Tribal Highway and Public Transportation Programs

Tribal Highway and Public Transportation Programs

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June 7, 2022
Tribal Highway and Public Transportation Programs
The federal government recognizes 574 Indian tribes and
more than twice as high as in other rural areas. Many tribal
Alaska Native villages and holds about 55 million acres of
areas, however, are not served by public transportation.

land in trust for tribal entities and individual tribal
members. Tribal lands—including reservations, pueblos,
Infrastructure Investment and Jobs Act
rancherias, missions, villages, and communities—are
The IIJA authorized and appropriated about $1.1 billion
typically rural and sparsely populated. Accessing jobs and
annually for tribal transportation programs for FY2022-
community services, such as doctors, hospitals, schools,
FY2026, about an 80% increase from the annual funding
and retail stores, often requires traveling long distances.
authorized under prior law (unadjusted for inflation). This
Cars and trucks are the primary means of transportation on
annual average amount includes $709 million of contract
tribal lands, although public transportation buses and vans,
authority from the Highway Trust Fund, $185 million
snowmobiles, all-terrain vehicles, boats, airplanes, and
appropriated from the general fund of the U.S. Treasury,
other conveyances are important in some areas.
and $234 million authorized from the general fund subject
to appropriation (Figure 1). Of the total amount authorized
Federal funding to tribes for highways and public
and appropriated annually under the IIJA, $1.082 billion is
transportation that provide access to and across tribal land
for highways and $45.8 million for public transportation.
through several programs is authorized by the Infrastructure
Figure 1. Tribal Surface Transportation Funding
Investment and Jobs Act (IIJA; P.L. 117-58). Highways are
supported mainly by the Tribal Transportation Program
Annual Average, FY2022-FY2026 (unadjusted for inflation)
(TTP; 23 U.S.C. §202) jointly administered by the Federal
Highway Administration (FHWA) in the Department of
Transportation (DOT) and the Bureau of Indian Affairs
(BIA) in the Department of the Interior. Public
transportation is supported by the Public Transportation on
Indian Reservations Program (49 U.S.C §5311(c)(2))
administered by DOT’s Federal Transit Administration.
Additionally, tribes are often eligible to compete with states
and local governments for discretionary surface
transportation grants. State departments of transportation

Source: Infrastructure Investment and Jobs Act (P.L. 117-58).
may also use federal funds under their control to improve
tribal transportation facilities, if they wish.
Tribal Highway Funding
Most highway funding is distributed by formula to tribes
Tribal Surface Transportation System
through the TTP and can be used on a wide variety of
Responsibility for public road infrastructure on, or that
projects. Up to 5% of funding is reserved for program
provides access to, tribal lands lies with governmental
administration (including the costs of Tribal Technical
entities at all levels—tribal, federal, state, and local. Of the
Assistance Centers) and 4% for safety projects. Another 2%
157,000 miles of road listed in the National Tribal
of the total is allocated for planning and $9 million per year
Transportation Facility Inventory—a database of existing
is for the Tribal High Priority Projects Program. The
and proposed roads maintained by the BIA in cooperation
remainder is distributed among the tribes. The IIJA also
with FHWA—roughly 31,000 miles are BIA-system roads,
provided $1 billion over five years for tribal bridges. This is
26,000 miles are tribal-system roads, and 100,000 miles are
a sizable increase from the $73 million reserved for tribal
state and local government roads. About 11,500 miles of
bridges annually under prior law.
roads in the inventory do not exist but are planned or
proposed. Much of the tribal highway system is
The IIJA created several new discretionary highway grant
rudimentary; FHWA estimates that about 70% of BIA-
programs for which tribal projects are eligible (Table 1).
system roads and 75% of tribal-system roads are unpaved.
The PROTECT Program (23 U.S.C. §176(d)), aimed at
increasing the resilience of highway infrastructure to
There are about 125 tribal transit agencies that provide
weather events and natural disasters, sets aside at least 2%
public transportation services on tribal lands. Prior to the
for Indian tribes, a total of $28 million over five years. In
Coronavirus Disease 2019 pandemic, these agencies
the other discretionary programs, tribes must compete with
provided about 3.3 million trips annually, predominantly
other eligible entities, mostly state and local governments.
using fixed-route and demand-responsive buses and vans.
Two competitive, multimodal grant programs may also
Public transportation can be an important means of travel
provide opportunities for tribes. These are the Local and
on tribal lands because the share of households in poverty
Regional Project Assistance program, known as RAISE
and the share of households without a personal vehicle are
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Tribal Highway and Public Transportation Programs
grants, and the National Infrastructure Project Assistance
Tribal Public Transportation Funding
program, known as MEGA grants.
The IIJA authorized an average of nearly $46 million
annually from the Highway Trust Fund for the Public
The IIJA authorized, subject to appropriation, BIA Road
Transportation on Indian Reservations Program, a 30%
Maintenance funding at an average of $54 million per year.
increase from prior law. Some 80% of this funding is to be
These funds are typically appropriated in the annual
distributed by formula and 20% competitively. The formula
Department of the Interior appropriations bill. These funds
involves the amount of public transportation vehicle
go mainly for maintaining roads and bridges on the BIA
revenue miles driven and the number of low-income
system. According to BIA, in FY2021, 87% of BIA roads
individuals living on the tribe’s lands. The IIJA also
and 29% of BIA bridges were in an unacceptable condition.
provided funding for discretionary grant programs, and
Unpaved roads are considered unacceptable by definition.
tribes may compete against other public transportation
Table 1. Tribal Highway Funding in IIJA
providers for these funds. For example, the IIJA provided
almost $400 million annually for discretionary bus and bus
Average Annual, FY2022-FY2026
facilities grants and $1.1 billion annually for discretionary

