[Senate Hearing 114-41]
[From the U.S. Government Publishing Office]
S. Hrg. 114-41
TRIBAL TRANSPORTATION: PATHWAYS TO SAFER ROADS IN INDIAN COUNTRY
=======================================================================
HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
APRIL 22, 2015
__________
Printed for the use of the Committee on Indian Affairs
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COMMITTEE ON INDIAN AFFAIRS
JOHN BARRASSO, Wyoming, Chairman
JON TESTER, Montana, Vice Chairman
JOHN McCAIN, Arizona MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska TOM UDALL, New Mexico
JOHN HOEVEN, North Dakota AL FRANKEN, Minnesota
JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii
STEVE DAINES, Montana HEIDI HEITKAMP, North Dakota
MIKE CRAPO, Idaho
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Anthony Walters, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on April 22, 2015................................... 1
Statement of Senator Barrasso.................................... 1
Statement of Senator Daines...................................... 35
Statement of Senator Franken..................................... 4
Statement of Senator Tester...................................... 2
Witnesses
Black, Michael S., Director, Bureau of Indian Affairs, U.S.
Department of the Interior..................................... 4
Prepared statement........................................... 5
Chavarria, Hon. J. Michael, Governor, Santa Clara Pueblo, New
Mexico......................................................... 8
Prepared statement........................................... 10
Kirn, Hon. Rick, Tribal Executive Board Member, Fort Peck
Assiniboine and Sioux Tribes................................... 14
Prepared statement........................................... 16
McOmie, Delbert, Chief Engineer, Wyoming Department of
Transportation................................................. 19
Prepared statement........................................... 20
Smith, John, Director of Transportation, Northern Arapaho and
Eastern Shoshone Tribes, Wind River Indian Reservation......... 23
Prepared statement........................................... 24
Appendix
Archambault II, Hon. Dave, Chairman, Standing Rock Sioux Tribe,
prepared statement............................................. 41
Chickaloon Village Traditional Council, resolution............... 46
Self-Governance Tribes, prepared statement....................... 44
Vallo, Sr., Hon. Fred S., Governor, Pueblo of Acoma, prepared
statement...................................................... 42
TRIBAL TRANSPORTATION: PATHWAYS TO SAFER ROADS IN INDIAN COUNTRY
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WEDNESDAY, APRIL 22, 2015
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:39 p.m. in room
628, Dirksen Senate Office Building, Hon. John Barrasso,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM WYOMING
The Chairman. Next we will go to the oversight hearing. We
are in order for that, too. I call this hearing to order.
I appreciate the attendance. We are in the middle of six
roll call votes, but a number of folks have traveled great
distances to be here and we want to make sure that everyone has
their voices heard in this important hearing. Moving forward,
some of us will be moving in and out of the Committee during
the discussions, so that we can vote and not have to disrupt
the activity here.
Before we get started, I want to welcome John Smith from
the Wind River Reservation in Wyoming, who is better known to
all of us in Wyoming as Big John. And to Del McOmie, from the
Wyoming Department of Transportation. Both of these men will be
testifying today. Together they have worked hard to improve
road safety on the Wind River Reservation.
In fact, Big John's work was recognized by the President in
May of 2014, when he was named a Champion of Change. The White
House stated that John ``has succeeded in improving the
reservation's transportation infrastructure, highways and
bridges, has led the effort to dramatically cut alcohol-
involved crashes and fatalities on the Wind River Reservation.
He has worked with tribal leaders to toughen tribal laws to
enhance seat belt compliance and has led the effort to use
positive messaging to educate drivers of all ages about the
dangers of drinking and driving.'' So thank you, Mr. Smith, for
being with us today.
Big John is accompanied by his Deputy Director, Howard
Brown, also from the Wind River Indian Reservation.
As these men so well know, there are many roads and bridges
on Indian Reservations in desperate need of improvement. In
some places, heavy rain or snow can wash out a bridge or road,
cutting off access to schools, jobs and essential services.
There are many reservation roads which are quite hazardous to
traverse. According to the Bureau of Indian Affairs, only 17
percent of the roads are considered to be in acceptable
condition. The remainder is considered to be in poor and
unacceptable condition.
According to the National Congress of American Indians,
these roads ``are among the most under-developed and unsafe
road networks in the Nation, even though they are the primary
means of access throughout these communities.'' The Centers for
Disease Control lists motor vehicle crashes as the leading
cause of death for Native American children. Indian infants
under the age of one year old are eight times more likely to
die in a vehicle-related crash than other children.
The Wind River Reservation in my State is no exception.
Despite significant improvements achieved by the two tribes,
The Eastern Shoshone and The Northern Arapaho and the State of
Wyoming, more work needs to be done. According to the Wyoming
Technology Transfer Center, the Wind River Reservation still
has the highest percentage of critical crashes when compared to
the State and local roads. The Wind River Reservation leads the
State in motor vehicle crashes for people ages 24 to 34.
Last year, the two tribes, along with the State, did
complete construction on what is commonly called the 17 Mile
Road. It was an extremely dangerous road. Crashes and deaths
occurred on that road all too often. But thanks to the diligent
efforts of the tribes and the State, those who are here with us
today, the 17 Mile Road is now much safer.
So we will hear from our witnesses today how successful
planning and join efforts, such as what occurred in Wyoming,
can save lives and improve whole communities.
At this time, I would like to ask the Vice Chairman if he
has any comments.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. I do, and thank you, Mr. Chairman. Thank
you for holding this hearing on Pathways to Safer Roads in
Indian Country. It is an issue that is critical to Indian
Country. It touches my home State of Montana in a big, big way.
The fact that we need safe roads in Indian Country is no
exception.
Coming from a State as large as Montana, we know a thing or
two about windshield time. We also know how important these
roads are to connect commerce, education, health, and the
industry of our State. Safe and adequate roads and highways are
critical to public safety, health and education.
Yet throughout Indian Country, we see the maintenance and
upkeep of these important highways often neglected or woefully
underfunded. On some Indian reservations, children spend over
two hours a day traveling to and from school on roads that are
not adequate. And this is when there is actually transportation
that is available.
Far too often, we hear about pedestrians being struck while
walking along reservation roads, which lack safe walkways, and
are some of the most remote and deficient roads in this
Country. The dire conditions of these roads also lead to
delayed response times for law enforcement, for medical
professionals. According to the Federal Highway Administration,
American Indians have the highest rates of pedestrian injury
per capita, and this is deaths per capita, of any racial or
ethnic group in the United States. Motor vehicle crashes are
the leading cause of death for American Indians and Alaska
Natives age 1 to 44. And on average, they are responsible for
killing two American Indians or Native Alaskans every day.
The data shows it is only getting worse. Over the past 25
years, almost 6,000 fatal motor vehicle crashes occurred on
Indian reservation roads, and over 7,000 lives were lost in
these preventable tragedies. While the number of fatal crashes
in the United States declined 2.2 percent during this time
period, the number of fatal motor crashes per year in Indian
Country raised 52.5 percent. These statistics are extremely
troubling.
To begin to reverse this trend, we need to start by passing
a long-term Highway Bill. The tribes need funding that is
predictable, that a long-term Highway Bill would provide, and
would also give them opportunity to implement adequate safety
plans.
In addition, we need to make sure the tribal transportation
programs are adequately funded. This means authorizing current
funding levels plus inflation at the very least.
So as we work toward reauthorizing the Highway Bill, MAP-
21, which expires next month, we have the opportunity to not
only address the safety challenges existing in Indian Country
but also make critical investments to Indian tribal
infrastructure. These investments can expand economic
development opportunities and are crucial to improving the
quality of life on tribal lands. Importantly, these investments
are in line with the Federal Government's treaty and trust
responsibility to American Indians.
I look forward to working with the members of this
Committee as well as you, Mr. Chairman. I know you will have a
say in MAP-21 in your position on EPW.
But before we move to the witnesses, I want to recognize a
couple of folks. First, I want to welcome Mr. Rick Kirn, who
serves on the Tribal Executive Board at the Fort Peck
Assiniboine and Sioux Tribes in Montana. I want to thank you
for making the trek out to Washington, D.C., Rick. I look
forward to hearing from you and all the witnesses today.
And I would be remiss if I didn't point out that there was
one Chris Lambert in the crowd. Chris used to work for the
Honorable Max Baucus from the great State of Montana, and we
appreciate him working for Indian Country at this point in time
in his career.
The Chairman. Thank you very much, Senator Tester. As you
said, Congress is currently considering reauthorization of the
Transportation Bill. As we debate this measure, we need solid
recommendations that build upon tribal successes and provide a
path for safer roads.
So I am delighted to have all the witnesses here, but
before turning to them, I would like to ask Senator Franken if
he would like to make any comments.
STATEMENT OF HON. AL FRANKEN,
U.S. SENATOR FROM MINNESOTA
Senator Franken. I would love to go to the testimony. I
will say a little something at the beginning of my questioning.
The Chairman. Great. With that, we will start with Mr.
Michael Black, Director of the Bureau of Indian Affairs, United
States Department of Interior, Washington, D.C.
STATEMENT OF MICHAEL S. BLACK, DIRECTOR, BUREAU OF INDIAN
AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
Mr. Black. Good afternoon, Chairman Barrasso, Vice Chairman
Tester, Senator Franken. Thank you for inviting the Department
of Interior the opportunity to provide testimony at this
oversight hearing on the topic of Tribal Transportation:
Pathways to Safer Roads in Indian Country.
The Department and BIA remain committed to improving and
adequately maintaining transportation systems to provide
increased public safety and economic development opportunities
in Indian communities. The Surface Transportation Assistance
Act of 1982 established the Indian Reservation Roads Program,
funded with the highway account of the Highway Trust Fund.
Since the establishment of the IRR program and its successor as
part of MAP-21, which is now called the Tribal Transportation,
or TTP program, the total Federal counts for construction and
authorization for tribal transportation has exceeded $8.5
billion. These investments have contributed greatly to the
improvement of unsafe roads and replacement or rehabilitation
of deficient bridges on or near reservations throughout Indian
Country.
Today the National Tribal Transportation Facility Inventory
consists of over 160,000 miles of public roads with multiple
owners, including Indian tribes, the BIA, States, counties, as
well as other Federal agencies. There remains a great and
continuing need to improve the transportation systems
throughout Indian Country.
The BIA Road Maintenance Program, funded through DOI
appropriations, has traditionally been responsible for
maintaining only roads owned by the BIA. Today, of the 148,000
miles of existing roads in the inventory, the BIA has
responsibility for approximately 29,500 miles of roads
designated as BIA system roads.
The BIA receives approximately $25 million annually for the
administration of the road maintenance program for those roads.
The fiscal year 2014 deferred maintenance for BIA roads was
estimated at $290 million. The Administration's fiscal year
2016 budget reflects the President's continued commitment to
addressing the transportation needs of Indian and Alaska Native
communities. This budget recognizes that supporting safe and
reliable transportation on public roads, access to and within
Indian Country, contributes to stronger tribal economies,
communities and families.
Highlights of the 2016 budget request for the Tribal
Transportation Program include: program funding is increased
from $450 million to $507 million. The increased amount is
targeted toward new and/or increased setasides. The tribal high
priority projects program is integrated back into the core
program as a 7 percent setaside. MAP-21 had authorized this as
a separate program funded from the general fund.
Increased the tribal planning setaside from 2 percent to 3
percent to address additional data collection requirements.
Increased the tribal bridge setaside from 2 percent to 4
percent to address the growing backlog of tribal bridge needs.
The program structure and funding formula under MAP-21 are
retained.
The 2016 budget also includes $150 million for
rehabilitation, construction or reconstruction of large
nationally significant transportation infrastructure within or
providing access to Federal or tribal lands. The Department is
currently working with Congress on the transportation
reauthorization legislation known as the Grow America Act. As
Congress moves forward with transportation reauthorization, the
Department continues to note the most significant impact to TTP
under the current MAP-21 is implementation of the new formula
established under MAP-21.
MAP-21's annual allocation for the TTP is equal to the
amount for the last year of SAFETEA-LU. However, one
significant difference is that the current formula makes more
TTP funding available for distribution to tribal shares. This
has allowed more funding to be directed toward tribal
priorities.
Although more funding is allocated to tribes for their
priorities, certain programs have decreased shares under MAP-
21. The Bridge program has decreased significantly from a
separate program of $14 million a year to a setaside program of
less than $9 million a year. However, the bridge setaside
proposed in the 2016 budget would address this concern by
providing approximately $20 million to address critical bridge
needs in Indian Country.
The number of BIA bridges which were deficient or
functionally obsolete and are eligible for replacement or
rehabilitation is approximately 178 out of 930 total bridges,
or 19.1 percent of the total. The estimate cost of replacing or
rehabilitating these bridges is $53.2 million.
In addition, the requirement to perform safety inspections
on all 930 tribally-owned bridges has not been adequately
funded. The estimated cost for inspecting the tribally-owned
bridges along with the BIA bridges is $3 million every other
year, or approximately $1.5 million per year.
The Bureau of Indian Affairs and the Department are
committed to working with this Committee and others in Congress
to address the transportation needs in Indian Country through
our support for the tribal transportation program, road
maintenance program and other Title 23 U.S.C. funding provided
for transportation in Indian Country.
Thank you for the opportunity to present testimony on an
issue that is an important part of the employment, economic
infrastructure and road safety for tribes. I will be happy to
answer any questions you may have.
[The prepared testimony of Mr. Black follows:]
Prepared Statement of Michael S. Black, Director, Bureau of Indian
Affairs, U.S. Department of the Interior
Good afternoon Chairman Barrasso, Vice Chairman Tester, and members
of the Committee. Thank you for inviting the Department of the Interior
(Department) to provide testimony at this oversight hearing on the
topic of ``Tribal Transportation: Pathways to Safer Roads in Indian
Country.'' My name is Mike Black, and I am the Director of the Bureau
of Indian Affairs (BIA) at the Department.
