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Public Transportation on Indian Reservations Program; Tribal Transit Program

Publication: Federal Register
Agency: Federal Transit Administration
Byline: Nuria I. Fernandez
Date: 15 August 2023
Subject: American Government 
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55498-55500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17500]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket FTA-2023-0015]


Public Transportation on Indian Reservations Program; Tribal 
Transit Program

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice of public meeting and request for comment.

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SUMMARY: This notice seeks comments on how the Federal Transit 
Administration (FTA) Tribal Transit competitive program and technical 
assistance to Tribes is administered. This notice also introduces FTA's 
consultation process and schedule for implementation.

DATES: The official comment period for this consultation will close by 
December 13, 2023. However, FTA's partnership with Tribal leadership 
will remain ongoing. Late-filed comments will be considered to the 
extent practicable. Comments must be submitted in writing directly to 
the official docket per the instructions found in the ADDRESSES section 
of this notice. In-person consultation will be held in conjunction with 
the National Transportation in Indian Country Conference (NTICC) in 
Anchorage, Alaska, on Monday, September 25, 2023, from 1:30-3:00 p.m. 
Alaska Daylight Time (ADT). Additionally, a virtual consultation will 
be held on November 2, 2023.

ADDRESSES: Comments should be submitted by the following method, 
identifying your submission by docket number FTA-2023-0015: Federal 
eRulemaking Portal: Go to https://www.regulations.gov and follow the 
online instructions for submitting comments. The in-person consultation 
will be held at the Dena'ina Civic and Convention Center, 600 West 7th 
Avenue, Anchorage, AK 99501. The virtual consultation can be accessed 
here: https://www.transit.dot.gov/tribal-transit.

FOR FURTHER INFORMATION CONTACT: Elan Flippin-Jones, Office of Program 
Management, (202) 366-3800 or email TribalTransit@dot.gov. A TDD is 
available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Program Overview
B. Outreach and Consultation Schedule
C. Questions on Proposed Changes to the Tribal Transit Competitive 
Program
D. Tribal Transit Technical Assistance Improvements
E. Tribal Transit Formula Program

A. Program Overview

    Federal public transportation law (49 U.S.C. 5338(a)(2)(F)) and 49 
U.S.C. 5311(j)), as amended by the Infrastructure Investment and Jobs 
Act (Pub. L. 117-58, the ``Bipartisan Infrastructure Law'' or 
``BIL'')), authorizes the Public Transportation on Indian Reservations 
Program (Tribal Transit Program) for Fiscal Years (FY) 2022-2026. The 
Tribal Transit Program (TTP) is funded as a takedown from the FTA's 
Formula Grants for Rural Areas Program, 49 U.S.C. 5311. Eligible direct 
recipients are federally recognized American Indian Tribes and Alaskan 
Native Villages, groups and, communities providing public 
transportation in rural areas, as identified by the U.S. Department of 
the Interior (DOI) Bureau of Indian Affairs (BIA) at this link: https://www.bia.gov/service/tribal-leaders-directory/federally-recognized-tribes. The TTP funds are allocated for grants to eligible recipients 
for any purpose eligible under Section 5311, which includes capital, 
operating, and planning projects. BIL authorizes a total of $229 
million over five years, of which $183.2 million is for the TTP formula 
program, and $45.8 million is for the TTP competitive grant program.
    FTA is committed to ensuring that programs, policies, and 
procedures are

[[Page 55499]]

