Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report (2012)

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Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report Page 87 CHAPTER 4 Mastering the Art of Transit INTRODUCTION The results of collecting data about current tribal transit programs and conducting in-depth interviews and site visits lead to several conclusions about what makes tribal transit programs successful. While almost every tribal transit program has faced obstacles to implementing or sustaining the service, successful programs have a number of factors in common. This chapter describes those practices that have been observed which help sustain public transit systems operated by tribes. The best practices range from funding to operations. These have been incor- porated in the Guidebook as recommendations for tribes to follow when planning or operating a transit service. PLANNING A common theme among tribal transit systems that have been successful in starting or sustaining a transit program is that they worked from a plan. The plan may have been prepared by tribal staff, a regional planning agency, or a consultant. Having a plan provided direction for decisions to be made regarding what service to provide, funding, and purchases. Having a plan in place allowed tribal staff to pursue funding when new sources became available. The Seminole Tribe was able to obtain funding through the American Recovery and Reinvestment Act (ARRA) to purchase vehicles. The plan identified the next steps for enhancing the service and the ARRA funds were used to implement that next step. While not every tribe has been able to follow the steps outlined in the plan exactly, having a plan provided the information necessary to adjust the implementation steps as conditions changed. Tribes have been able to develop plans primarily through support from three sources. These are the Community Transportation Associa- tion of America (CTAA) Tribal Technical Assistance projects, plan- ning grants from the states, and planning grants through the FTA Tribal Transit program. In general, the FTA grants of $25,000 have not been sufficient to complete a comprehensive transit plan. Several tribes which received those grants combined the funds with other

Mastering the Art of Transit Chapter 4 Page 88 Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report grants to have sufficient funds for completion of a transit service plan. At least one tribe chose not to use the FTA planning grant because of the small amount and the level of effort to comply with the reporting requirements. Recommendations for the planning process have been provided in detail in the Guidebook. The general steps of the planning process include: • Inventory of Existing Services: Understanding the exist- ing resources for transportation available in an area and the level of coordination between transportation providers. • Transportation Needs Assessment: This includes demo- graphic analysis, peer comparisons, and community involvement. • Developing Strategic Goals and Objectives: This should be established to make decisions on priorities and what can be accomplished by the transit program. • Transit Service Planning: This describes the various types of transit service and how they operate. • Implementation: This includes doing an operation plan, capital and operating cost projections, administrative/man- agement plan, financial plan, monitoring/evaluation plan, and service goals and monitoring. FUNDING Funding is a key to sustaining tribal transit service. The level of transit service is directly related to and dependent on the level of funding. If funding is not stable, the transit service cannot be sustained at a consistent level. Funding through the FTA Section 5311c Tribal Transit Program was raised as an issue by a number of tribes. While the funding program has been very successful in helping many tribes implement a transit service, as the program has grown tribes are developing concerns about sustaining the level of funding. Tribes that initially received planning grants then sought funding for capital and operations to start the service. More tribes are competing for funds through this program, resulting in lower levels of funding for many tribes that have been funded in earlier years. More tribes will be applying for these funds in the future and, without higher levels of appropriations, funding for individual tribal transit programs will likely decrease.

Chapter 4 Mastering the Art of Transit Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report Page 89 Many of the successful tribal transit programs have sought and obtained funding from a variety of sources. These include not only the traditional sources of funding for transit, but a number of tribes have found innovative ways to obtain local funding. A number of these innovative approaches are described in Chapter 4. Multiple sources of funding have helped tribes sustain service when funding from one or more sources was decreased. In some cases, tribes were able to make up the loss by obtaining additional funds through other sources. Chapter 3 describes many different funding programs that support tribal transit. However, this research found that many of these pro- grams are not used by tribes to fund their transit program. Most of the tribes which responded to the questionnaires rely on only a few fund- ing sources. Within the same tribe, some sources of funding for trans- portation may be used to support separate programs. There is sig- nificant opportunity for tribes to work within tribal government to tap some of these additional resources and to develop savings by coordinating and consolidating the transportation services. Other transportation programs often fail to recognize the costs of transporta- tion because the transportation is provided by employees as second- ary responsibilities and there is not an accurate cost allocation to transportation. Many resources have been developed to support coordination of transportation services that could be used by tribes to determine the full costs of transportation and the potential savings related to better coordination of tribal transportation programs and potential consolidation. The case studies in the Guidebook describe some examples of consolidated tribal transit programs which work well. While, there may appear to be many opportunities for tribes to obtain additional funding, there are many reasons why tribes are unable to pursue all these funds. Tribes need to consider the reporting requirements needed for each grant program, and need to think about the amount of funding awarded compared to the administrative work of reporting. Other issues include not having enough staff to pursue additional grants; the need for local match; these funding sources are designed for a certain market segment and may not be relevant to the tribe/department; and meeting the eligibility requirements of the grant. These are some of the reasons why tribes choose to go after a few funding sources. While the reporting requirements for the various grant programs have been challenging for some tribes, this is not insurmountable.