The Department and the BIA remain committed to improving and
adequately maintaining transportation systems to provide increased
public safety and economic development opportunities in Indian
communities. Safe roads are important when transporting people in rural
areas to and from schools, to local hospitals, and for delivering
emergency services. In addition, transportation networks in American
Indian and Alaska Native communities are critical for economic
development in such communities because these transportation networks
provide access to other economic markets. I appreciate this opportunity
to share with the Committee some of our accomplishments and also our
concerns for tribal transportation as we implement MAP-21 and look to
reauthorization of this important law.
Overview
The BIA and the Federal Highway Administration within the
Department of Transportation (FHWA) have been involved in the repair,
construction and reconstruction of roads on Indian Reservations since
the 1920s. From 1950 until 1983, Congress appropriated annual
construction and maintenance funds to the BIA to maintain, repair and
construct roads on Indian Reservations through the Department of the
Interior. During this time, approximately $1.2 billion was provided for
both construction and maintenance of reservation roads.
Tribal Transportation Program
The Surface Transportation Assistance Act of 1982 established the
Indian Reservation Roads (IRR) Program funded within the Highway
Account of the Highway Trust Fund (HTF). Since the establishment of the
IRR Program and its successor as part of MAP-21, which is now called
the Tribal Transportation Program (TTP), the total Federal construction
authorization for Tribal Transportation has exceeded $8.5 billion. The
TTP is jointly administered by the BIA and the FHWA. These investments
have contributed greatly to the improvement of unsafe roads and the
replacement or rehabilitation of deficient bridges on or near
reservations throughout Indian Country.
Today, the National Tribal Transportation Facility Inventory
(NTTFI) consists of over 160,000 miles of public roads with multiple
owners, including Indian tribes, the BIA, states, and counties, as well
as other Federal agencies. Of this amount, approximately 12,300 miles
are planned or proposed roads of varying surface types and uses. There
remains a great and continuing need to improve the transportation
systems throughout Indian Country. We believe Congress has viewed this
as a joint responsibility including not only Federal agencies, but
state and local governments with transportation investments in or near
American Indian and Alaska Native communities, as well. Coordination
among all of these stakeholders is required in order to maximize
available resources to address transportation needs. Tribes are
continuing to invest in transportation projects that are the
responsibility of other public authorities. This creates jobs and
contributes to the economy of local businesses that provide services
and materials. Strengthening existing partnerships will continue to
support the local economy and bring improved infrastructure to
communities on or near Indian reservations and lands. In March 2014, we
reported that, tribes have planned transportation projects estimated to
lead to approximately $270 million worth of investment in non-BIA and
non-Tribal roads and bridges over the next 3 years. An investment in
tribal transportation is truly an investment in the local economy and
safer roads and bridges.
BIA Road Maintenance
In partnership with the Department of Transportation, the BIA
currently implements both the TTP program, funded within the Highway
Account of the HTF, and the BIA Road Maintenance Program, funded by the
Department of the Interior. The BIA Road Maintenance Program has
traditionally been responsible for maintaining only roads owned by the
BIA. Today, of the 148,000 miles of existing roads in the NTTFI, the
BIA has responsibility for approximately 29,500 miles of roads
designated as BIA system roads. The BIA receives approximately $25
million in Tribal Priority Allocation (TPA) funding annually for the
administration of the road maintenance program for those roads.
BIA supports self-determination and the empowerment of tribes by
contracting out a significant portion of the program with tribes.
Approximately 74 percent of tribes with BIA system roads within their
reservation boundaries currently carry out the BIA Road Maintenance
Program through P.L. 93-638 self-determination contracts or agreements
in lieu of federal employees. Approximately 20,300 miles (70 percent)
of the BIA system roads are not paved and are, thus, considered
``inadequate'' from the perspective of the level of service index used
to assess roads and bridges in the BIA road system. The FY 2014
deferred maintenance for BIA roads was estimated at $290 million.
FY 2016 Budget Request for Tribal Transportation
The Administration's FY16 budget reflects the President's continued
commitment to addressing the transportation needs of Indians and Native
Americans. This budget recognizes that supporting safe and reliable
transportation and public road access to and within Indian Country
contributes to stronger tribal economies, communities and families.
Highlights of the FY 2016 budget for the Tribal Transportation Program
include:
Program funding is increased from $450M to $507M. The
increased amount is targeted toward new and/or increased set-
asides.
The Tribal High Priority Projects Program is integrated back
into the core program as a 7 percent set-aside. MAP-21 had
authorized this as a separate program funded from the General
Fund.
Increased the tribal planning set-aside from 2 percent to 3
percent to address additional data collection requirements.
Increased the tribal bridge set-aside from 2 percent to 4
percent to address the growing backlog of tribal bridge needs.
The program structure and funding formula under MAP-21 are
retained. The FY 2016 budget also includes $150 million for
rehabilitation, construction, or reconstruction of large, nationally-
significant transportation infrastructure within or providing access to
Federal or Tribal lands.
Reauthorization of MAP-21
In March 2014, before this Committee over a year ago, we discussed
the need for jobs, infrastructure and safety of roads in Indian
communities, and we noted our support for the reauthorization of MAP-
21. The Department is now working with Congress on the transportation
reauthorization legislation, now known as the GROW AMERICA Act. As
Congress moves forward with transportation reauthorization, the
Department continues to note the most significant impact to the TTP
under the current MAP-21 is the implementation of the new formula
established under MAP-21. MAP-21's annual allocation for the TTP is
equal to the amount for the last year of SAFETEA-LU. However, one
significant difference is that the current MAP-21 formula makes more
TTP funding available for distribution to tribal shares. The formula
share of IRR program funds in FY 2011 and 2012 were, respectively,
$336.7 million and $322.3 million. The formula share of TTP funds in FY
2013 and FY 2014 were, respectively, $387.6 million and $384.3 million.
This has allowed more funding to be directed to tribal priorities. The
new formula also allows for a consistent estimate of allocations in
advance for future projects and timely allocation to tribes because a
major portion of the data is known prior to beginning of the fiscal
year.
Although more funding is allocated to tribes for their priorities,
certain programs have decreased shares under MAP-21. The bridge program
is decreased significantly from a separate program of $14 million per
year to a set-aside program from within the total amount of less than
$9 million per year. However, the bridge set-aside proposed in the FY
2016 budget would address this concern by providing approximately $20
million to address critical bridge needs in Indian Country.
In addition, the requirement of the Secretaries of Transportation
and Interior to perform safety inspections on all 930 tribally-owned
bridges has not been adequately funded. The number of bridges which are
deficient or functionally obsolete and are eligible for replacement or
rehabilitation for BIA bridges alone in the 2013 National Bridge
Inventory is approximately 178 of 930 (or 19.1 percent of the total).
The estimated cost of replacing and rehabilitating these bridges is
$53.2 million. The estimated cost of inspecting the tribally-owned
bridges along with the BIA is $3.0 million every other year.
Update of 25 CFR 170
The notice of proposed rulemaking (NPRM) for the update of Title 25
Code of Federal Regulations Part 170, Tribal Transportation Program,
was published on December 19, 2014. In January and February of 2015, 6
consultation meetings were held with tribes on these revised
regulations. The closing dates for comments for the NPRM, was March 20,
2015. Over 450 comments were received from interested tribes and the
public. The BIA and FHWA are currently reviewing the comments that will
lead to a Fall publication of the final rule.
This proposed rule would update the Tribal Transportation Program
regulations to comply with the current surface transportation
authorization, MAP-21 (as extended), reflect changes in the delivery
options for the program that have occurred since the regulation was
published in 2004, remove certain sections that were provided for
informational purposes only, and make technical corrections.
Conclusion
The Bureau of Indian Affairs and the Department are committed to
working with this Committee and others in Congress to address the
transportation needs in Indian Country through our support for the
Tribal Transportation Program, the Road Maintenance Program, and other
Title 23 USC funding provided for transportation in Indian Country.
Thank you for the opportunity to present testimony on an issue that
is an important part of the employment, economic infrastructure and
roads safety for tribes. I will be happy to answer any questions you
may have.
The Chairman. Mike, thank you for your testimony. Thank you
for being here today.
Next we have the Honorable J. Michael Chavarria.
STATEMENT OF HON. J. MICHAEL CHAVARRIA, GOVERNOR, SANTA CLARA
PUEBLO, NEW MEXICO
Mr. Chavarria. Good afternoon and thank you, Chairman
Barrasso, Vice Chairman Tester, members of the Committee, for
this opportunity to testify before you regarding Tribal
Transportation: Pathways to Safer Roads in Indian Country.
My name is J. Michael Chavarria. I serve as Governor for
Santa Clara Pueblo in New Mexico. I also serve as Chairman of
the Eight Northern Indian Pueblos Council, and I am a member of
the All Pueblo Council of Governors in New Mexico.
Santa Clara Pueblo has roughly 181 miles of road, of which
80 percent of that is BIA. It consists mostly of unpaved dirt
roads, 14 percent State, 2 percent urban and 3 percent county.
Santa Clara Pueblo experienced a loss of 50 miles of roads in
the past couple of years, stemming from the 2011 Las Conchas
fire and post-fire impacts from flooding, which was an enormous
loss to the Pueblo's tribal transportation infrastructure.
Notably, the main road, State Road 30, is one of the two
access roads to Los Alamos National Laboratory, our neighbor
immediately to the south. This road, which has national
security importance, passes through the heart of our
reservation. With a traffic count of 14,000 vehicles a day
volume on State Road 30 is a driving force behind Santa Clara's
roads and safety plans. As our Pueblo grows, with a new housing
development on the south side of the road, in addition to a new
fire station, an increasing number of Santa Clara people must
cross the road or attempt to merge into that road. During peak
traffic flows, it is extremely difficult for vehicles to safely
enter the traffic stream from the intersecting streets. Drivers
often do not obey signage, such as speed limits, and
pedestrians cannot even pass safely at the crosswalk. There are
no sidewalks or traffic lights on State Road 30.
Our transportation plans include construction of a frontage
road and protected crossings, but our attempts to engage the
State of New Mexico to improve the safety of these roads have
fallen on deaf ears. Our frustrations about working with the
State are not unusual within Indian Country, as I have heard
from many other tribes about their States paying less attention
to the State roads serving Native American communities.
Notably, one of the agreements granted by the BIA to States or
other jurisdictions for roads over Indian lands requires that
the facilities on them remain maintained and often contain
language granting the BIA to revoke the right of way if
maintenance is not adequate.
Congress could improve oversight and maintenance and safety
of roads serving Indian communities by creating a process
whereby tribes themselves could initiate a review to determine
if action to induce proper maintenance is required. There are
many other things that can be done at the Congressional level
to support greater public safety on Indian Country roads,
including authorizing tribes to directly receive DOT funds,
rather than having those funds pass through the State. Support
legislation that would create a DOT, a tribal self-governance
program, like at the BIA and IHS levels. This simplifies grant
initiating requirements and significantly streamline tribal
efforts to obtain and administer tribal funds or transportation
funds. Establish a 2 percent tribal setaside in MAP-21 for the
Highway Safety Improvement Program. And for the TIGER program,
to enable tribes to better compete in these comparative grant
programs.
This change is cost-neutral, but would open up an important
stream of funding for tribal safety. Section 1317 of MAP-21
contains a categorical exclusion from environmental review for
any transportation project receiving less than $5 million in
Federal funds. The BIA has asserted that this provision only
applies to the Department of Transportation, which we think is
both an unfair reading of Section 1317 and a willful disregard
of Congressional intent. It should apply to BIA as well.
Move the tribal bridge program back into the Highway Trust
Fund, as it was under SAFETEA-LU, rather than a tribal
transportation program. This would ensure better funding.
Ensure that tribal governments are eligible to apply for all
grant programs under the DOT, under the same criteria as other
governments. Streamline the process for applying for emergency
relief for federally-owned roads. Funding for roads repair when
disaster occurs by allowing tribes to go directly to the
Federal Highway Administration, such as the Stafford Act
Amendments, to allow tribes to seek direct disaster funding
from the President of the United States.
Again, I would like to thank you, on behalf of the Pueblo
of Santa Clara, for allowing me this opportunity to testify
before this Committee. I have also submitted a written
testimony for the record. Again, Mr. Chairman, Mr. Vice
Chairman and the rest of the Committee, [phrase in native
tongue.]
[The prepared statement of Mr. Chavarria follows:]
Prepared Statement of Hon. J. Michael Chavarria, Governor, Santa Clara
Pueblo, New Mexico
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Tester. [Presiding] Thank you, Governor.
Next we have from the Fort Peck Assiniboine and Sioux
Tribe, Rick Kirn. Rick?
STATEMENT OF HON. RICK KIRN, TRIBAL EXECUTIVE BOARD MEMBER,
FORT PECK ASSINIBOINE AND SIOUX TRIBES
Mr. Kirn. Thank you, Vice Chairman Tester. I would like to
thank the Committee members who are not here right now. Thank
you for inviting the Assiniboine and Sioux Tribes to present
testimony concerning Tribal Transportation: Pathways to Safer
Roads in Indian Country.
My name is Rick Kirn, and I serve as a member of the Fort
Peck Tribal Executive Board.
Today's hearing sheds light on the conditions of roads in
Indian Country. Transportation infrastructure in Indian Country
is unsafe, especially on large, rural reservations like the
Fort Peck Reservation. We have hundreds of miles of roads, few
first responders and limited trauma centers in the event of a
serious motor vehicle crash. These factors contribute to the
fact that motor vehicle crashes are a leading cause of injury
and death among Native Americans.
