[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48953-48955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12607]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Public Transportation on Indian Reservations Program; Tribal 
Transit Program; Response to Comments

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

ACTION: Responses to the request for comments and in-person and virtual 
consultations.

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SUMMARY: This notice summarizes and responds to comments the Federal 
Transit Administration (FTA) received in response to an August 15, 
2023, Federal Register notice, a September 25, 2023, in-person 
consultation session, and a November 2, 2023, virtual consultation 
session regarding how the FTA Tribal Transit competitive program and 
technical assistance should be provided to Tribes.

DATES: Applicable date: June 10, 2024.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

A. Program Overview
B. Outreach and Consultation Schedule in 2023
C. Changes to the Tribal Transit Competitive Program: Comments and 
Responses
D. Tribal Transit Technical Assistance Improvements

A. Program Overview

    Federal public transportation law (49 U.S.C. 5338(a)(2)(F) and 49 
U.S.C. 5311(j)), as amended by the Infrastructure Investment and Jobs 
Act (Pub. L. 117-58, the Bipartisan Infrastructure Law or BIL), 
authorizes the Public Transportation on Indian Reservations Program 
(the Tribal Transit Program or TTP) for Fiscal Years (FY) 2022-2026. 
The TTP is funded as a takedown from the FTA's Formula Grants for Rural 
Areas Program under 49 U.S.C. 5311. Eligible direct recipients are 
federally recognized American Indian Tribes and Alaskan Native 
Villages, groups and communities providing public transportation in 
rural areas, as identified by the U.S. Department of the Interior (DOI) 
Bureau of Indian Affairs (BIA) and published in the Federal Register 
(89 FR 944). The TTP funds are allocated for grants to eligible 
recipients for any purpose eligible under 49 U.S.C. 5311 including 
capital, operating, and planning projects. The TTP includes a formula 
component and a competitive component. BIL authorizes a total of $229 
million over five years, of which $183.3 million is for the TTP formula 
program, and $45.8 million for the TTP competitive grant program.
    Based on the published solicitation of comments, and in-person and 
virtual consultations referenced in this notice, FTA is announcing 
certain policy changes to the TTP competitive program that may 
significantly affect Tribes. Pursuant to USDOT Order 5301.1A Department 
of Transportation Tribal Consultation Policy and Procedures, (https://www.transportation.gov/mission/department-transportation-tribal-consultation-policy-and-procedures) FTA, as an operating administration 
(OA) of the United States Department of Transportation (USDOT), is 
committed to fostering and facilitating positive government-to-
government consultations with federally recognized Indian Tribes before 
implementing any changes to FTA policies, programs, or services that 
may have Tribal implications.
    This notice is consistent with the policies and directives of 
Executive Order (E.O.) 13175, Consultation and Coordination with Indian 
Tribal Governments (65 FR 67249). The Federal Government's commitment 
to implement E.O. 13175 is reaffirmed in the Biden Administration's 
January 26, 2021, Presidential Memo on Tribal Consultation and 
Strengthening Nation-to-Nation Relationships (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-on-tribal-consultation-and-strengthening-nation-to-nation-relationships/) and the November 30, 2022, Presidential Memo on Uniform 
Standards for Tribal Consultation (https://www.whitehouse.gov/briefing-room/presidential-actions/2022/11/30/memorandum-on-uniform-standards-for-tribal-consultation/).
    The TTP has been administered under the results of the previous 
consultation for over a decade. During this time frame, funding and the 
number of Tribes participating in the TTP has increased, and Tribes 
have dealt with unforeseen circumstances related to the COVID-19 
pandemic, supply chain disruptions, and increases in the cost of goods 
and services. For example, with the authorization of BIL, the funding 
amount made available under the TTP competitive program increased by 83 
percent over levels authorized under the Fixing America's Surface 
Transportation (FAST) Act. Furthermore, since FY 2013, the number of 
Tribes receiving funding under the TTP formula program has grown from 
110 Tribes to 132 Tribes in FY 2024. Therefore, in light of these 
changing circumstances, FTA consulted with Tribal recipients to ensure 
the TTP policies are being administered in effective and beneficial 
ways.

B. Outreach and Consultation Activities in 2023

1. Outreach and Meetings

    An in-person consultation was held in conjunction with the National 
Transportation in Indian Country Conference (NTICC) in Anchorage, 
Alaska on September 25, 2023.
    Additionally, a virtual consultation was on held on November 2, 
2023. Tribes that are eligible recipients of FTA's TTP were encouraged 
to attend one or both of these meetings. Comments made at these 
meetings informed FTA's decision-making.

2. Consultation Activities in 2023

     In-Person listening session at the Department of 
Transportation Tribal Transit Symposium held in Oklahoma City: May 24-
25, 2023.
     Publication of a Federal Register notice with proposed 
program changes to the TTP competitive program: August 15, 2023 at 88 
FR 55498.
     In-person consultation meeting at the NTICC: September 25, 
2023.
     Virtual outreach meeting: November 2, 2023.