Mastering the Art of Transit Chapter 4 Page 90 Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report Many tribes have been able to set up the reporting systems and pro- vide timely and accurate reports. The subject of reporting is an area which may require more training and support as the requirements are very different from what many tribes have done in the past. Technical assistance, dispatching software, and reporting software may be needed depending on the size of the transit agency. LEGAL In mastering the art of transit, tribes have worked with the resources that come from federal and state transit funding, health care, and social service programs. We have also encountered numerous transit activities that result from internal tribal resources to support elders, youth, and general tribal social and economic development. The allocation of tribal resources to address transportation needs of the community is a significant exercise of tribal sovereignty. However, the exercise of sovereignty for successful tribal transit programs goes far beyond the allocation of financial resources. Tribal leadership at numerous levels must identify the need for a transit-based solution to a community or tribal need. Engagement of tribal leadership, whether within the tribal legislative or administrative context, is an essential element of sustainable tribal transit programs. Repeated throughout the research is evidence of a local transit champion who finds the resources to initiate a transit activity, and supports that effort through collaboration and coordination within the tribal governmental structure. Examples of transit activities occurring entirely from a private sector action are rare. The primary example is for tribal casinos to provide public access to transportation services that are otherwise reserved for casino employees. The vast majority of tribal public transit services are generated from a government driven effort to meet a cultural, social, or economic need within the tribe. Another important aspect of tribal sovereignty at work in public transit is the negotiation of formal intergovernmental agreements. Tribes must enter into agreements with one or more funding agencies which invariably expose the tribe to potential liability for appropriate use of the funds and applicable reporting requirements. Some tribes found the administrative burdens and other compromises to sovereignty to outweigh the benefit of the funds available and refused to enter the agreements, or returned the funds after assessing the funding agency’s requirements. A similar circumstance arises when tribes enter into intergovern- mental agreements with cities, regional councils of government, and

Chapter 4 Mastering the Art of Transit Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report Page 91 other non-tribal transit agencies for the operation of transit services that cover all or part of the tribal service area. Under such agreements, tribes can operate public transit services beyond the tribe’s geo- graphic boundaries to provide seamless mobility to a broad area. This coordination and collaboration in operations was used frequently throughout the research and represents a significant exercise of sovereignty. Several tribes applied for funds that were provided to the non-tribal transit agency in exchange for fixed-route service to tribal lands. These tribes chose to avoid the administrative burden of purchasing equipment, managing employees, and operating a service that a nearby agency is able to deliver. Other tribes serve as the transit provider for the non-tribal agencies. Their tribal transit vehicles and employees provide services well beyond tribal boundaries. The decision to waive sovereign immunity from suit in another gov- ernment’s court system should a dispute arise is a common condition for receipt of funding. Tribes frequently require entities seeking a contractual relationship to consent to tribal court jurisdiction to resolve disputes. Federal and state agencies are consistently reluctant to consent to tribal justice systems. The selection of a method (media- tion, arbitration, or litigation) and forum for dispute resolution has significant implications for a tribe’s sovereign status. Careful docu- ment drafting and negotiation of contract terms can allow for conflict resolution with minimal impact on tribal sovereignty. By its nature, operation of a public transit service creates the possi- bility of personal injury to employees and passengers resulting from collisions or other incidences. While there were no reported passenger injuries resulting from improper operation or maintenance of a tribal transit vehicle, tribes may seek to limit their liability to judgments rendered in tribal court, regardless of the political status (tribal member or non-member) of the injured party. Sovereignty properly exercised allows for the fair compensation of injured parties under tribal law while preserving the sovereign status of the tribe. Tribes manage this risk through the purchase of liability insurance and limits of liability. ORGANIZATIONAL STRUCTURES During the research we found that tribes have organized their transit programs in a wide variety of ways. Organizational structures included transit as part of the transportation department, under health and human services programs, as part of a college, as private nonprofit corporations, and operated by a local transit agency through a contract with the tribe.