If I had to identify the biggest problem facing the Fort
Peck Tribe regarding road safety, it would be lack of
resources, funding for needed road safety improvements and
funding for education. Education is critical if we are to raise
the next generation of drivers to always buckle up, to properly
secure children in child safety seats and not drink and drive.
We are doing our share by establishing and implementing a
safety management plan working with the Montana Department of
Transportation to implement a Safe On All Roads, SOAR, program,
and make road improvements to save lives.
We live in a 2.1 million acre reservation in northeastern
Montana, just north and west of the Bakken and Three Forks
formations. We saw increased truck traffic across Highway 2 and
our BIA-owned and tribally-owned roads. These heavy trucks
damaged the road beds, and they are in need of repair and
construction. We lack the resources to undertake routine road
maintenance on our roads. Poor maintenance shortens the useful
life of all roads on our reservation, regardless of which
jurisdiction owns them
Poor roads and behavioral issues contribute to the deadly
statistics that this Committee and every member of Congress
should be alarmed by. According to the Centers for Disease
Control, two Native Americans are killed every day in motor
vehicle crashes. Native American infants have the highest
mortality rate. The States with the highest fatality figures
are Wyoming, Montana, the Dakotas and Arizona.
This Committee understands the importance of infrastructure
in Indian Country. That is why this Committee has championed
the reauthorization of NAHASDA and promoted irrigation projects
and the completion of rural water systems. This Committee
understands the importance of infrastructure as the foundation
for economic development and healthier communities.
Transportation infrastructure is also a prerequisite for
investment, and it is at its heart a job-creating catalyst for
our community, which suffers from high unemployment and
poverty.
That is why the Fort Peck Tribes endorse the Tribal
Transportation Unity Act Amendments to MAP-21 and ask this
Committee to champion these tribal amendments in the next long-
term Highway Bill. When Congress finds a bipartisan, bicameral
solution to shore up the Highway Trust Fund, we ask that it
also address tribal transportation needs in the next Highway
Bill. Congress can improve road safety in Indian Country in the
next six-year reauthorization bill by establishing parity
between Indian tribes and the States.
Our infrastructure is in poor and fair shape. Congress can
improve road safety in Indian Country through the following
measures, some of which are no-cost amendments to current law.
First, make Indian tribes directly eligible for every USDOT
discretionary and competitive grant. Second, establish a 2
percent setaside for tribes in the Highway Safety Improvement
Program. Third, increase the national highway traffic safety
program setaside from 2 percent to 3.5 percent.
Finally, create a 3 percent setaside for tribes in the
Transportation Alternative Program. This program has benefited
the Fort Peck Tribes by funding pedestrian and bicycle paths
that separate pedestrians from roads, projects it could not
otherwise afford. The Transportation Alternatives Program saves
lives in Indian Country and promotes walking and biking for
healthier communities.
Thank you for the opportunity to present this testimony on
behalf of the Fort Peck Tribes.
[The prepared statement of Mr. Kirn follows:]
Prepared Statement of Hon. Rick Kirn, Tribal Executive Board Member,
Fort Peck Assiniboine and Sioux Tribes
I. Indian Country Roads Are Not Safe Roads
Chairman Barrasso, Vice Chairman Tester and members of the
Committee, thank you for affording the Assiniboine and Sioux Tribes of
the Fort Peck Reservation the opportunity to present testimony
concerning ``Tribal Transportation: Pathways to Safer Roads in Indian
Country.'' My name is Rick Kirn and I serve as a member of the Fort
Peck Tribal Executive Board. Chairman A.T. Stafne and my fellow Tribal
Executive Board members send their warm regards.
Roads in Indian country are inherently unsafe. According to the
Centers for Disease Control and Prevention (CDC), motor vehicle crashes
are the leading cause of unintentional injury and death for American
Indians/Alaska Natives ages 1-44. Among infants less than one year of
age, American Indians/Alaska Natives have eight times the rate of
motor-vehicle traffic deaths than that of non-hispanic whites. Among
our teenage youth, motor vehicle crashes are the leading cause of
death. We must do better.
According to the National Highway Traffic Safety Administration
(NHTSA), in 2012, there were 33,000 roadway fatalities in the United
States. Rural areas accounted for 54 percent of the fatalities although
only 19 percent of the U.S. population lived in rural areas. Indian
country is fairing even worse.
According to the CDC, two Native Americans are killed every day in
motor vehicle crashes. From 2004-2010, the five states with the highest
motor vehicle-related death rate among Native Americans were Wyoming,
South Dakota, Montana, North Dakota and Arizona. The death rate in
these states ranged from three to five times above the national
average.
According to MDT, Native Americans make up roughly 6 percent of
Montana's one million citizens, yet in 2009 Native Americans accounted
for 15.4 percent of the State's fatalities. From 2000 to 2009, Native
Americans comprised from 11.8 to 20.1 percent of the State's motor
vehicle fatalities. MDT further found that nearly two-thirds of these
fatalities were alcohol-related. From 2005-2010, safety belt use for
Indian occupant fatalities was less than 10 percent. Additional
resources for safety improvements and education can reduce these
statistics.
We have roughly 1,500 miles of roads on the Fort Peck Reservation,
of which 375 miles are BIA system and Tribally-owned roads. Of our 211
miles of BIA-owned roads, over half are gravel and dirt routes. Thus,
the majority of our transportation infrastructure is outdated and in
need of upgrade (paving) while the rest of the infrastructure is owned
and maintained by the State and county governments which often do not
maintain and reconstruct their roads on the Reservation with the same
diligence as they do elsewhere in the State. When overstressed and
under-maintained, our infrastructure gives way, creating safety hazards
for our members, residents and visitors.
The Fort Peck Reservation lies within the western part of the
Williston Basin, which includes many oil producing formations,
including the Bakken and Three Forks. Fracking has brought about
unprecedented oil development in the Bakken and Three Forks immediately
adjacent to our Reservation in western North Dakota and eastern
Montana. Rail, truck and motor vehicle traffic increased dramatically
across the Reservation as oil, frac sand and pipe, together with people
move in and out of the Bakken.
While oil prices have slumped and oil exploration has slowed
somewhat, as the closest neighbor to this development, our substandard
infrastructure--particularly our roads-have come under significant
stress, without any accompanying income from this development or
increased appropriations from Congress to maintain roads in a good
state of repair.
Well designed and well maintained roads should be the norm, but
this is not so in Indian country. Throughout Indian country and on our
reservation, transportation barriers continue to exist. These barriers
separate native communities from the rest of society, from jobs, health
facilities, retail outlets, colleges and community centers. When we
lack all-season routes, as we do on our reservation, law enforcement
and other first responders struggle to reach people in need. Children
cannot get to school and parents cannot get to work. This is especially
true during our harsh winters when ice and snow accumulate on the roads
making them unsafe. Communities are shut off from one another. This is
a safety issue which persists each year, largely due to lack of funds.
In short, road safety is a massive problem at Fort Peck and
throughout Indian country. We cannot tackle this problem without
additional federal resources. The United States has a unique trust
responsibility to protect Indian tribes and their members. These
persistent and grim statistics reveal that the United States has not
lived up to its responsibility to the Indian nations and our members
when it comes to transportation infrastructure and roadway safety.
II. Indian Tribes Can Make a Positive Difference to Improveroad Safety
When Provided the Resources
We are committed to reducing the number of deaths and serious
injuries and improving the overall safety of the Reservation's
transportation system. The Fort Peck Tribes have had a Safety
Management Plan in place since 2008. We worked with the Montana
Department of Transportation (MDT) to develop a Safe On All Roads
(SOAR) program, provided Tribal law enforcement officers with a Cisco
electronic crash records system to enter all crash reports in a
standardized way for better reporting of crashes, established a DUI and
Injury Prevention Committee that meets on a monthly basis, entered into
a cross-deputization agreement with the State of Montana, and initiated
safety checkpoints staffed by Tribal Police, City Police and County
Sheriffs Offices. We have enacted ordinances to make not wearing a seat
belt a primary offense and to ban domestic animals on highway rights of
way.
Through MDT's Comprehensive Highway Safety Program (CHSP), an
annual Tribal Transportation Safety Summit was established in Montana
to provide tribal officials an opportunity to share success stories as
well as identify safety issues and hurdles. Engineering/planning and
education were identified by tribes as the highest area of need. This
is consistent with MDT's finding that the issues of unbelted drivers
and impaired driving among Native Americans remain a problem. According
to MDT, between 2007 and 2011, in approximately 76 percent (120 of 157)
of vehicle-related crashes, the victim was unbelted. On Fort Peck, we
also identified overweight and oversized trucks as an emerging safety
issue tied to the Bakken and Three Forks development. With more law
enforcement funding, we could patrol our roads more consistently and
keep them safer for all users.
We have used our ``Tribal shares'' of Tribal Transportation funds
to reconstruct existing routes, complete overlay-chip seal projects,
milled, leveled and overlayed community streets, and undertake the
phased construction of the 30 mile Wolf Point-Wiota project to improve
road conditions and safety on the Reservation. Well lit signage, guard
rails, rumble strips, wider shoulders and striping are cost-effective
measures to improve road safety.
We are also fortunate to have received 2 percent Tribal
Transportation Program Safety grants over the last few years to make
needed safety improvements on our reservation that we would not
otherwise be able to undertake. In 2013, we used safety grant funding
to restripe 26 miles of BIA routes, made road improvements from Box
Elder to Blair, issued Public Service Announcements (PSAs) and updated
our Tribal Highway Safety Plan. This year, we will use TTP Safety funds
to pave the Poplar Airport Access Road for emergency vehicles, purchase
a radar speed display trailer, purchase intoximeters for the Tribal Law
and Justice Program and undertake an education promotion ``Arrive Alive
Tour.''
As a competitive grant program, however, the $8.5 million available
in FY 2014 for Tribal Safety Grants is simply inadequate and covers
only a tiny fraction of the transportation safety needs of the Nation's
566 federally-recognized Indian tribes. Fort Peck alone could utilize
the entire safety grant program and still need more funding.
While we are making road safety a high priority, we simply lack the
resources to address the problem comprehensively. The situations I
mentioned earlier demonstrate that more needs to be done.
III. Tribes Require Parity With States in the Next Long-Term highway
Reauthorization Bill and We Call on the Senate Indian Affairs
Committee to Advocate for Tribes
Tribes require parity with State Departments of Transportation if
we are to addressserious safety issues on our reservations. The
reduction in federal appropriations to the Tribal Transportation
Program and the loss of discretionary grant programs, such as the
Public Lands Highway Discretionary Grant Program under MAP-21, hinder
the ability of Indian tribes to address ongoing transportation safety
concerns.
The primary sources of funding to undertake safety improvements as
well as maintain and repair our reservation routes to improve safety
are the funds we receive from the Tribal Transportation Program, under
the Federal Lands Highways Program, and the BIA Road Maintenance
Program funds. These programs have not received required funding
increases nor kept pace with inflation and thereby have undermined our
ability to properly maintain our existing transportation inventory.
To rectify the economic and physical barriers that hinder so many
aspects of reservation life, we urge the Indian Affairs Committee to
introduce an Indian highway bill to provide financial predictability
and certainty for Indian transportation and safety programs need. We
ask the Committee to advocate for tribal parity with the States in the
area of transportation, transit, road maintenance and highway safety.
Tribal transportation infrastructure needs must be addressed in the
next long-term, bipartisan and bicameral highway reauthorization bill.
To empower tribes and promote tribal self-determination in the area
of transportation infrastructure, transit and highway safety, Congress
should adopt the recommendations of the Tribal Transportation Unity
Caucus (TTUC), a broad coalition of Indian tribes from across the
country. The TTUC proposed a legislative package of amendments to MAP-
21 that provide equitable funding increases and program improvements to
address the safety and engineering deficiencies that are present
throughout Indian country.
We strongly endorse the Tribal Transportation Unity Act (TTUA)
amendments as have scores of other tribes as well as tribal
organizations such as the National Congress of American Indians (NCAI),
the Intertribal Transportation Association (ITA) and the Affiliated
Tribes of the Northwest Region (ATNI). We ask that the Tribal
Transportation Provisions Proposed for Inclusion in the Highway
Reauthorization legislation by the TTUC be made part of this hearings
record.
Transportation safety is one of many elements which Congress should
address in a comprehensive, long-term highway reauthorization of MAP-
21. This Committee has long understood that infrastructure, including
roads, water and wastewater systems, utilities, telecommunications, law
enforcement, schools and health facilities are the building blocks for
community stability and economic development.
We ask this Committee to provide Indian tribes with greater access
to existing highway safety programs to reduce needless deaths among the
Nation's First Americans. As noted in the Tribal Transportation Unity
Act amendments, Congress can do so by:
1. establishing a 2 percent set-aside for tribes in the Highway
Safety Improvement Program (HSIP);
2. increasing NHTSA's Tribal Safety Program set-aside to 3.5
percent (from 2 percent);
3. create a 3 percent set-aside for tribes in the
Transportation Alternatives (TA) Program; and
4. make tribes direct eligible recipients for all USDOT
discretionary grants.
Many motor vehicle crashes and motor vehicle injuries to Native
Americans on reservations simply go unreported. Tribes need more
funding to standardize data gathering and reporting of motor vehicle
crashes which can be shared with State and Federal agencies. Only
through better crash data can tribes receive additional federal and
State highway safety funds.
With recurring and increased Tribal Transportation Program and
safety funding, we can:
increase child safety seat use among Native American youth,
increase seat belt use among adults and teen drivers,
address alcohol-impaired driving through greater traffic
enforcement, sobrietycheckpoints,
implement multi-faceted community-based approaches to
alcohol misuse and DUIprevention, and
undertake engineered road improvements that make our
transportation systemssafer.
