Posted: 23 June 2006 at 2:51pm | IP Logged

Welcome, participants and interested parties of the July 13, 2006 CTE National Broadcast, "Overview of the Proposed Rulemaking on Planning." This is the third in our series of programs on the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (or SAFETEA-LU).

We invite you to join the discussion and encourage you to submit your questions for consideration by the panelists.

Posted: 30 June 2006 at 12:58pm | IP Logged

My question and concern is the compliance issue within SAFETEA-LU that requires that States CONSULT Tribes regarding transportation projects.  I applaud the intent of Congress to include Native Sovereign Nations in regards to the transportation needs of our respective communities.  I can tell you that the working relationships have been strained over the years and NSN's feel locked out of the RTPO/MPO project prioritization process.  Given the fact that Congress has cut the funding to Bureau of Indian Affairs DOT, the provision under SAFETEA-LU to create new consortiums between the NSN's and States seems like the next logical step.  SO I POSE THIS QUESTION: What hammer and by whom does the new legislation provide to assure that States comply with federal law and CONSULT with NSN's pertaining transportation plans and planning?  My prayer is that there isn't a waiver available to those states who submit that it is just too hard to consult - because they have not tried or want to.  I would like to see in the rules a withholding of the transportation funds OR A reallocation of those funds to states who are in compliance with this rule. 

The organization in which I am the chairman is working hard with the State of Washington to address this issue and several safety related ones.  We see this as the beginning of a new era in cooperation between our jurisdictions.  We want to know how everyone else is addressing this issue.  We might be able to provide a working model for compliance.

Posted: 22 August 2006 at 3:21pm | IP Logged

Reply from FHWA/FTA Headquarters:

Thanks for the comments and the questions.  The NPRM contains provisions related to State and MPO consultation with Tribal governments and agencies in the development of transportation plans and programs (STIP/TIP).  Regarding the NPRM, we encourage questions, comments, and/or wording suggestions on this topic be provided to the official docket.  Additional information on State and MPO consultation practices with Tribes currently is available at http://www.fhwa.dot.gov/hep/tribaltrans/index.htm.