responsive to the needs and concerns of Indian Tribes. FTA's last 
official consultation with the Tribes was conducted in November 2012. 
FTA's previous consultation efforts can be found here: 2012 Request for 
Comments (77 FR 67439) and 2013 Response to Comments (78 FR 27284). 
USDOT Order 5301.1 (https://www.transportation.gov/individuals/foia/dot-order-53011-american-indiansalaska-nativestribes) explains that FTA 
will engage in formal Government-to-Government consultation with 
federally recognized Tribes before taking any action that may 
significantly or uniquely affect them. Potential policy changes under 
the Tribal Transit competitive program that FTA is considering may 
significantly affect Tribes. This FTA action also supports E.O. 13175: 
Executive Order on Consultation and Coordination with Indian Tribal 
Governments (https://www.federalregister.gov/documents/2000/11/09/00-29003/consultation-and-coordination-with-indian-tribal-governments). 
The Federal Government's commitment to implement E.O. 13175 is 
reaffirmed in the Biden Administration's January 26, 2021 Presidential 
Memo on Tribal Consultation and Strengthening Nation-to-Nation 
Relationships (https://www.federalregister.gov/documents/2000/11/09/00-29003/consultation-and-coordination-with-indian-tribal-governments) and 
the November 30, 2022 Presidential Memo on Uniform Standards for Tribal 
Consultation (https://www.whitehouse.gov/briefing-room/presidential-actions/2022/11/30/memorandum-on-uniform-standards-for-tribal-consultation/).
    Since the program has now been administered under the requirements 
of the previous consultation for approximately a decade, funding levels 
have increased, as well as the number of Tribes participating in the 
program. Additionally, certain operational considerations may have 
changed, particularly in response to the COVID-19 pandemic, supply 
chain disruptions, and increases in the cost of goods and services. 
Therefore, FTA is consulting with Tribal recipients to ensure the 
program still is being administered in a beneficial way. Specifically, 
with the authorization of BIL, the amount made available under Tribal 
Transit competitive program increased by 83 percent over previously 
authorized levels of the Fixing America's Surface Transportation (FAST) 
Act. Furthermore, in Fiscal Year (FY) 2013, approximately 110 Tribes 
received funding under the TTP formula program. That number has grown 
to 136 Tribes receiving funding under the formula program in FY 2023.
    Through this notice, FTA seeks comments on the administration of 
the Tribal Transit competitive program, as well as comments about the 
technical assistance that FTA provides to recipients of FTA Tribal 
Transit funding. Comments related to other aspects of the TTP, 
including the administration of the TTP formula program, will also be 
considered. Comments from eligible recipients of the Tribal Transit 
competitive program are highly encouraged.

B. Outreach and Consultation Schedule

1. Outreach and Meetings
    In-person consultation will be held in conjunction with the 
National Transportation in Indian Country Conference (NTICC) in 
Anchorage, Alaska on Monday, September 25, 2023, from 1:30-3 p.m. ADT.
    Additionally, a virtual consultation will be held on November 2, 
2023. Tribes that are eligible recipients of FTA's TTP are encouraged 
to attend one or both of these meetings. Comments made at these 
meetings will inform FTA's decision-making. However, to be considered 
as part of the official consultation, comments must be made in writing 
to the docket.
2. Consultation Schedule
     Inform Tribes of consultation efforts in Notice of Funding 
Opportunity (NOFO) for FY 2023 Tribal Transit Competitive Program: 
Published March 26, 2023 (88 FR 18364).
     In-Person listening session at Department of 
Transportation Tribal Transit Symposium held in Oklahoma City: May 24-
25, 2023.
     In-Person consultation meeting at NTICC: September 25, 
2023.
     Virtual outreach meeting: November 2, 2023.
     Publication of Federal Register Notice with responses and 
program changes to the TTP competitive program: 2024.

C. Questions on Proposed Changes to the Tribal Transit Competitive 
Program

    A total of $45,812,610 is authorized for FY 2022-2026 for the 
Tribal Transit competitive grant program. Funds may be awarded to 
federally-recognized Indian Tribes for any purpose under the Section 
5311 program. The outcome of this consultation may impact the 
administration of competitive funding awarded for FY 2024-2026. For FY 
2024-2026, a total of $28,123,961 is made available under the Tribal 
Transit competitive program.

----------------------------------------------------------------------------------------------------------------
                   Funding program                          FY 2024             FY 2025             FY 2026
----------------------------------------------------------------------------------------------------------------
Tribal Transit Competitive Program..................         $9,169,076          $9,358,487          $9,596,398
----------------------------------------------------------------------------------------------------------------