IV. Conclusion
We appreciate the Committee's concern regarding road safety in
Indian country and welook forward to working with you to see that
proper investments are made in transportation infrastructure to make
our communities safer. It will take time and resources to remedy the
poor state of roads in Indian country and improve highway safety for
Native Americans, but Indian tribes are in the best position to partner
with local, State and Federal agencies to reverse the appalling
situation we now endure and make reservation transportation systems
safer so that our members can lead healthier lives and our communities
can prosper. Greater access to existing funding sources and increased
appropriations overall will help tribes build better relationships with
State DOTs, metropolitan and rural planning organizations, local
governments and federal agencies.
Transportation infrastructure costs money to build and, equally
important, to maintain. It is a price Congress must be willing to pay.
We are gratified to see legislation from this Committee that recognizes
the importance of investing in tribal infrastructure, whether it
concerns irrigation systems, housing, or rural water projects. We ask
that you do the same for transportation infrastructure.
I thank the Committee for the opportunity to present this
testimony.
The Chairman. [Presiding.] Thank you very much, Mr. Kirn. I
appreciate your being here.
And now Mr. Delbert McOmie, with whom I worked closely when
I was on the Wyoming State Senate on the transportation
committee. He is the Chief Engineer of the Wyoming Department
of Transportation. At your convenience, please share your
thoughts.
STATEMENT OF DELBERT McOMIE, CHIEF ENGINEER, WYOMING DEPARTMENT
OF TRANSPORTATION
Mr. McOmie. Thank you, Chairman Barrasso, Vice Chairman
Tester and members of the Committee. I am Del McOmie, with the
Wyoming Department of Transportation. I thank you for the
opportunity to offer WYDOT's perspective on the vital
transportation matter of transportation safety on the Wind
River Reservation.
At the outset, let me emphasize that States and political
subdivisions such as counties can and do have jurisdiction over
some roads within the reservation boundaries. So improving the
transportation system on and near the tribal reservation
depends on effective planning and participation amongst the
State, tribe and political subdivisions, as well as citizens
and stakeholders.
Also, to improve the State and tribal transportation
safety, one should not focus solely on projects funded from the
safety category. Safety is part of virtually everything that we
do at WYDOT. For example, a road resurfacing and widening
project provides safety benefits by eliminating potholes and
improving shoulders. It could also include installing guardrail
and rumble strips. But the project might be funded from the
Surface Transportation Program under Title 23. A project that
does not include any elements other than adding a safety
feature would likely be funded out of the Highway Safety
Improvement Program and would be referred to as a safety
project.
My written statement describes a few projects and actions
WYDOT has undertaken, working closely with the tribal
stakeholders, to improve transportation and transportation
safety. For example, I will highlight just a few. First, we are
pleased to advise that under MAP-21, the proportion of WYDOT
funding for construction that is invested on routes serving the
Wind River Reservation exceeds the ratio of enrolled tribal
members to Wyoming's overall population.
Second, Mr. Chairman, as you know, the most notable tribal
transportation achievement in Wyoming in recent years has been
the completion of the 17 Mile Road project on the Wind River
Reservation. That $45 million project was undertaken with
tribal funds, State funds, Federal appropriations to WYDOT,
Fremont County funds and a TIGER discretionary grant from the
USDOT to the Northern Arapaho and Eastern Shoshone tribes. It
has been a 20-year effort. That road has been transformed from
a narrow, sharp-cornered road with irrigation structures near
the roadway into a modern, two-lane highway with wide
shoulders.
Safety was critically important in deciding what to do with
the project. In addition to adding eight-foot shoulders and
eliminating hairpin corners, roadway lighting was added at
major intersections and irrigation systems were moved from open
ditches to buried pipes. Rumble strips are currently being
added to further improve safety.
Third, WYDOT has used funds under NHTSA programs for
transportation safety education in the tribal community. Safety
summits, the advertising, using posters, billboards and radio
spots have stressed wearing seatbelts, using child restraints
and not driving while impaired. Over the last decade, we have
seen reduced fatal crashes, fatalities and injuries. For
example, in 2005 there were 8 driver fatalities in Fremont
County involving a positive alcohol or drug test. In 2014,
there were none.
The combination of efforts of road and behavioral
investments are paying off. On the eastern section of the 17
Mile Road, in the three-year period preceding reconstruction
and behavioral messaging, there were 65 total crashes with 63
injuries and 4 fatalities. In the three years following the
reconstruction and the commencement of the behavioral program,
total crashes fell to 18 with 10 injuries and 1 fatality. This
is a drop of 70 percent or more for crashes, injuries and for
fatalities from the pre-construction, to the pre-messaging
period.
Fourth, transit investment has also served to improve
safety as well as address jobs, medical treatment and other
vital functions. These improvements have taken pedestrians off
the roadway and helped to reduce vehicle pedestrian accidents.
Before closing, let me offer a few thoughts on a framework
that can help State DOTs and tribal nations continue to achieve
positive results. Enacting a multi-year surface transportation
bill will help. Planning for projects on or near the
reservation takes time and can best be undertaken in the
context of a multi-year legislation.
Also, Congress and Federal agencies should provide
flexibility to the States and to the tribes, and also look for
opportunities to streamline and simplify programs and project
delivery. If we can reduce the expense of the program
administration, more funds can be applied to the actual project
and programs.
In conclusion, States are available to work with the tribal
governments to deliver transportation improvements, including
safety. That concludes my statement, Mr. Chairman, and I look
forward to any questions the Committee may have.
[The prepared statement of Mr. McOmie follows:]
Prepared Statement of Delbert McOmie, Chief Engineer, Wyoming
Department of Transportation
Chairman Barrasso, Ranking Member Tester, and Members of the
Committee:
I am Del McOmie, Chief Engineer of the Wyoming Department of
Transportation (WYDOT). Thank you for the opportunity to appear before
the Committee and offer WYDOT's perspective on the vital matter of
tribal transportation safety.
In my statement today, I will share with the Committee information
about how the efforts of our state, under the federal surface
transportation programs, can be coordinated effectively with the
transportation plans and programs of the tribes to bring about improved
transportation and transportation safety for tribal members, both on
and near reservations.
At the outset, let me emphasize that states and political
subdivisions, such as counties, can and do have jurisdiction over and
responsibility for some roads within the boundaries of a reservation.
So, improving the transportation system in and near a tribal
reservation depends on effective communication, planning, and
participation among the state, the tribe, and political subdivisions,
as well as citizens and stakeholders.
This common sense imperative for communication among the interested
parties is reinforced by various provisions of the federal surface
transportation program. The basic federal transportation planning
statutes for states, 23 U.S.C. 135 and 49 U.S.C. 5304, include a number
of provisions requiring a state to consult with tribes in undertaking
transportation planning, especially with respect to plans for areas of
the state under jurisdiction of a tribal government. Further, pursuant
to 23 U.S.C. 148, the state's Strategic Highway Safety Plan must be
developed in consultation with tribal stakeholders.
Before turning to some examples of how we at WYDOT have been
working with the Northern Arapahoe and Eastern Shoshone tribes to
improve transportation and transportation safety on the Wind River
Reservation, I think it is important to point out that safety is an
integral part of virtually everything we do at WYDOT. Every road
project makes a contribution to safety, even if for programmatic
purposes, it is not classified as a ``safety project.'' For example, a
road resurfacing and widening project provides safety benefits by
eliminating potholes, and it could also include installation of guard
rails and rumble strips, but the project might be funded from the
``surface transportation program'' category in Title 23. A project that
does not include any elements other than adding guard rails likely
would be funded out of the ``highway safety improvement program''
category and would be generally referred to as a ``safety project.'' In
short, when thinking about ways to improve transportation safety, one
should not focus solely on projects funded from a ``safety'' category.
Recent WYDOT Investments Have Complemented Tribal Efforts and
Improved Transportation Safety in Wyoming's Tribal Areas
Now, let me briefly describe a few of the efforts WYDOT has made,
working closely with tribal stakeholders, to improve transportation and
transportation safety. The Department is working diligently to improve
transportation on the Wind River Reservation. Under the Moving Ahead
for Progress in the 21st Century Act, MAP-21, the proportion of WYDOT
funding for construction that is invested on routes serving the
Reservation exceeds the ratio of enrolled tribal members to Wyoming's
overall population.
17 Mile Road. As you know, Mr. Chairman, the most notable tribal
transportation achievement in Wyoming in recent years has been the
completion of the 17 Mile Road project. That $45 million project was
undertaken with tribal funds, state funds, federal apportionments to
WYDOT, Fremont County funds, and a TIGER discretionary grant from USDOT
to the Northern Arapahoe and Eastern Shoshone tribes. It was a 20-year
effort to design and complete this project. But that road, which is on
and serves the Wind River Reservation, has been transformed from a
narrow, sharp-angle road with irrigation structures near the roadway
into a modern two-lane highway with ample shoulders. The reconstruction
of 17 Mile Road has been a long-term cooperative effort with financial
and personnel resources from the tribes, Fremont County, WYDOT, and the
Central Federal Lands Division of the Federal Highway Administration.
The project is viewed across the country as a model for government and
community partnerships.
Safety was a critically important factor in the detailed planning
for and delivery of the 17 Mile Road project. In addition to adding 8-
foot shoulders and eliminating hairpin corners, roadway lighting was
added at major intersections and irrigation systems were moved from
open ditches to buried pipes. Rumble strips are currently being added
to improve safety further.
WYDOT has continued to partner with the Wind River tribes on
maintenance as well. The Department has provided transportation
training funds for classes for the tribes to help them better maintain
their roads. District personnel have also trained tribal members to
perform chip sealing, which the tribes will now also undertake. The
tribes purchased a Department striper, which WYDOT district personnel
have taught tribal workers to use to maintain striping. The tribes have
also bought used dump trucks and snowplowing equipment from the
Department at nominal cost.
Additional Highway Investments
Other WYDOT projects are planned or underway to improve roads
serving the Reservation. In 2014, a project on Wyoming Highway 132
north of Ethete overlaid some 8 miles of the highway. Work on 3.3 miles
of Wyoming Highway 789 south of Riverton is underway to widen the road.
Another project on Wyoming Highway 132 south of Ethete is currently
being designed. This project will straighten hairpin turns and widen
shoulders. As part of the work, a separated bicycle and pedestrian path
will also be built.
Additional initiatives to improve transportation on the Reservation
and make it safer are also underway. A highway safety study of 13 state
routes on the Wind River Reservation, for instance, is currently being
done. This study, involving both WYDOT and University of Wyoming Civil
Engineering Department personnel, will take an integrated approach
involving in-depth review of crash data, speed limit studies, and
capacity analysis. Benefit-cost analysis will then be applied to the
findings, and recommendations for programming improvements will be
made. These will then be programmed as funding allows. A High Risk
Rural Roads project to install signs on the Reservation is also set for
this year.
Transit. Transit investments have also served to improve safety as
well as access to jobs, medical treatment, and other vital functions.
WYDOT has invested rural transit operating and other funds to improve
transit within the Reservation and to connect the Reservation and
nearby cities and towns. Medical trips for kidney dialysis are the
current focus, with some route service occurring. These activities will
expand depending upon funding and user needs.
Highway Safety Behavioral Program Investments. WYDOT has used
federal funds under NHTSA programs for education in Fremont County,
including the tribal community, as well as in other rural counties.
Safety summits and advertising using posters, billboards, and radio
spots have been used to stress such important safety practices as
wearing seat belts, using child restraints, and not driving while
impaired. Tribal laws have also been changed. The Reservation has a new
DUI law, a new mandatory seat belt law, and enforcement efforts have
been enhanced. Over the last decade or so, we have seen reductions in
fatal crashes, fatalities, and incapacitating injuries. In fact, there
has been a dramatic reduction in all injuries. In 2005 there were 8
driver fatalities in Fremont County involving a positive alcohol or
drug test. In 2014 there were zero fatalities, and there were only 4
total in the 4 years from 2011 to 2014. Fatalities overall have fallen
from 24 in 2006 to 4 in 2013. Fatal crashes in which seatbelts were not
used fell from 17 in 2008 to 3 in 2013.
We have consulted with tribal officials in structuring the delivery
of programs supported with NHTSA funds from the Highway Trust Fund.
While we are always working to improve safety further, we are
encouraged to see real progress.
The combined efforts of road improvements and behavioral
investments are paying off. On the eastern section of 17 Mile Road, in
the three-year period preceding reconstruction and behavioral
messaging, there were 65 total crashes with 63 injuries and 4
fatalities. After reconstruction and commencement of the behavioral
program, for the three years from 2009 to 2012, total crashes fell to
18 with 10 injuries and 1 fatality. These figures represent a drop of
70 percent or more for crashes, injuries, and fatalities from the pre-
construction, pre-message period.
Further Improvement
Looking ahead, we at WYDOT are eager to achieve further improvement
in transportation and transportation safety, including by working with
our tribal colleagues.
I am not here as an expert on the tribal transportation program
itself, but, before closing, I will offer a few thoughts on a framework
that can continue helping state DOTs and tribal nations achieve
positive results.
Enacting a multi-year surface transportation bill will help in this
area as well as in other aspects of surface transportation. Planning
for projects on and near a reservation takes time. We think WYDOT and
our tribal and local government colleagues in Wyoming do it well and
efficiently, but planning for investments takes years to reach fruition
and can best be undertaken in the context of multi-year legislation.
Also, I would encourage Congress and the federal agencies to
provide increased flexibility for states and tribes and to also look
for opportunities to streamline and simplify programs and project
delivery. If we can keep down the expenses of program administration, a
higher portion of available funds, whether tribal program funds or
funds apportioned to states, can be applied to actual projects and
programs.