C. Changes to the Competitive Program: Comments and Responses

    A total of $45,812,610 is authorized for FY 2022-2026 for the TTP 
competitive grant program. Funds may be awarded to federally recognized 
Indian Tribes for any purpose authorized by 49 U.S.C. 5311. The

[[Page 48954]]

outcome of this consultation will impact the administration of TTP 
competitive funding awarded for FY 2024-2026. For FY 2024-2026, a total 
of $28,123,961 is made available under the TTP competitive program.

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                       Funding program                             FY 2024          FY 2025          FY 2026
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Tribal Transit Competitive Program...........................      $9,169,076       $9,358,487       $9,596,398
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    Program requirements for the TTP can be found in the FTA Circular 
9040.1G: Formula Grants for Rural Areas: Program Guidance and 
Application Instructions (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application).
    FTA received 29 comments from Tribes and other stakeholders and 
organizations from the in-person and virtual consultations, and through 
the docket opened for response to the August 15, 2023, Federal Register 
notice. The comments received from the Tribes and Tribal organizations 
were generally favorable to FTA's proposed implementation of the TTP. 
This section outlines the specific questions FTA asked during the 
consultations, the comment responses received, and FTA's response.
    1. Should TTP competitive program funds continue to support 
capital, operating and planning projects? These types of projects are 
currently eligible under the program. Limitations on certain activities 
will leave more funding available for the other types of activities. 
For example, limiting or removing operating projects as an eligible 
project type will leave more funding available for capital and planning 
projects.
    Comments: Several Tribes commented that capital and operating 
assistance are important for their Tribe's specific transit needs. One 
Tribe commented that capital funds are needed for the replacement of 
vehicles. Another Tribe commented that capital funds are vital to focus 
on climate change.
    Response: FTA will continue to support eligible capital, operating, 
and planning projects under the TTP competitive program. Additionally, 
Tribes are eligible to receive funding under other FTA programs such as 
the Buses and Bus Facilities Competitive Program (49 U.S.C. 5339(b)), 
which makes Federal resources available to replace, rehabilitate, and 
purchase buses and related equipment and to construct bus-related 
facilities, including technological changes or innovations to modify 
low or no emission vehicles or facilities.
    2. Should operating assistance under the TTP competitive program be 
limited based on the amount of TTP formula allocation received? Prior 
to the pandemic, FTA limited operating assistance to applicants who 
receive less than $20,000 under the TTP formula program. This threshold 
preserves TTP competitive funds for larger capital projects. Increasing 
or removing this threshold would potentially reduce the amount of 
funding available for capital projects.
    Comments: No comments were received for this question.
    Response: As in recent years, FTA will continue to allow all 
eligible Tribes to apply for operating assistance with no threshold 
implemented under the TTP competitive program.
    3. Should the TTP competitive program funds continue to support 
start-up, expansion, and replacement capital projects? These projects 
are currently eligible under the program. Should FTA prioritize start-
up projects in order to advance Tribal transit providers into the 
formula program? Once a Tribal transit provider begins operating 
service and providing service data to the National Transit Database, 
the provider will be eligible to receive TTP formula funds.
    Comments: Two Tribes commented that FTA should establish separate 
TTP competitive programs that support planning, operating, capital, and 
start-up projects.
    Response: Separating start-up projects from existing systems into 
two separate competitive programs would not increase the available 
funding. FTA will continue to administer the TTP competitive program as 
such and support eligible start-up, expansion, and replacement capital 
projects, as well as support planning and operating projects. This 
approach gives FTA maximum flexibility to award funding where it is 
needed most in a particular fiscal year under the TTP competitive 
program.
    4. Should FTA establish a minimum and/or maximum grant amount under 
the TTP competitive program? Currently, there is no minimum or maximum 
set for allocations under this program. However, planning grants are 
capped at $25,000. Establishing a maximum grant amount would preserve 
funds for additional projects but may prevent larger projects from 
being funded at the full request.
    Comments: One Tribe commented that establishing a minimum or 
maximum grant amount under the TTP competitive program is too 
restrictive and there should be no funding request limits.
    Response: There will be no set minimum or maximum grant award 
amount for capital or operating projects. FTA will fund capital and 
operating projects based on the merit of the application and the 
Tribe's ability to successfully address all evaluation criteria.
    5. Should FTA continue to cap planning grants at $25,000 under the 
TTP competitive program? Should FTA retain the cap for planning grants 
but set it at a different amount? This cap preserves TTP competitive 
funds for larger capital projects.
    Comments: Many Tribes commented that there should be an increase to 
the cap on planning grants under the TTP competitive program. Several 
Tribes commented that the cap for planning grants should be increased 
to $50,000.
    Response: Starting in FY 2024, FTA will increase the cap on 
planning grants to $50,000 under the TTP competitive program.
    6. Should FTA require a local match of 10 percent of total project 
costs for both capital and operating assistance projects under the TTP 
competitive program? If so, should FTA continue to include an option 
for Tribes to submit a local match waiver request? In recent years, 
there has been no match required for either the TPP competitive or 
formula programs. However, in the past, a 10 percent match was required 
on TTP competitive program projects, unless the Tribe applied for a 
hardship waiver. Requiring a local match would allow for more projects 
to be funded but may discourage some Tribes from applying for funding.
    Comments: Several Tribes commented in favor of eliminating the 
local match requirement or expanding the hardship waiver. One Tribe 
commented that it is difficult to obtain a match for smaller Tribal 
communities. Another Tribe commented that the local match hinders the 
Tribe's ability to apply for funds for needed programs. Another Tribe 
stated that it is discouraged from applying for grants where local 
match is required because of the administrative factor.
    Response: FTA will not require a local match for either capital or 
operating assistance projects under the TTP

