ARRA Overview Q&AsARRA Overview Q&As

IRRPCC MeetingIRRPCC Meeting

Herndon, VAHerndon, VA

March 25, 2009March 25, 2009

DisclaimerDisclaimer

• The information contained in these slides is still in the development stages and not yet finalized. Updates to this program are on-going. The final FHWA approved presentation will be made available to all users through the official FHWA website as well as other sources (TTAPs).

TopicsTopics• Major Provisions of ARRA

• IRR Q&As regarding ARRA

• Other IRR information

GeneralGeneral

• What is the name of the final legislation?– The legislation is known as the American

Recovery and Reinvestment Act of 2009. The acronym is ARRA and it is Public Law 111-5.

• Information & Guidance– http://www.fhwa.dot.gov/economicrecovery/

Purpose and PrinciplesPurpose and Principles• SEC. 3. PURPOSES AND PRINCIPLES.• (a) Statement of Purposes- The purposes of this Act

include the following:– (1) To preserve and create jobs and promote economic

recovery.– (2) To assist those most impacted by the recession.– (3) To provide investments needed to increase economic

efficiency by spurring technological advances in science and health.

– (4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.

– (5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.

Purpose and PrinciplesPurpose and Principles

• SEC. 3. PURPOSES AND PRINCIPLES.– (b) General Principles Concerning Use of

Funds- The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified in subsection (a), including commencing expenditures and activities as quickly as possible consistent with prudent management.

Major Highway Provisions of the Act:Major Highway Provisions of the Act:Conference AgreementConference Agreement

• $27.5 billion total– $310 million for IRR

• Available through September 30, 2010

• Transparency– Publish fund usage on website (

www.recovery.gov)

Major Highway Provisions of the Act:Major Highway Provisions of the Act:Conference AgreementConference Agreement

• Misc. General Provisions– Sec. 1604 – Appropriated funds cannot be used for

casino, aquarium, zoo, golf course, or swimming pool– Sec. 1605 – Use of American iron, steel, and

manufactured goods– Sec. 1606 – Laborers and mechanics to be paid

prevailing wages*– Sec. 1607 – Certification by Governor and

acceptance by State legislature**– Sec. 1609 – Compliance with National Environmental

Policy Act requirements

IRR Specific Q&AsIRR Specific Q&As

FundingFunding• How will the IRR Portion of ARRA

funds be administered and distributed?– Administered in accordance with Chapter 2 of

Title 23.– Distributed through the RNDF formula.– 100% Federal share– Ability to satisfy local match requirements is

under review.

FundingFunding• How will ARRA funding get to the Tribes?

– The funds will be allocated to FHWA in early March. – FHWA will withhold the funding amount associated

with the FHWA Tribes and will then reallocate the remainder to BIA-DOT.

– After the documentation is received and approved by BIA-DOT or FHWA, the ARRA funds will be dispersed to the Tribes by P.L. 93-638 procedures or through the FHWA Program Agreements.

FundingFunding• What is the required documentation that must

be submitted to and approved by FHWA or BIA-DOT prior to the release of the ARRA funds?– a Transportation Improvement Program (TIP), approved

by FHWA, showing the projects and activities to be performed with the ARRA funds;

– the signed Addendum to the Tribe’s AFA, RFA (for FHWA Tribes), or Title I PL 93-638 contract, including the scope of work. This addendum will contain standardized language that will identify tribal responsibilities with regard to reporting and use of funds.

FundingFunding• What additional documentation is required

for construction projects prior to the release of ARRA funds?– the cover sheet of the approved PS&E, signed by a

state licensed PE;– the certification that the project design meets or

exceeds health and safety standards; – a completed project development checklist indicating

that all NEPA requirements, utility easements, and R-O-W clearances have been completed; and

– the proposed schedule for the construction project;

• Funds will not be provided for both the design and construction of a project simultaneously

FundingFunding• What is the length of time on availability

of the ARRA funds?– The ARRA IRR funds are available until

September 30, 2010. – Funds released or de-obligated after that date

immediately expire and will not be available for re-obligation by any agency.