In summary, my main point today is that the current federal surface
transportation programs do enable a state to work with tribal
governments to deliver transportation improvements, including safety
improvements. As the Congress works to improve federal surface
transportation programs, including the program of apportionments to
states and the program for tribes, it should build on, and not detract
from, the good that is in the current framework.
That concludes my statement. Thanks again for the opportunity to
appear before the Committee. I'll be happy to respond to questions the
Committee may have.
The Chairman. Thanks, Mr. McOmie.
Next is John Smith, who is the Director, Transportation
Department, Eastern Shoshone and Northern Arapaho Tribes of the
Wind River Indian Reservation, Fort Washakie, Wyoming.
Again, congratulations on being recognized by President
Obama at the White House last year and being named a Champion
of Change. With that, I invite you to please give your
testimony.
STATEMENT OF JOHN SMITH, DIRECTOR OF
TRANSPORTATION, NORTHERN ARAPAHO AND EASTERN SHOSHONE TRIBES,
WIND RIVER INDIAN RESERVATION
Mr. Smith. Thank you, Mr. Chairman, Vice Chairman Tester
and the rest of the Senate Committee on Indian Affairs, for
listening to our presentation along with the other presenters
who presented before me. We all convene on several different
issues, but we realize that safety is one of the major projects
and one of the focuses that we endear together.
I will now have my colleagues put up a chart that shows
some of the improvement from 2008 to 2009, and ask them to, we
have an error that might be a little confusing, and that should
be 100,000 population. The actual figure for the total is
around 20,000 instead of 19,000. The chart is misleading. I
apologize for that.
But the other chart I also have is the ones that talk about
the motor crash and vehicle deaths in Indian Country as stated
by Council Member Kirn, that two Indian people die in one day,
every day in America. Why is this? Simply put, bad roads and
more often than not, unpaved roads. We do have narrow roads, we
have sharp curves, no median, no shoulders and we are asking
for trouble in the design phase. Only 7 percent of the roads
owned by tribes are paved, and the remaining 93 percent are
gravel, earth or primitive. Only 26 percent of the BIA roads
are paved.
My testimony describes a terrible situation on Cheyenne
River Sioux Indian Reservation, where a school bus has to go
through two hills, narrow roads and the bus driver has the
children exit the road, he drives up to the top of the road and
they get on one hill, and they go a little ways, they have to
climb another hill. And when the weather is in a critical
condition, they dump the supplies for the school off in a near
town called Faith. And the school has to go bring their own
supplies up to the school children to eat.
I do that in favor of my brothers from Cheyenne River, and
I met with them in Pine Ridge recently. We have had a little
discussion about what we wanted to do. Also, Mr. Chairman, as
mentioned by Del McOmie,, that the transit operation has given
us the opportunity to buy medical rights to our people on
dialysis on Wind River, the Shoshone Tribe has a dialysis
center. We transport 74 individuals daily or weekly, every
other day, for medical treatment, which maintains their lives.
There are a number of other things in our maintenance
charts we can show, if they could put that up, please, that
indicates how we look at our maintenance funding, BIA and
tribal roads. In authorizing MAP-21, previously in 1982 we had
$45 million for roads. In SAFETEA-LU, prior to that, after they
cut, the OMB and BIA looked at combining the road maintenance
and taking 25 percent off of our construction costs, which
prevents us from providing more construction dollars,
backlogging the maintenance costs that are direly needed for
improvement. So that limits our ability to improve safety.
In our construction projects we fix potholes, we have what
is called deferred maintenance, where we chip-seal roads, we
try to prolong our roads and do chip-seal projects, protecting
our pavement. But as we begin talking about what is a remedy
that would happen, I think with the issue at hand, you can see
we all need funding. We all need more funding. We have a
proposal called by the TTUC Act that the tribes fully endorse
putting that into a bill to come out of the Committee here to
be presented to the EPW committee as they consider legislation.
We definitely want to improve that.
But finally, Mr. Chairman, I ask you to convene a meeting
with the leadership of Interior Appropriations Subcommittee,
the Department of Interior and OMB to address this crisis and
give it the gravity it deserves to improve the course of the
maintenance program. It is an extremely small amount of money,
relative to the tens of billions of dollars in increases of
defense or other programs that the Senate and the House are
dealing with today. So I don't want you to declare war on
Indian Country, but I would like to receive some of those funds
attributed to our needs.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Smith follows:]
Prepared Statement of John Smith, Director of Transportation, Northern
Arapaho and Eastern Shoshone Tribes, Wind River Indian Reservation
Chairman Barrasso, Vice Chairman Tester and Honorable Members of
the Senate Committee on Indian Affairs. My name is John Smith and I
have the honor of being the Transportation Director for the Northern
Arapaho and Eastern Shoshone Tribes of the Wind River Indian
Reservation in Wyoming. I wear a few different hats, as I am also the
Executive Director of Intertribal Transportation Association and have
served on many task forces and panels dealing with transportation in
Indian country. Although I am not authorized to speak on behalf of
them, based on my recent meetings with tribes in Montana, Wyoming,
North and South Dakota, I believe my thoughts are consistent with what
I have heard from many others. I do want to express my appreciation to
this committee and particularly to the Chairman and Vice Chairman for
convening this hearing and inviting my testimony.
As you have heard over the years, Indian people are injured and
killed in automobile accidents at rates far higher than any other group
in the United States. There is much empirical data to this effect from
various studies including a number by the Centers for Disease Control.
We do have a problem with traffic safety on Indian reservations and you
are to be commended for holding a hearing that focuses on this problem.
I have some charts that Mr. Waters and Mr. Lambert are now
displaying that paint a disturbing picture. The data in this first
chart is a little dated as it comes from 2009 but it shows Pedestrian
Deaths on Public Roads by race. While there was some improvement from
2008 to 2009, you can see that even in the better year of 2009 that
Indian pedestrians die at a rate that is nearly 80 percent higher than
do non-Indians. Mr. Chairman, I have spent my life on Indian
reservations and I can tell you why this rate is so much higher for our
people. I can't remember the last reservation I was on that had
sidewalks, but even more alarming are the numbers of roads in Indian
country without adequate shoulders or perhaps any shoulders at all. The
roads in Indian country are also often lacking in guardrails,
crosswalks and overpasses. Why is that? Let me answer that question in
a moment but first I would ask my friends to put up the next chart.
Whereas the first chart focused on pedestrians, this chart is a
comparison of all manner of Motor Vehicle Deaths and what it shows is
even worse. When it comes to motor vehicle deaths, Indian people die at
more than double the rate than non-Indians do. In the Great Plains and
Rocky Mountain regions, the data, is much worse, particularly among our
Indian youth under the age of 19. There deaths are three and a half to
four times the national average for motor vehicle deaths, and four and
a half to five times the national rate for pedestrian fatalities. The
Wind River Reservation has the dubious distinction of having the
highest rate of pedestrian deaths in the U.S. Nationally, two Indian
people die every day in motor vehicle accidents and American Indian
infants die at a rate that is eight time the national average for non-
Indians.
Pedestrian deaths on the roadways of Indian country and death and
injury of occupants of cars and trucks on those same roads have one
thing in common: bad roads and, more often than not, unpaved roads.
When you have narrow roads, with sharp curves, no medians and no
shoulders, you are asking for trouble. Only 7 percent of the roads
owned by Indian tribes are paved, the remaining 93 percent are gravel,
earth or primitive roads and only 26 percent of the roads owned by the
Bureau of Indian Affairs are paved, the remaining 74 percent are
gravel, earth or primitive.
Mr. Chairman on the Cheyenne River Sioux Indian Reservation in
South Dakota, there is a road known simply as BIA Route 11. It leads to
the Takini School, which houses Kindergarten through 12th grade
students. Route 11 is hilly and has so many problems that during
inclement weather, the bus driver stops at the bottom of steeper
stretches of Route 11 and unloads the children. He then guns the bus to
the top of the hill. The children walk up the hill and get back on the
bus again and he repeats this same routine at the next hill. He doesn't
do this because the bus lacks the power, he does it because he is
fearful the bus will slide off the side of the road, a road with almost
no shoulder and drop offs on either side. His theory is that if the bus
slides off the road and flips over, it is better that he be the only
passenger. In inclement weather, vendors often refuse to deliver their
products--including food for lunches--to this school because they are
fearful of driving on the road. On those days, they will leave their
product in the town of Howes, which is 32 miles away, or the town of
Faith, which is 40 miles away. School employees will then have to
undertake a 64 or 80 mile round trip to retrieve vendors' products. So
not only do the bad roads lead to death and injury among our Indian
people, but they disrupt education, on bad days they make getting to
work impossible, they greatly delay or prohibit emergency response
vehicles from responding in a timely basis; they serve as a major
disincentive to economic development and make it impossible to entice
businesses to locate on such lands We already are lacking in nearby
hospitals or clinics throughout much of Indian country but when
ambulances endeavoring to retrieve and deliver a person injured in an
auto accident have to traverse roads like Route 11--which in the best
of circumstances greatly slows them down and in the worst circumstances
makes access nearly impossible--you can imagine what effect that has on
the ability to save a badly injured resident. Engineering estimates are
that it will cost just under $10 million to rebuild Route 11 to safe
conditions. That is many time what the Tribe's total road budget is for
the entire reservation. They have asked my advice and alii can
recommend is to submit to DOT for a TIGER grant and pray that it gets
funded. The odds are great that it won't be.
Indian tribal governments could also play a key role in reducing
the death rates among passengers in motor vehicles by establishing
codes and enforcing seat belt and child safety restraint use laws and
regulations as the larger non-Indian community has. This is now
happening more and more in recent years but tribes absolutely have some
catching up to do in this regard. We also need education campaigns
about the dangers of riding in the backs of pickup trucks, driving
while under the influence of alcohol and distracted driving. I am glad
to see that the Federal Highway Administration has been convening
Tribal Safety Summits which are teaching tribal transportation planners
such as me the latest on successful education campaigns that we can
implement on our homelands.
Another problem that tribes face is that so many of our
reservations were allotted during the ill-conceived Allotment Era and
the land is checker-boarded with various governments having varying
laws and regulations applicable on the same reservation. In those
instances it is important for tribes, state and counties to coordinate
on seat belt laws for instance. I for one am glad the Tribes on the
Wind River Reservation are now coordinating much more with the state
than we did just a few years ago and I am delighted to see my friend
and colleague Del McOmie, the Chief Engineer of the Wyoming Department
of Transportation (WYDOT), here today and on this panel.
Not only can tribes coordinate better on safety enforcement but on
road construction as well. WYDOT and my department jointly undertook a
major construction product when we rebuilt what is known as 17 Mile
Road on the Wind River Reservation. This had been one of the most
dangerous roads in the country with many accidents and fatalities. It
was a road that carried about 3,000 people a day including over 1,000
students. Not only did the construction of the road result in the
creation of 130 jobs for tribal workers but we widened much of the road
from 22 feet to 40 feet, we put up 28 miles of fence and installed
cattle guards and replaced irrigation pipe running alongside the road.
Since we opened it up in October 2013, we have only had an 84 percent
reduction in injuries and only one major accident and unlike the pre-
construction days, the car involved didn't roll over in the ditch next
to the road as the ditch no longer exists. We have also instituted
culturally geared traffic safety messaging that is in English as well
as the Arapaho and Shoshone languages and we coordinated with the
University of Wyoming to prepare a reservation-wide Traffic Safety Plan
and are coordinating these initiatives with the state of Wyoming.
Attached is a write up about our program including some of the safety
messaging ads and billboards we are using.
Mr. Chairman, I must say that while driver education and safety
orientation campaigns will definitely help and must receive more
funding, the main problem we have is that both the Congress and the
Administration (regardless of party affiliation) are so profoundly
underfunding the road system in Indian country that we will never have
safe roads unless they are properly built and maintained. If your roads
are icy and full of dangerous curves and gigantic potholes because you
don't have the money to maintain them and if you don't have proper
signage and wide shoulders, you can educate people until the cows come
home. You won't have safe roads.
Let's first examine the Bureau of Indian Affairs Road Maintenance
Program. In 1992 the BIA Roads program was funded at $41 million a
year. That level of funding was, by all accounts profoundly less than
was necessary for the maintenance that was needed on our roads. So what
is the BIA's road maintenance budget this year, 23 years later? Mr.
Chairman it is $26 million! That is $15 million LESS that we had two
decades ago and of course that does not take inflation into account. If
the appropriations in the BIA's road maintenance budget in the early
1990s had simply been allowed to grow at a normal rate and reflect need
the budget for that program would be over $110 million today. Instead
it is $26 million. You need not look any further than that one
statistic alone to get a good idea why we have the problems we do on
our roads. If you ask the BIA how they could possibly justify reducing
the BIA Road Maintenance budget they will undoubtedly tell you that
they did so when the TEA-21 highway bill became law which included a
decent increase in funding for reservation roads. The problem with that
argument is that the Congress specifically told the BIA, time and time
again, that the increase in the DOT budget was for road construction
and renovation and that the BIA was still the primary entity
responsible for maintaining those roads. The Congress told the BIA not
to reduce the maintenance budget in lieu of the increased funds being
made available for construction and renovation. The BIA, undoubtedly
pushed to do so by OBM, flatly ignored that directive and we have seen
the results, a huge reduction in maintenance funds and the
corresponding deterioration of roads on reservations, and the
unnecessary deaths and injuries of untold numbers Indian people.