    Program requirements for the Tribal Transit Program can be found in 
the Section 5311 Circular (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application).
    FTA seeks comments for the Tribal Transit competitive program on 
the following questions:
    1. Should TTP competitive program funds continue to support 
capital, operating and planning projects? These types of projects are 
currently eligible under the program. Limitations on certain activities 
will leave more funding available for the other types of activities. 
For example, limiting or removing operating projects as an eligible 
project type will leave more funding available for capital and planning 
projects.
    2. Should operating assistance under the competitive program be 
limited based on the amount of TTP formula allocation received? In the 
past, FTA has limited operating assistance to applicants who receive 
less than $20,000 under the TTP formula program. This threshold 
preserves TTP competitive funds for larger capital projects. Increasing 
or removing this threshold would potentially reduce the amount of 
funding available for capital projects.
    3. Should TTP competitive program funds continue to support start-
up, expansion, and replacement capital projects? These projects are 
currently eligible under the program. Should FTA prioritize start-up 
projects in order to advance Tribal transit providers into the formula 
program? Once a Tribal transit provider begins operating service and 
providing service data to the National Transit Database, the provider 
will begin to receive Tribal Transit formula funds.

[[Page 55500]]

    4. Should FTA establish a minimum and/or maximum grant amount under 
the TTP competitive program? Currently, there is no minimum or maximum 
set for allocations under this program. However, planning grants are 
capped at $25,000. Establishing a maximum grant amount would preserve 
funds for additional projects but may prevent larger projects from 
being funded at the full request.
    5. Should FTA continue to cap planning grants at $25,000 under the 
competitive program? Should FTA retain the cap for planning grants but 
set it at a different amount? This cap preserves TTP competitive funds 
for larger capital projects.
    6. Should FTA require a local match of 10 percent of total project 
costs for both capital and operating assistance projects under the TTP 
competitive program? If so, should FTA continue to include an option 
for Tribes to submit a local match waiver request? Currently, there is 
no match required for both the competitive and formula programs. 
However, in the past, a match of 10 percent was required on competitive 
program projects, unless the Tribe applied for a hardship waiver. 
Requiring a local match would allow for more projects to be funded, but 
may discourage some Tribes from applying for funding.
    7. Should FTA retain the condition that indirect costs not exceed 
10 percent of each Tribal Transit competitive grant allocation? 
Providing a cap on the percentage of a grant that can be applied to 
indirect costs reserves more funding for capital projects, but may 
underestimate the true amount of indirect costs attributable to a 
project.
    8. Should FTA continue to provide Tribes 90 days to submit 
applications under the TTP competitive program Notice of Funding 
Opportunity? In the past, FTA has had either a 60-day or a 90-day 
deadline for application submission under the TTP competitive program.
    9. Should FTA examine or alter any other aspect of the Tribal 
Transit competitive program?

D. Tribal Transit Technical Assistance Improvements

    Through the Tribal Transit Technical Assistance Assessments 
Initiative, FTA Collaborates with Tribal Transit recipients to review 
processes and identify areas in need of improvement and then assists by 
offering solutions to address these needs--all in a supportive and 
mutually beneficial manner that results in technical assistance. These 
Assessments include discussions of compliance areas pursuant to FTA's 
Master Agreement (https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements), site visits, 
promising practices reviews, and technical assistance from FTA and its 
contractors. These Assessments also provide FTA with invaluable 
opportunities to learn more about a Tribe's perspectives and how to 
better honor the sovereignty of each Tribal Nation. To date, FTA has 
conducted 62 Assessments and will conduct 36 Assessments in FY 2023-
2024.
    In addition, FTA also offers technical assistance to Tribes through 
its National Rural Transit Assistance Program (https://www.nationalrtap.org/) and FTA Regional Offices (https://www.transit.dot.gov/about/regional-offices/regional-offices) provide 
direct Technical Assistance to Tribal recipients in their region. FTA 
seeks comments on its technical assistance efforts through the 
following question:
    1. How can FTA improve its technical assistance efforts for Tribal 
recipients?

E. Tribal Transit Formula Program

    For FY 2024-2026, the TTP formula program has been authorized at 
$112.5 million.

----------------------------------------------------------------------------------------------------------------
                   Funding program                          FY 2024             FY 2025             FY 2026
----------------------------------------------------------------------------------------------------------------
Tribal Transit Formula Program......................        $36,676,304         $37,433,948         $38,385,592
----------------------------------------------------------------------------------------------------------------

    Although no specific questions are posed, FTA also encourages 
comments and suggestions on ways to improve the TTP formula program.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2023-17500 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-57-P




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