[[Page 48955]]

competitive program. FTA already does not require a match for planning 
projects. FTA will still permit Tribes to voluntarily provide local 
match or contribute to their projects with eligible matching funds.
    7. Should FTA retain the condition that indirect costs not exceed 
10 percent of each TTP competitive grant allocation? Providing a cap on 
the percentage of a grant that can be applied to indirect costs 
reserves more funding for capital projects but may underestimate the 
true amount of indirect costs attributable to a project.
    Comments: One Tribe commented that the 10 percent is limited, while 
indirect cost expenses are significantly greater. Two Tribes commented 
to eliminate indirect cost eligibility. Another Tribe supported 
retaining the 10 percent indirect cost cap.
    Response: FTA will retain the condition that indirect costs do not 
exceed 10 percent of each TTP competitive grant allocation. This will 
ensure the limited competitive resources are spent on tangible transit 
services and equipment.
    8. Should FTA continue to provide Tribes 90 days to submit 
applications under the TTP competitive program Notice of Funding 
Opportunity? In the past, FTA has had either a 60-day or a 90-day 
deadline for application submission under the TTP competitive program.
    Comments: Two Tribes commented that FTA should maintain the 90-day 
window to submit proposals.
    Response: Since 2022, proposals under the TTP competitive program 
have been required to be submitted within 90 days. FTA will continue to 
provide Tribes 90 days to submit proposals under the TTP competitive 
program Notice of Funding Opportunity.
    9. Should FTA examine or alter any other aspect of the TTP 
competitive program?
    Comments: Several comments were received from Tribes requesting 
additional funding be made available under the TTP competitive program. 
One Tribe commented that FTA should consider listing examples of 
applications that were not funded.
    Response: In FY 2023, FTA allocated $9.9 million for capital, 
operating, and planning projects. The BIL includes nearly $46 million 
in competitive funding over five years for the TTP, an increase of 
nearly 83 percent. FTA will continue to offer debrief meetings to 
unsuccessful applicants. During the debrief, FTA explains why the 
competitive application was not funded and provides technical 
assistance that is intended to assist the Tribe in submitting a more 
competitive application in a subsequent competition. Since 2023, FTA 
has conducted approximately 20 debriefs for unsuccessful Tribal 
applicants.
    FTA also asked whether any Tribes had comments about the 
administration of the TTP formula program, however no comments were 
received on that topic.

D. Tribal Transit Technical Assistance Improvements

    Through the Tribal Transit Technical Assistance Assessments 
Initiative, FTA collaborates with TTP recipients to review processes 
and identify areas in need of improvement, and then assists by offering 
solutions to address these needs--all in a supportive manner that 
results in technical assistance. These assessments include discussions 
of compliance areas pursuant to FTA's Master Agreement (https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements), site visits, promising practices reviews, and 
technical assistance from FTA and its contractors. These assessments 
also provide FTA with opportunities to learn more about Tribal 
perspectives. To date, FTA has conducted 105 assessments and will 
conduct 34 additional assessments by the end of the FY 2024 assessment 
cycle.
    FTA also offers technical assistance to Tribes through its National 
Rural Transit Assistance Program (National RTAP) (https://www.nationalrtap.org/) and FTA Regional Offices (https://www.transit.dot.gov/about/regional-offices/regional-offices) provide 
direct technical assistance to Tribal recipients in their respective 
regions. FTA sought comments on its technical assistance efforts 
through the following question:
    1. How can FTA improve its technical assistance efforts for Tribal 
recipients?
    Comments: Two commenters requested more training resources for 
TrAMS and National Transit Database reporting. Two Tribes commented 
that more training should be available for transit planning and 
resources for the implementation of start-up transit services.
    Response: FTA will continue to improve, enhance, and expand 
technical assistance efforts for TrAMS and NTD. National RTAP offers 
resources for Tribal and rural transit providers and will continue to 
offer those resources and expand their technical assistance to include 
trainings on the implementation of a Tribal transit system. Some of the 
currently available National RTAP resources can be found at: https://www.nationalrtap.org/Toolkits/Transit-Managers-Toolkit/Tribal-Transit/Welcome.

Veronica Vanterpool,
Acting Administrator.
[FR Doc. 2024-12607 Filed 6-7-24; 8:45 am]
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