Mr. Chairman, there are 566 Indian tribes and 56 million acres of
trust land. There are 31,400 miles of BIA roads and 26,000 miles of
Tribal roads on those lands for a combined total of 57,400 miles of
roads. These roads only get funds from the federal government for
maintenance; they get no help from counties or states. $26 million
divided by 57,400 miles equates to $452 per mile for maintenance. The
BIA is more directly responsible for their roads than they are for
tribal roads so the figure may be closer to $600 per mile but whether
it is $400 or $600, it should be compared to what state and counties
spend per miles for road maintenance. This figure varies widely
depending on what data is used and what study you rely on. The Federal
Highway Administration (FHWA) says that over $46 billion was spent on
road maintenance by all units of government in 2010, and there are
approximately 4 million miles of road in the U.S. As this chart shows,
that breaks down to about $11,000 per mile. A study prepared by the
Illinois Institute for Rural Affairs and Agricultural Economics
Department at the University of Wisconsin indicated that counties are
spending over $16,000 and metropolitan counties are spending almost
$30,000 per mile. For the sake of argument, let's accept the lower
$11,000 figure. How can the BIA expect tribes to protect the lives of
their citizens when it provides less than 5 percent of what the
counties are spending on road maintenance? Mr. Chairman this is gross
negligence and Indian people are paying for it with their lives. The
chart being displayed now shows this disparity. You know it occurred to
me that when tribes sued the BIA and IHS for non-payment of contract
support costs they prevailed and now we are seeing realistic requests
from the Administration for that program. When tribal trust lands were
grossly mismanaged a number of tribes sued under what is known as the
Salazar cases and received a multi-billion settlement. It is a sad
commentary that apparently the only way the BIA and OMB will step up to
the plate and request what is needed for road maintenance, is for the
estates of Indian people killed or maimed on bad roads to sue them and
get a court order or an out of court settlement requiring the agency to
respond to this very serious problem. By the BIA's own admission, 83
percent of BIA system roads are deemed to be in an ``unacceptable
condition'' yet their request to Congress for the past 19 years has
stayed flat varying between $24 to $26 million. I find that incredible.
Because the BIA has been so negligent in maintaining the roads in
Indian country the Congress and the FHWA reluctantly agreed that up to
25 percent of the Highway Trust Fund money that is supposed to be used
for construction and renovation of Indian reservation roads, can be
used for maintenance. This of course means there is that much less
money available for new construction, improvement or reconstruction of
roads. Among other things this means that dangerous and windy gravel
roads will be less likely to be replaced with better designed, safer
paved roads. In addition to the previously referenced 57,4OO miles of
BIA and Tribal roads there are also 101,000 miles of State and County
roads that are part of the National Tribal Transportation Facility
Inventory and that must be factored into the allocation system.
When Congress enacted MAP-21, they did make improvements to the
allocation formula for distributing Highway Trust Fund dollars to
Indian country, shifting the focus more toward on-reservation BIA and
Tribal roads and away from county roads, proposed roads and access
roads but they left the funding amount flat at $450 million. This
actually represents a decrease because SAFETEA-LU had funded the Indian
Reservation Bridge program separately from 2008-2012 in the amount of
$14 million and MAP-21 simply told tribes to take the bridge money away
from what is now called the Tribal Transportation Program (TTP) so the
$450 million actually represents a $14 million loss. There are over
4,000 bridges in Indian country identified in the TTP and 25 percent of
them have been rated structurally deficient or functionally obsolete.
The cost to replace or rehabilitate those bridges is more than $600
million so eliminating the separately funded bridge program in MAP-21
was a bit bewildering.
There are also a number of so called ``take downs'' that take money
away from the $450 million before it ever gets distributed to Tribes.
In 2014 those takedowns were as follows: minus $22.9 million (5.1
percent) for Obligation Limitation; minus $9 million (2 percent) for
Safety Program; minus $9 million (2 percent) for Planning; minus $9
million (2 percent) for Bridges and minus $27 million (6 percent) for
BIA and DOT Administration. These take-downs total $76.9 million taken
from the TPP before it is distributed through the formula. All of them
should be funded separately and not taken out of the formula pot and we
ask this committee to support the proposal to exempt the TPP from the
Obligation Limitation. That $23 million has a profound impact on the
overall TPP but is such a small amount of the overall $40.2 billion
Federal Aid Program that it wouldn't even be missed. This would restore
things to how they were before TEA-21 was enacted as that was the first
time the Obligation Limitation was applied to the Indian Reservation
Road Program (now TTP). MAP-21 also requires bridge inspections but it
provides no funding we can use to undertake these expensive
inspections. It is an unfunded mandate that needs to be addressed in a
MAP-21 reauthorization.
There are a number of concrete and achievable things the Congress
could do generally as outlined in the proposed Tribal Transportation
Unity Coalition's recommendations for reauthorizing MAP-21, most
importantly to increase the TTP to a level that will allow Indian
country to address the multi-billion backlog of necessary road
construction projects. The Tribal Transportation Unity Caucus (TTUC)
recommends funding at the TPP at $800 million in the first year of
reauthorization. If that is not possible, a funding level of $700
million would represent an amount that would allow us to address the
backlog. The Indian Country Bridge program needs to be funded at a
level of at least $75 million independent of the TPP. We ask the
members of this committee to introduce the draft legislation that has
been provided by the TIUC as a means of laying down markers that we
hope would influence the Senate EPW Committee as it works to
reauthorize MAP-21. Among its other provisions, the draft legislation
proposes to establish a 2 percent set-aside for tribes in the Highway
Safety Improvement Program and increases NHTSA's Tribal Safety Program
from 2 percent to 3.5 percent. With those funds, Indian tribes could
undertake many initiatives that would increase traffic and pedestrian
safety on Indian reservations.
Finally, Chairman Barrasso and Vice Chairman Tester, I ask you
convene a meeting with the leadership of the Interior Appropriations
Subcommittee, the Department of the Interior and OMB to address this
crisis with the gravity that it deserves and determine a method so that
over the course of the next two to three years that the BIA Maintenance
budget be put on a glide path to $150 million a year in funding. That
is an extremely small amount of money relative to the tens of billions
of dollars in increases for Defense and other programs that I
understand are being discussed here in Congress this week but would
absolutely save lives in Indian country.
Thank you again for inviting me and for your consideration of my
views.
Attachments
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The Chairman. Thank you very much, Mr. Smith.
Let me just start with a couple of questions while we wait
for some of our other colleagues to get back from voting. I
think what you and Del have accomplished and achieved together
on 17 Mile Road is really a great accomplishment. It is a model
that could be followed all throughout Indian Country.
With the large inventory of roads, certainly in the Wind
River Reservation, there is still a lot of work that needs to
be done. That means that we have to find the most efficient
uses for every dollar. In addition, as you said, to more
dollars, we need to make sure that the dollars that are
available are being used well and specifically, every dollar in
the tribal transportation program.
So I am just wondering how you think things like the
overhead and the administrative costs for this program could be
best used to actually promote road safety, if it could be made
more effective, more efficient and more accountable.
Mr. Smith. As Mr. McOmie also alluded to, some of the
paperwork that is involved in putting these projects together,
I have heard you use some of my quotations from when we were
here testifying earlier, prior to the 17 Mile Road.
The Chairman. I quote you all around Wyoming, because it is
so smart, yes.
Mr. Smith. It felt like we were producing a mile of
paperwork for every dollar we got to increase that road, with
all the permits and those added things. Also, by the
requirements of the Bureau of Indian Affairs in regard to
right-of-way, which is being addressed right now in a rules and
regulations process. We have commented on that to improve those
things.
Then the permits, we hire our own permittees, but they
still have to go back through the Bureau channel to get those
fully authorized. So it is like getting a double authorization
on a project. Particularly when you are talking about bridges,
when you talk about bridges you are talking about an enormous
amount of paperwork that has to go in. And if it is readily
there, you can construct the bridge.
But bridges really need to be improved. Prior to SAFETEA-
LU, we were at, within SAFETEA-LU we had $14 million. In
today's market, we are at $9 million in MAP-21, which either
means more money or a setaside program for bridges taken out of
the program to operate. Those same levels as it was stated by
Mr. Black, we have like 450 bridges that are obsolete. With the
new rules in MAP-21, we are required to number and inspect
tribal bridges that are within the tribal system that were not
done prior. So we have a lot of work to do in regard to our
bridges.
The Chairman. Thank you.
Mr. McOmie, if I could ask you, your written testimony
highlighted the good work that you and Big John have
accomplished to make roads safer on the Wind River Reservation.
In particular, the construction of 17 Mile Road has led to a 70
percent reduction in crashes and injuries, fatalities on that
road.
You also noted the need to increase flexibility for States
and for tribes on road safety projects. Could you explain for
the Committee some of the bureaucratic barriers that the State
and tribe had experienced in constructing the 17 Mile Road? Do
you think we could do things for other States so they could be
incentivized to partner with tribes like you have done to
improve road safety?
Mr. McOmie. Mr. Chairman, when we began the process of
working through to improve 17 Mile Road with the tribal
transportation directors and members of the business council,
quite frankly, WYDOT wasn't prepared to, we weren't familiar
with the BIA rules and regulations that we would have to deal
with. We have done that for years. But you kind of just work
through the process. There had to be a better way to try and do
that.
So working with John's office and the BIA members on the
reservation, we began a learning curve. It has really taken
years, but I think we are to the point we kind of understand
the process.
What I see with some of the other States, what I have heard
from some of the testimony today, is that I think perhaps the
Federal Highway Administration, working with the BIA, there may
be the opportunity to provide some best practices or maybe the
opportunity to do some sharing of information, so that other
States don't go through the many years of process that we went
through in Wyoming to try and figure out just how to work the
various systems, the difference between what we do currently
with FHWA and how the BIA operates.
As Mr. Smith indicated, working the right-of-way issues, we
do that day to day on all of our other jobs in the State of
Wyoming. But it is different with the rules and regulations and
the number of people involved in a parcel of land on the
reservation. Utilities are another respect.
Then just how do you work with the various functions within
the BIA, such as when we were installing or getting rid of the
irrigation canals and working through that type of an issue.
Different process than I think most State DOTs are used to. I
think that sharing of information from State to State would
benefit all the tribes and all the States in the Country.
Senator Tester. [Presiding] Thank you.
Director Black, there are 900 tribally-owned bridges,
about. Could you tell me what condition they are in?
Mr. Black. As I stated in my oral testimony, we have about
19 percent of our bridges, or around 170, 180 total bridges,
that right now are deficient. We have been able to show and see
some improvement over that. If you measure against nationwide
against all bridges in the Country, were at about 24 percent
are deficient. We have been able to reduce our deficiency from
25 percent in 2005 down to the 19 percent today.
Senator Tester. Governor Chavarria, what impact would
increasing bike paths and sidewalks have on the overall level
of transportation in your neck of the woods?
Mr. Chavarria. Basically, on State Road 30, we did work
with the State to try to incorporate sidewalks and crosswalks,
to safely allow people to cross from one side of the street to
the next. So without these important discussions with the
State, again, it falls on deaf ears. So again, the State or the
municipality has a permanent or perpetual right-of-way
agreement. And with that perpetual right-of-way agreement, it
is up to the State to go ahead and provide safety mechanisms
for my community members.
For instance, I had a young man get hit last year at the
safety walk. Those cars don't even stop, and we have 14,000
vehicles a day on that road. So again, we proposed an overpass.
They said that we didn't have enough data to support that. So
again that goes into our safety plans, and working together.
That is very important in order to provide a safety mechanism
to our tribal members within Santa Clara Pueblo.
Senator Tester. Good, Rick, you mentioned the impact of the
Bakken and wear and tear on reservation roads. What have you
done to try and help fix that problem of the wear and tear due
to the heavy traffic, heavy truck traffic?
Mr. Kirn. Vice Chairman Tester, we have done quite a bit
with our roads programs to rebuild the roads. We have a
secondary tribal road on our reservation that most of us use in
lieu of Highway 2. But it is still in very, very poor condition
because of the weather conditions that we have, the freezing
and thawing. You obviously know that, in our country, with the
different weather conditions. So maintenance has really been
very poor. We can't really help out as much. The counties are
in very poor condition to be able to help, either.
We don't really receive as much of the royalties from the
oil and gas production that some of the far eastern part of our
county, close to North Dakota, has used. So we need more funds
to be able to do road maintenance and to repair our roads.
Senator Tester. So you are basically getting hammered by
the heavy trucks and there is not much you can do about it,
because you just don't have the funds?
Mr. Kirn. Absolutely.
Senator Tester. Okay. You mentioned signage, guardrails,
rumble strips and other elements of road design that work to
increase the safety of a given road. Do you know what the costs
associated with adding these features are as far as the average
costs undertaken by transportation? Is this a big ticket item
or pretty small in the overall scheme of things?
Mr. Kirn. I couldn't tell you, Vice Chairman Tester, on
what the exact costs would be. But it would be significant.
With more highway safety funding, roads and reservations are
often poorly maintained because of the shortfall of road
maintenance and funding. Additional safety funding could be
used effectively to improve signage, striping, guardrails,
flatten sharp curves, repair pavements, correct safety
deficiencies on roads or bridges throughout the reservation. I
think it would be significant.
Senator Tester. Thank you all for your testimony. Because
of the votes, it has been kind of hectic. I will turn it over
to Senator Franken.
Senator Franken. Thanks, Senator Tester, and to the
Chairman. You know what, I am thinking that maybe by rules you
go to Senator Daines. We have to go back and forth.
Senator Tester. You are exactly right. I did not see
Senator Daines here.
STATEMENT OF HON. STEVE DAINES,
U.S. SENATOR FROM MONTANA
Senator Daines. I had your six. Thanks, Jon.
I want to thank Chairman Barrasso and Ranking Member
Tester, proudly from Montana, for holding this important
hearing today. Highway safety is a critical issue in Montana.
