Update of Selected Studies in Transportation Law, Volume 8, Section 3: Indian Transportation Law (2019) / Chapter Skim
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Pages 53-56
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NCHRP LRD 76 53 2. Tribal Transportation Program (Formerly Indian Reservation Road Program)
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54 NCHRP LRD 76 to 1991, the program could still rely on long-term funding. A large jump in IRR funding occurred with the passage of the 1991 highway reauthorization, commonly known as ISTEA.596 This six-year transportation bill placed a significant emphasis on state transportation planning and the involvement of tribal governments via consultation.597 IRR funding increased to $159 million for the 1992 fiscal year and $191 million for fiscal years 1993 to 1997.598 ISTEA made changes to the IRR bridge program599 to require an inventory, classification, and prioritization of replacement of IRR bridges, and required that a percentage of state funds be used for IRR bridge projects.600 In addition, ISTEA allowed tribes to use their planning funds pursuant to the ISDEAA.601 In 1998, the new highway reauthorization, the Transportation Equity Act for the 21st Century (TEA-21)
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NCHRP LRD 76 55 and maintenance relating to the IRR program or project. In addition, SAFETEA-LU codified existing policy, namely that IRR funds shall only be expended on projects identified in a transportation improvement program approved by the Secretary of Transportation.614 However, it also provided that tribal governments could approve plans, specifications, and estimates and commence construction with IRR funds if certifications were provided that applicable health and safety standards were met.615 Because the Tribal Transportation Allocation Method (tribal shares funding formula)
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56 NCHRP LRD 76 by the Secretary.630 SAFETEA-LU, provided an additional $14 million from the Highway Trust Fund for fiscal years 2005 to 2009 for IRRBP. Unlike TEA-21, where IRRBP funds were a setaside from the program, these funds were in addition to the annual IRR program funding level.
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