% amt identified above.

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23 USC (b)(3)(A)(i)(I)(aa) & (bb)• (i) After making the set asides authorized

under subparagraph (C) and subsections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows:

• (I) For fiscal year 2013—• (aa) for each Indian tribe, 80 percent of

the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and

• (bb) the remainder using tribal shares as described in subparagraphs (B) and (C).

$0

$350

$300

$200

$100 $277

.4$1

4.2

Mill

ion,

$

(aa)

(bb)

Authorized Amt: $291.6 M

Example: MAP-21 Formula Components

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• Subparagraph B• Subparagraph C• Subparagraph A

application: Formula based on historic allocation from FY2011 RNDF/PAF

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SUBPARAGRAPH B

Example: MAP-21 Formula Components

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• Formula basis from Subparagraph “B”

• 27% of eligible roads from facility inventory: BIA system miles prior to Oct. 1, 2004 and BIA and Tribal roads up through FY2012 final inventory

• 39% of population a tribe bears to the total population nationally

• 34% (after dividing evenly among the 12 Regions) of the ratio of allocation percentages from FY2005 through FY2011 bears to the national allocation percentage from FY2005 through FY2011.

MAP-21 Formula Subparagraph Components Amts.Application of Subparagraph A $277Subparagraph C $104Subparagraph B $14Projected Total Available $395

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SUBPARAGRAPH C

Example: MAP-21 Formula Components

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• Formula basis from Subparagraph “C”• Distributed to tribes within a region that receive less in

current FY (new formula) as compared to FY11 in order to attempt to keep the Tribes at their FY11 level.• Distribution to those tribes will be in proportion to

their share of the combined amount within the region• For tribes that are eligible under the supplemental

program, the total funds received from the Formula and Supplemental funding cannot exceed the amount that the tribe received in FY11.

• If tribal supplemental funding remains available in a region after all of the region’s tribes are made ”whole to their FY11 funding levels”, then the excess funds will be distributed amongst all of the tribes within that region in proportion to the combined regional tribal shares received

MAP-21 Formula Subparagraph Components Amts.Application of Subparagraph A $277Subparagraph C $104Subparagraph B $14Projected Total Available $395

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BACK TO SUBPARAGRAPH A

Example: MAP-21 Formula Components

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• Formula basis for application of Subparagraph “A”

• Formula based on historic allocation from FY2011 RNDF/PAF • FY2011 % shares x $277.4 M

$0

$350

$300

$200

$100 $ 27

7.4

Mill

ions

80%

MAP-21 Formula Subparagraph Components Amts.Application of Subparagraph A $277Subparagraph C $104Subparagraph B $14Projected Total Available $395

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Example: MAP-21 Fund Formula Breakout

MAP-21 Formula Subparagraph Components Amts.Application of Subparagraph A $277Subparagraph C $104Subparagraph B $14Projected Total Available $395