And we have some of the very worst highway fatality rates in
the Country.
Mr. Kirn, it was great talking to you yesterday. Thanks for
making the journey from northeast Montana. We appreciate it.
Mr. Kirn. It was our pleasure.
Senator Daines. I know you also have some other council
members, we have some folks from the Dry Prairie Rural Water
Authority and it was a very productive time. Thank you.
I have made that trip across Highway 2 many times, going
from the Fort Peck Reservation. One thing that strikes me when
I make that trip is that there are just too many white crosses
along the highway. In fact, we have too many white crosses
across the highways in our entire State. We have the highest
per capita highway fatality rate in the Country. In fact, one
of those white crosses is my uncle Tommy Daines. We lost him
back in the mid-1960s. I remember driving south from Columbus
down to Absarokee, there is a white cross, every time we drove
by it when I was a kid, my grandpa lost his son, it was always
a moment of silence for Tommy Daines. You never get over that.
But even more striking are the numbers in Indian Country.
Mr. Kirn, you started your written testimony by stating that
Indian Country roads are not safe roads. You mentioned as well
that while Native Americans make up 6.5 percent of our
population of Montana, they comprise 15.4 percent of highway
fatalities going back to 2009.
I would like to get your thoughts around what are the
factors driving this discrepancy between Indian Country and the
rest of the State. And has the new electronic crash record
system improved the data that is available for us to look for
solutions to this problem?
Mr. Kirn. Thank you for the question, Senator Daines. You
are right, my father was one of those white crosses when he was
20 years old. So I understand what you are talking about.
But I think the discrepancy in the fatalities in Montana is
probably due to the poor road conditions and also because of
the lack of first responders that we have for the ambulances
that would respond to a crash, and the lack of trauma centers
in rural reservations. We have to take our people as far as
Billings, Montana or Great Falls, Montana. It just takes too
much time. If there is any possibility of any kind of survival,
it would really be lessened because of the distance to the
trauma center from our reservations and I think most of the
reservations in Montana.
Senator Daines. You also mentioned that Fort Peck has
enacted ordinances to make not wearing a seat belt a primary
offense, and to ban domestic animals on highway rights-of-way.
Have these led to a noticeable improvement in highway safety?
Mr. Kirn. Absolutely, Senator. Montana doesn't even have
the primary seat belt law. We just thought that because of the
highway fatalities and the possibility of them, we as a tribal
council member, and part of our tribal council, we implemented
a primary safety seat belt law. We also introduced a primary
law to ban cell phone or any kind of use of phones while they
are driving. It has been doing quite good. We have had good
results. I couldn't give you the figures, because it has only
been about a year since we have done that.
Also, the Fort Peck Tribe does not have an open range law
for animals. We try to ban that from happening. Traditionally,
Native Americans have livestock and their horses, in winter
time, they usually turn them out. Because the farmers don't
really have too much damage in the winter time, they tolerate
them. But we try to educate the people on the hazards of
livestock roaming on the open roads and also the people who are
driving to watch out for them. So education is really
important. With the funding that we could get from this
program, we could educate people on those hazards.
Senator Daines. Great. Thanks, Mr. Kirn.
I would like to yield my additional time that I have for
the graciousness of the Senator from Minnesota, Senator
Franken.
Senator Franken. [Presiding.] Thank you, Senator. I am now,
I guess, the chairman. So I would like to thank the Chair for
this very important meeting on this important topic. I am
stunned by the testimony of exactly what the Senator from
Montana just raised, which is the outsize number of fatalities
that we see in Indian Country, by percentage of population. I
commend you for the work that you have done.
I personally think that we need to invest in our
infrastructure all over the Country. I believe that Indian
Country, given my experience here, doesn't always get first
priority. Unless we really do something about our entire
national infrastructure, you are not going to be getting the
funds that you need. So this is an absolutely essential thing
that we need to do. We can't keep doing these short-term
patches on MAP-21, et cetera.
I was up at Leech Lake Reservation, went to the Bug-O-Nay-
Ge-Shig School, which is a school that they have been trying to
get replaced. The physical plant is a disgrace. Not only that,
but some of the kids have a 100-mile round trip to the school
every day. On top of everything else, it snows a lot in
Minnesota, as you might know. I know it does in Montana. The
roads, when it snows, the amount of plowing that is done
compared to everywhere else, all of that then takes time out of
the kids' school day as if they needed that.
So there is a deficit in infrastructure in Indian Country.
Congress has to work to fix that.
Mr. Smith, can you talk to me more about how you end up
making transportation funding decisions when you simply don't
have enough resources in the first place? How do you make those
decisions?
Mr. Smith. On Wind River, we have hearings ourselves on
what is called a transportation improvement program. Then the
councils set the priorities. Then for the priorities, you are
able to meet with your financial funds at hand are the
priorities you try to complete. But much like my associate
Delbert, we have roads in Wyoming that suffer the same dilemma
in the State process. When they can't get a road funded, they
have to reschedule that part of the road, if it is going to be
a chip-seal, if it going to be a maintenance patch, however you
can afford to do it is how we operate on getting our roads in a
priority.
It is usually done by school bus routes, our priority. Then
also roads for people who have to get into medical clinics
daily or very often, once a week or twice a week need to have
their priorities. We run our snow plow in the winter time, we
will begin operating them at 3 or 4 o'clock in the morning over
a certain level of snowfall so our snow plows can be effective.
And then we run those daily with the county and the State and
process whatever road it is, plow gets dropped on it. And we do
that cooperatively amongst each other to improve our road
conditions in the winter time.
Senator Franken. So you use triage, essentially, and do the
best you can with what you have.
Mr. Smith. Correct.
Senator Franken. Most important first.
While funding is a huge issue and a crucial issue, so is
addressing transportation safety through education. The White
Earth Band of the Ojibwe has partnered with the University of
Minnesota to develop a safety curriculum for Native American
youth. I think it is important that safety education starts
early. Councilman Kirn, can you talk about the role of
education in improving seat belt use, I know you made it a law,
and just transportation safety more generally?
Mr. Kirn. Absolutely, Senator Franken. Education is key to
increasing effectiveness of increased seat belt and child
constraint usage. In some cases, child restraints are not
readily available for young families and education on proper
use is unavailable. Seat belt use is significantly lower among
Native Americans and on Indian reservations. The target age
group is like 16 to 35 years old.
Public service announcement campaigns have also shown an
increased awareness for this age group. Funding for safety
education on reservations has always been extremely limited and
increased funding would reach a greater number of the targeted
age groups. Alcohol and drugs contribute to the vehicle
accidents on reservations and are often not considered as major
factors to the accident rate.
So educational campaigns are very important to us.
Senator Franken. Thank you.
Unfortunately, I have to go vote. The Committee will stand
in recess while the chairman makes his way back from the vote.
I want to thank you all for your testimony, and also for the
great work that you are doing. Thank you.
[Recess.]
The Chairman. [Presiding.] I want to thank you all for your
patience as we have gone back and forth between the votes.
Mr. Kirn, I wanted to ask you if I could, in your written
testimony you cite the Centers for Disease Control, how they
found that from 2004 to 2010, Wyoming and Montana were among
the top five States with the highest motor vehicle-related
death rates among Native Americans. In Wyoming, a good
partnership between the State and the tribes helps to find ways
to improve road safety. This partnership, I believe, has
significantly reduced motor vehicle-related fatalities on the
Wind River Reservation. We have heard testimony to that effect
today.
How do you think other States could be incentivized to
partner with tribes to improve road safety?
Mr. Kirn. I think in good data collection systems, Senator
Barrasso. I would like to also thank you for this opportunity
to testify. As a former resident of Campbell County, Wyoming, I
appreciate this opportunity.
The Chairman. We are having the crawfish boil this Friday.
So you know how big of a deal that is. If you can get back, we
would love to have you.
[Laughter.]
Mr. Kirn. Numerous studies have confirmed that motor
vehicle accidents are significantly under-reported in Native
American and Indian reservations. One study showed that Native
American crashes and deaths were three times higher than the
general population. Good data collection on vehicle accidents
is poorly collected, and a good data system has not been
developed or implemented across Indian Country.
As a member of the Montana Board of Crime Control for the
last 12 years, we have been trying to work with reservations to
collect more data. Data really drives funding. We need to do
that to get more funds to be able to handle these problems. We
are working on that with tribes in Montana also right now. I
think that once we get that data collection system up, I think
we will probably have better results on all these types of
funding and also for helping resolve some of these problems
with crashes.
The Chairman. Mr. Black, the BIA manages thousands and
thousands of miles of roads, almost 1,000 bridges. According to
the Department of Interior's budget justification for fiscal
year 2016, only about 17 percent of these roads, 63 percent of
the bridges, are listed as acceptable, in acceptable condition.
So addressing the poor conditions of these roads is going to
require more than just money. Strategic planning and efficient
administration are also critical.
Can you describe the Bureau of Indian Affairs' strategy and
plan of action to ensure that the agency can actually
effectively manage this program and improve road safety?
Mr. Black. I would be happy to get back to you with more
specifics, Senator. But I think the answer to that, a lot of it
is the collaboration between the tribes, the States, the
counties and the Bureau of Indian Affairs and our other Federal
partners to really come together and put our heads together. We
know in the situation we are in, I think Senator Franken said
it best, the States and everybody are facing crises in
infrastructure right now. We are going to have to work together
and pull together to see how we can best handle and manage the
transportation program throughout Indian Country.
The Chairman. The National Tribal Transportation Facility
Inventory consists of about 160,000 miles of public roads with
multiple owners, including, as you said, as Senator Franken
said, tribal governments, Federal Government, State government,
local government. And when there is an accident on a roadway,
damages can occur to government property, including bridges,
guard rails, signs, curbs, sidewalks, all the things that are
related.
Typically, insurance payments are collected of the damages
that motorists have caused to public infrastructure. Are there
different options that tribes can pursue to recover damages to
the property caused by motorists?
Mr. Black. At this time, I am not sure. I am not aware of
any mechanism that is out there that would allow either the
Bureau of Indian Affairs or tribes to collect funding for
damages to roads. Currently that is not something we track. I
would be happy to go back and see if there are some options
that we can present.
The Chairman. It does seem as a result of some of these
accidents that there are unrecovered damages to Federal, tribal
property in Indian Country. I don't know if anyone else has any
thoughts on that or any suggestions or anything that you have
done individually. Mr. McOmie?
Mr. McOmie. Mr. Chairman, the Wyoming Department of
Transportation, we do track accidents that damage our property.
We actually go and bill the individuals. Generally it is the
insurance companies that pay for that. We have recently had a
couple of bridge strikes, for example, that were well in excess
of a million dollars. So we are recouping that money from the
insurance companies.
So I think that is an option. Again, you need a good
tracking mechanism for damage repairs. But I believe most State
DOTs operate in a similar fashion.
The Chairman. Okay, thank you.
Anything else any of you would like to add as a result of
the hearings today? Yes, sir.
Mr. Chavarria. Yes, Mr. Chairman. Just reducing
transportation fatalities and serious injuries with any
sustained success requires all four elements of highway safety
to be addressed: engineering, enforcement, education and
emergency services. A tribal safety program, whether large or
small, should work to address the four Es.
And its foundation, which is data. Data collection and
analysis provides technical staff and decision makers the
ability to identify and prioritize safety issues. This goes
back to crash data and roadway data and citation information,
provides a basis for developing a safety plan, proposing
strategies and developing needed education programs on tribal
lands. The strategies that follow in this safety plan will
support Santa Clara's tribal government as they manage the
safety program, working with the BIA, Department of
Transportation and the State and local government, the
counties. That is very important, Mr. Chairman.
The Chairman. For anyone who didn't have their pen out when
you started on the four Es, can you go over those four Es
again?
Mr. Chavarria. That is engineering, enforcement, education
and emergency services.
The Chairman. Thank you so much. I appreciate everyone's
testimony today. Thank you so much for being with us.
If there are no more questions, and there don't appear to
be, members may also submit follow-up written questions. They
can do that for the record, so the hearing record will be open
for two more weeks. I want to thank all of you for being here
today and for working with us as we have tried to go through a
number of votes on the Senate Floor. I thank you for your time
and for your testimony today.
This hearing is adjourned.
[Whereupon, at 3:44 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Dave Archambault II, Chairman, Standing Rock
Sioux Tribe
As this Congress works to find a robust, bipartisan, and bicameral
solution to ensure solvency for the Highway Trust fund and pass a long-
term reauthorization to the current highway legislation, we ask that
Indian tribes be fully included. We are not now.
The current state of transportation infrastructure in Indian
Country is unacceptable. Longstanding funding shortfalls and
bureaucratic inefficiencies have resulted in road systems that are
unsafe--motor vehicle-related death rates for Native Americans are 1.5
times as high as that of white and African Americans, and Native
American infants are 8 times as likely to die in a motor-vehicle
related incident as non-hispanic whites and hinder much-needed economic
development and jobs. Our Tribal government is working hard to build
our communities and strengthen our economy, but it takes modern
transportation infrastructure to safely move people and goods through
and within our communities arid territory. The next highway bill must
break down transportation barriers that now exist in Indian Country.
With MAP-21 expiring May 31st, Congress has an opportunity to
significantly improve this situation. The Tribal Transportation Unity
Caucus (TTUC), a broad coalition of diverse Indian tribes from across
the country, has proposed a legislative package that includes fair and
equitable funding increases and common-sense program improvements to
address Indian Country's backlog of crumbling or nonexistent
transportation infrastructure, promote Tribal economic development, and
reduce the tragic and unacceptably high rate of motor vehicle
fatalities and pedestrian deaths among Native Americans.