Mastering the Art of Transit Chapter 4 Page 92 Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report There was no single organizational structure that was better than others. Successful tribal transit programs were found under all organizational structures. While there were some advantages and disadvantages associated with the various organizations, the type of structure had no relationship to the success of the transit program. There were, however, common characteristics of the organizational structures that were found in most successful tribal transit programs: • A single person dedicated to oversight of and responsibility for the transit program. • Support from Tribal Council, both politically and financially. • Support from tribal elders. • Informal relationships and connections with other tribal depart- ments and with Council members. • Financial management capabilities in transit and the finance department. • Key staff received training related to job responsibilities. • Participation by the transit manager in state and national organizations. Coordination Successful tribal transit organizations were found to often work with other organizations, either within the tribal government or outside the tribal government. In some cases these have been other transportation programs within the tribe, such as medical transportation or a tribal college. Other tribes have worked with non-tribal transit programs to coordinate schedules, allow transfers between systems, or establish a consolidated transit service. The Standing Rock Sioux transit system is operated by Sitting Bull College. Cherokee Transit operates a con- solidated transit program which provides transportation for residents, visitors to the area, elders, and people traveling for medical appoint- ments. The Confederated Tribes of the Grand Ronde Community of Oregon primarily provide transportation by contracting on a govern- ment-to-government basis with the Salem Area Mass Transit District and Yamhill County Transit Area. The Coeur d’Alene Tribe in Idaho operates public transit for the urban area of Coeur d’Alene. Fort Belknap joined a regional partnership to provide transit service in north-central Montana. Cooperation and coordination of services have allowed tribes to pool existing resources and leverage those financial resources to obtain

Chapter 4 Mastering the Art of Transit Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report Page 93 additional funding. Coordinated efforts result in greater efficiency in delivering service and often allows for a greater service area. Con- versely, tribes that struggled with starting and operating a transit system had low levels of coordination with other transportation programs. While there has been much emphasis on coordination of transporta- tion services through efforts such as “United We Ride,” many of the tribal transportation programs continue to operate as separate entities with little or no coordination. The more successful transit programs have worked to coordinate services, but the research showed that many continue to operate without coordination even within the structure of the tribal government. OPERATIONAL Tribes were found to operate a variety of transit services as described in Chapter 3. In some cases, tribes had started service with a service type that was not appropriate for the needs of their community. As an example, fixed-route service may be easier to operate than a demand- response service but is often not appropriate for tribal settings. Tribes which had made the effort to develop a plan were far more likely to develop a service type which fit their community than tribes that tried to start service without a plan. The plans typically included a needs assessment, feasibility analysis, and evaluation of different service options. This allowed the tribe to select the most appropriate type of service. Many of the tribal transit systems which responded to the questionnaires operate a mix of services, reflecting the analysis to determine which type of service is most appropriate for different population segments and different areas of their communities. This further emphasizes the importance of planning for tribal transit programs. Technical assistance from the National Rural Transit Assistance Program (RTAP), Community Transportation Association of America (CTAA), and other available resources have been doing well to help tribes develop a plan to meet the needs of their com- munity. These should be further encouraged to get the word out to other tribes that need help. CULTURE INTEGRATION For many tribes, mastering the art of transit has several cultural implications. Across the study our research indicates the type of transit service provided is a reflection of tribal values and culture. Providing mobility to elders for medical care, shopping, and to attend community events is a common theme among tribal transit programs. Similarly, the

Mastering the Art of Transit Chapter 4 Page 94 Developing, Enhancing, and Sustaining Tribal Transit Services: Final Research Report mobility needs of youth are also frequently addressed. Culture can be seen in the route selection and hours of operation of tribal programs. Many are tailored to reflect the high value tribes place on education by connecting passengers to the tribal college or surrounding institutions of higher education. Mobility for veterans is another high priority service issue for several tribes reflecting the high value and respect accorded those who provide military service. Culture can also be seen in the high level of professional conduct of the drivers, mechanics, and administrators. Even though many of the tribal transit agencies operated with less than optimal resources and facilities, there is a distinct cultural pride that is delivered through the appearance of the vehicles and quality of service provided.