$ in millions
low or no emission bus grants.
Total Authorized and Appropriated
1,082.4
Policy Issues
Total HTF and Appropriated
848.4
Despite the increase in funding for tribal transportation and
Tribal Transportation Program (HTF)
602.4
highway safety, the IIJA does not fully address the long-
Administration [set-aside]
30.1
standing transportation challenges on tribal lands. One of
the main funding issues is the cost of upgrading a poorly
Planning [set-aside]
12.0
developed road network that is mostly unpaved. Another is
Safety [set-aside]
24.1
improving highway safety, which remains a major issue on
Tribal High Priority Project Program [set-aside]
9.0
tribal lands due to a confluence of factors, including poor
road infrastructure, high rates of alcohol-impaired driving
Natl. Sig. Federal Lands & Tribal Proj. (HTF)
27.5
and speeding, long accident response times by emergency
Tribal Transportation Facility Bridge (HTF, GF)
205.0
services, low rates of seatbelt and child-seat use, and lack of
Competitive PROTECT Grants (HTF)
5.6
sidewalks and marked crossings for pedestrians.
NHTSA Safety Grants (HTF, GF)
8.0
The formula distribution of TTP funding is based partly on
Total Authorized Subject to Appropriation
234.0
tribal population and the national inventory, which includes
Tribal High Priority Project Program (GF STA)
30.0
roads that are not the responsibility of the tribes and roads
that do not yet exist. Many tribes, particularly those with
Natl. Sig. Federal Lands & Tribal Proj. (GF STA)
150.0
extensive lands in the western states, complain that this
BIA Road Maintenance Program (GF STA)
54.0
results in a distribution of tribal highway funds that does
not correspond with the extent of roads they maintain.
Source: Infrastructure Investment and Jobs Act (P.L. 117-58).
Legislative changes to the formula can be difficult to enact
Notes: HTF = Highway Trust Fund; GF = General Fund; GF STA =
because, all else being equal, gains by some tribes would
General Fund, Subject to Appropriation.
result in losses by others.
Tribal Highway Safety
Another funding issue is the high cost of providing public
The main source of funding for highway safety on tribal
transportation to people living on tribal lands. Many tribal
lands is the 4% set-aside for safety from the TTP, about $24
areas have very low population densities even when
million per year, that goes to the Tribal Transportation
compared with other rural areas. Public transportation,
Program Safety Fund. This is an increase from the 2% set-
which may entail a van driving for miles over gravel roads,
aside under prior law that amounted to about $10 million
is especially difficult and costly to provide in such
per year. Grants are made by FHWA to tribes through a
circumstances. In 2019, the mean operating expense per trip
competitive process. Eligible projects include safety
for tribal transit was $18.39, compared with $11.75 in all
improvements to highway infrastructure, safety planning,
rural areas.
and crash data assessment, improvement, and analysis.
Although the IIJA created several new competitive grant
Tribes also receive about $8 million per year from the
funding opportunities, tribes face barriers in the application
National Highway Traffic Safety Administration’s State
process. Some lack resources to apply for such grants, and
Highway Safety Program, commonly referred to as Section
some do not have adequate internet service so they could
402 safety grants. These funds are distributed by formula to
apply for such grants electronically. Another barrier to
states and territories, but with not less than 2% for use on
tribes in the pursuit of competitive grant funding is the
tribal lands. Grants are focused on projects to reduce deaths
matching share. Tribes do not need to provide any matching
and injuries from unsafe driving behavior.
share in the use of federal formula funds. However, this is
not always true for competitive programs.
The IIJA also provided $1 billion per year for a new
competitive grant program, the Safe Streets for All
William J. Mallett, Specialist in Transportation Policy
Program. Eligible applicants are tribal and local
governments, and metropolitan planning organizations.
IF12129
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Tribal Highway and Public Transportation Programs

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