We join the TTUC, the National Congress of American Indians (NCAI),
the Intertribal Transportation Association (ITA), and many other Tribes
and Tribal organizations across the country in supporting these
proposals. We ask that you do so as well.
In the next highway bill, we ask that you more than restore MAP-
21's $14 million funding reduction to the Tribal Transportation Program
(TTP) and recognize how much more we could do if the TTP were funded
along the lines of the TTUA proposals. We ask that Congress restore the
obligation limitation deduction exemption (the deduction has removed
$320 million from the IRR and Tribal Transportation Programs since
FY2005), fund the Tribal High Priority Projects (HPP) Program
authorized, but not funded, in MAP-21, and open it to every Indian
tribe regardless of size to help us supplement our ``tribal shares''
under the TTP funding formula. We ask that Congress increase highway
safety funds so that we may reduce alcohol-involved crashes and enhance
seat belt and child safety seat compliance.
We further ask that Congress enact common sense streamlining
provisions, such as making tribes eligible direct recipients of all
U.S. Department of Transportation discretionary and competitive grants,
extend the highly successful tribal self-governance policy to the U.S.
Department of Transportation (USDOT), and expand the use of existing
Tribal Transportation Program agreements so that tribes may receive
other USDOT transportation funds (e.g., Federal Transit Administration
and National Highway Traffic Safety Administration funds).
Many of these proposed legislative provisions would come at no
additional cost, but would instead provide easier access to funding
sources technically available but costly for Tribes to access. These
recommendations will make a world of difference if Congress enacts
them.
When given the chance, Tribal governments have proven time and
again that we can make productive use of our limited resources to
improve the lives of our Tribal members and others using our roadways.
We can do so much more with your help and partnership. Please support
the TTUC's common-sense proposals. The federal trust responsibility
demands no less.
______
Prepared Statement of Hon. Fred S. Vallo, Sr., Governor, Pueblo of
Acoma
Introduction. This testimony is intended to supplement the
testimony provided by the Honorable J. Michael Chavarria, Governor of
the Santa Clara Pueblo before the Committee in the above titled
hearing. In his testimony, Governor Chavarria noted:
``Santa Clara does not have a railroad passing through our
lands, but many other tribes do. We have been advised that
railroad crossings in Indian Country pose a significant hazard.
For example, the Pueblo of Acoma has its community housing and
public safety facilities on the south-side of the BNSF tracks,
while the hospital, the interstate (with 200,000 cars passing a
day) and two major transcontinental pipelines lie on the north-
side. With over 85 trains a day, each about two miles long,
Acoma has sought Transportation Investment Generating Economic
Recovery (TIGER) funding for a bridge to prevent delays for
public safety services and to reduce the risk of accidents.
There is no set-aside in TIGER for tribes, but there should be.
Tribes seem to be getting a very small share of these funds
despite the substantial need.''
This supplemental testimony briefly describes the issues that Acoma
has been dealing with and then provides more detail on the specific
example of the railroad crossing.
Mesa Hill Bridge and Road Extension Project--Acoma Pueblo, New Mexico
Issues
Issue 1--The Pueblo of Application submitted U.S. Department
of Transportation TIGER I to TIGER VI construction funding
applications every year and were denied. National competition
is very competitive.
Issue 2--The U.S. Department of Transportation TIGER Program
attempts to fund many projects nationally thereby reducing
Pueblo of Acoma's full amount for the bridge and road
construction project. This disqualifies Acoma Pueblo and other
rural Indian tribes from the beginning of application
eligibility criteria.
Issue 3--The U.S. Department of Transportation should set-
aside TIGER grant funds for rural, Indian tribes.
Issue 4--The U.S. Department of Transportation TIGER Program
should not penalize Indian tribes from receiving a TIGER award
if matching funds are not possible.
Project Description
The Mesa Hill Bridge and Road Extension Project is to construct a
1,160-foot span bridge superstructure and increase 0.718 miles of
roadway from SP 36 to SP 30 including a turning lane on SP 30. The
project site is 1.0 mile south of Interstate 40 at Exit 100. The road
and bridge will go over the Burlington Northern Santa Fe (BNSF)
Railway's two-main lines which will reserve room for a possible third
track, the Rio San Jose, two traditional irrigation systems, Kinder
Morgan (natural gas) utility service lines and traditional farming
lands. The project is construction ready.
Safety Factors
The bridge design over the BNSF Railway accomplishes long term
public safety needs that complement economic growth. First, the
overpass design will allow BNSF Railway to proceed with its intense
transportation schedule through rural federal reservation tribal lands.
The multimodal movement on the railway and roadway provides a safe,
connected and accessible system for the delivery of goods and people.
Vehicle traffic will be minimized at nearby rail at-grade crossings.
This will minimize or even eliminate the potential of vehicle-train
collisions.
According to the Office of Safety Analysis, Federal Railroad
Administration, U.S. Department of Transportation website, the BNSF
Railway highway-rail and trespassing incidents account for a
significant number of all incidents:
------------------------------------------------------------------------
Nation-Wide 2009 2010 2011 2012 2013
------------------------------------------------------------------------
Total Accidents/Incidents 1614 1670 1530 1318 1312
Total fatalities 123 123 106 79 115
Highway-Rail and Trespassing 257 297 289 286 312
Incidents
Total Fatalities 115 118 100 75 112
Percentage of all fatalities 94% 96% 94% 95% 97%
------------------------------------------------------------------------
The Office of Safety Analysis defines total accidents and incidents
as the sum of train accidents, highway-rail and other incidents.
Highway-rail and trespassing incidents are impacts between a rail and a
highway user at a crossing site, regardless of severity; this includes
motor vehicles and other highway/roadway/sidewalk users at both public
and private at-grade crossings.
In the State of New Mexico, the percentage of total fatalities is
100 percent at-grade crossings and sidewalks:
------------------------------------------------------------------------
New Mexico 2009 2010 2011 2012 2013
------------------------------------------------------------------------
Total Accidents/Incidents 56 52 38 38 45
Total fatalities 11 8 6 1 7
Highway-Rail & Trespassing 6 3 2 3 7
Incidents
Total Fatalities 9 8 6 1 7
Percentage of all fatalities 82% 100% 100% 100% 100%
------------------------------------------------------------------------
In a no-build situation, the result would be that the fatality
rates at at-grade crossings and pedestrians crossing at railroad tracks
will continue to remain the same or increase. This would be
devastating. Currently, it takes 4 minutes for a train to pass on one
track. At times, there is another train passing on the second track
increasing the wait time to 8 minutes. If a third track is installed,
the wait time will be increased to 12 minutes. Four minutes alone is
crucial in a life and death situation.
Second, in a build situation, the bridge design will eliminate
delays when emergency responders must stop at at-grade crossings to
allow trains to travel. According to Acoma police reports for 2013,
when responding to emergency calls the following train delays were
recorded:
January at 8 delays July at 7 delays
February at 2 delays August at 4 delays
March at 2 delays September at 4 delays
April at 2 delays October at 4 delays
May at 4 delays November 0 delays
June at 3 delays December 0 delays
There is an average of 3.33 delays per month for the past year.
Between January 2007 to December 2012, the Acoma Pueblo Public
Safety Department responded to 301 vehicle accidents or an average of
40.5 vehicle accidents per year. Vehicle accidents occurred on the
following major roads:
Pueblo Road, SP 30 74
Sky City Casino area, Exit 102 off I-40 67
Interstate 40 51
Pinsbaari Road, SP 32 27
Haaku Road, SP 38 24
------------------------------------------------------------------------
TOTAL 243
------------------------------------------------------------------------
Nearly half of vehicle accidents listed above are on Interstate 40
and at Interstate 40 Exit 102 area. The Acoma Pueblo Police Department
must cross the railroad tracks to these high vehicle traffic and
population areas. It is important to note that from Interstate 40,
tourists and visitors travel on Pueblo Road and cross the railroad
tracks to Pinsbaari Road and Haaku Road which leads to the national
historic site of ``Sky City.''
For the past 3 years, the Acoma Pueblo Fire Department responded to
an average of 930 emergency calls per year:
Structure Fires 6 6 7
Vehicle Fires 12 11 16
Vegetation Fires 51 46 39
EMS Incidents 412 547 621
Rescue Incidents 71 95 115
Hazmat Incidents 12 16 25
Service Incidents 54 61 74
Public Assistance 47 52 65
False Alarms 39 64 73
Other 42 53 59
------------------------------------------------------------------------
TOTAL 746 951 1094
------------------------------------------------------------------------
There is excellent collaboration with other off-reservation public
safety agencies. The nearby community of Cubero has a volunteer fire
department and has assisted with several calls on Acoma Pueblo lands.
The Acoma Pueblo fire department and police department are assisted
with county and state public safety agencies in a number of incidents
such as bomb threats, natural disasters, hazardous spills and
interstate traffic accidents.
The two major at-grade crossings on Acoma Pueblo lands are 6.7
miles apart. When one at-grade crossing is closed due to railway
traffic stoppage or railway incident, our emergency responders must
travel an additional 13 miles or greater which increases response time
to 28 minutes or greater--this is unacceptable! The construction of the
proposed bridge is needed because it will be located in a centralized
location between the two major at-grade crossings thereby reducing
significant time to respond to emergencies.
Third, worker traffic is over 810 people per day coming to work at
Acoma Pueblo tribal government, schools, hospital and businesses. There
are several hundreds of workers that drive to off-reservation work
sites. For example, workers travel to Albuquerque, Laguna Pueblo,
Cubero, Grants, Gallup and areas in between. School children are bused
to nearby off-reservation towns at Grants, Laguna Pueblo, San Fidel and
Cubero. Community residents also travel to post-secondary schools at
Albuquerque and Grants. Emergency responders will reach accidents in
less time with no train delays. Visitors, tourists and all travelers
will be reached in an efficient manner when accidents occur on or near
tribal lands including access to the local hospital.
In 2013, Acoma Pueblo submitted our written comments and
recommendations to the New Mexico Department of Transportation (NMDOT)
in regards to the New Mexico Railway Plan. Our comments focused on
railway safety concerns including the need for the Mesa Hill Bridge and
Road Extension Project. Additional comments included establishing quiet
zones, railway right-of-way maintenance and fencing, and eliminating
vibration damage to historical buildings.
______
Prepared Statement of:
Hon. W. Ron Allen, Chairman, Self-Governance Communication and
Education Tribal Consortium
Hon. Melanie Bahnke, President, Kawerak, Inc.
Hon. Michael Baines, Tribal Chairman, Sitka Tribe of Alaska
Hon. Linda Capps, Vice Chairman, Citizen Potawatomi Nation
Hon. Bill Follis, Chief, Modoc Tribe of Oklahoma
Hon. Norman Hildebrand, Jr., Second Chief, Wyandotte Nation of
Oklahoma
Hon. George Thurman, Principal Chief, Sac and Fox Nation
The Self-Governance Tribes listed above want to thank you for
holding the important Senate Committee on Indian Affairs' hearing,
``Tribal Transportation: Pathways to Safer Roads in Indian Country,''
and to share our comments for the Committee hearing record. We are
tribes who have assumed responsibility to administer and deliver
federal programs and services to our members under the Self-Governance
titles of the Indian Self-Determination and Education Assistance Act
(ISDEAA).
We strongly agree with your opening statements and the witness
testimony from the April 22, 2015, hearing that emphasized that safe
and adequate roads and highways are critical to public safety, health,
education, and commerce. On a daily basis, our tribal members and our
communities experience the unacceptable road conditions that have made
vehicle crashes the leading cause of death for Native American children
and youth. We urge your leadership in working with us to make our roads
a safer and more reliable component of the infrastructure network that
will enable our communities to thrive.
We also express our strong support for the testimony of Santa Clara
Pueblo Governor Michael Chavarria who urged Congress to fully extend
the ISDEAA to the United States Department of Transportation (DOT). Our
experiences demonstrate the effectiveness of the ISDEAA in promoting
tribal self-determination and show that federal dollars have the
greatest impact and efficiency when administered at the local level by
the Tribes themselves. Accordingly, we fully support Governor
Chavarria's request that the Committee and its members introduce and
pass companion legislation to the Tribal Transportation Self-Governance
Act of 2015, sponsored by Representatives DeFazio and Young in the
House as H.R. 1068.
The language in H.R. 1068 has been endorsed by the National
Congress of American Indians and the Intertribal Transportation
Association. Its terms are also incorporated as a component of the
tribal reauthorization proposal known as the ``Tribal Transportation
Unity Act.'' The terms of H.R. 1068 have also enjoyed bipartisan
support in the Congress. In 2012, the identical provisions were
included as Section 1506 of H.R. 7, which was passed out of the House
Transportation and Infrastructure Committee (but which was not acted
upon by the full Congress).
Passage of the Tribal Transportation Self-Governance Act of 2015
would create in DOT a Tribal Self-Governance Program approximating
Title V of ISDEAA, which applies to the Department of Health and Human
Services. This would mean that tribes would be able to obtain all of
their transportation funds (including not only their Tribal
Transportation Program (TTP) funds, but also transit, Federal-aid and
other DOT funds) under a DOT self-governance agreement. By authorizing
Tribes to elect to use these ISDEAA funding agreements for all their
transportation funds (and requiring DOT to respect that election),
Congress would enable tribes to streamline administrative procedures
associated with the various DOT programs and would facilitate a faster
project delivery timeline. Getting safe and reliable transportation
infrastructure on the ground and into operation faster and more cost
effectively are objectives we all support.
Our experience with Self-Governance stands as strong testament to
the expectation that by extending Self-Governance to DOT and placing
more authority at the local tribal level, tribes will be best
positioned to meet the safety and transportation infrastructure needs
of our communities, our commerce and of the traveling public.
Thank you for your consideration.
______
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