– As a result, all contracts/agreements must be finalized and funds obligated prior to this date.

FundingFunding• How will the redistribution of funds

work?– In order to assure the utilization of the ARRA

funds, the Secretary of Transportation has been given the authority to collect up unobligated funds and “redistribute” them within the IRR Program.

– This will occur on February 17, 2010. – The criteria for ranking/selecting the

“redistribution” projects will be determined by FHWA and BIA over the next few months.

PlanningPlanning• What should Tribes be doing to ensure their

projects are "ready to go" as part of the ARRA?– Tribes to review their current approved IRRTIP and

contact either their BIA Regional Office or FHWA/Federal Land’s IRR Coordinator to begin work as soon as possible on updating or amending their IRRTIP to show the projects utilizing ARRA funding.

– Tribes should begin public involvement and determine conformity and other planning process steps that are required for a new proposed project so as to have the project ready as soon as possible.

– Transit related projects should be coordinated with the relevant transit operating agency as well.

PlanningPlanning• Can ARRA funds be used to replace IRR

funds in the first year of an IRRTIP to allow that money to be used on other projects?– Yes, provided that the project on which the funds are

to be used has not yet been obligated. In addition, all measures should be undertaken to still utilize FY09 IRR Program funds for another eligible transportation project/activities within FY09.

– Because we are in the final year of SAFETEA-LU, it is imperative that minimal IRR Program funds be left unobligated at the end of FY09.

ActivitiesActivities• What will be the eligible activities for the

ARRA funds?– Except as noted below, the list of eligible activities will

be the same as those for the IRR Program and shown in 25 CFR 170.

– Planning activities are not eligible nor will they be approved except those directly associated with a specific construction project shown on an approved TIP.

– Equipment purchases will be considered on a case by case basis and must be submitted to BIA-DOT and FHWA for consideration and approval.

ActivitiesActivities

• Can Tribes use these funds for maintenance?– Yes, in accordance with 25CFR170 and

SAFETEA-LU, tribes may use up to 25% of their ARRA funds for eligible and approved maintenance activities.

– These activities will have to be included in the TIP and will be subject to reporting.

– Additional BIA Road Maintenance Funding

ActivitiesActivities• Besides pure road improvement or

construction projects, what other types of “projects” should Tribes be considering?– Maintenance, Operational and Safety projects.

• Project examples include chip seal and dust suppression projects, traffic signal upgrades, dynamic message signs, road weather information systems, roadway striping, guardrail replacement, and traffic sign upgrades.

• Many of these projects require limited or no environmental review time, thus they can be developed quickly.

ReportingReporting

• What will the reporting requirements be for the ARRA funds?– The specific requirements are still being

developed by OMB and FHWA.– Requirements of 1201(c) and 1512 will apply.– Requirements of 1201 (a) and (b) do not– Transparency is critical

– On-line at www.recovery.gov

Flow DiagramFlow Diagram

Reports & FormsReports & Forms

Initial Project ListInitial Project List(Form: FHWA-1586)(Form: FHWA-1586)

1. State 2. Report Date (mm/dd/yyyy)

3. County4. Congressional District

5. Federal-Aid Project Number

6. State Project Number or Identification number

7. Project Type

8. Project Name9. Project Description

10. Project Purpose

11. Total Cost Estimate ($)

12. Project Schedule(mm/yyyy)

13. Project Rationale

14. EDA(Y/N)

15. NEPA Class Action

16. NEPA Milestone Completed

17. NEPA Milestone Date (mm/dd/yyyy)

18. Types of Federal Permits

19. Number of Federal Permits

20. Status of Federal Permits

21. Route Number

22. Begin Mile Point

23. End Mile Point

24. Length (miles)

Form FHWA - 1586 (Rev. 3-12)

PROJECT DATALocation:

Initial ARRA Project PlanAmerican Recovery and Reinvestment Act

Monthly Project Status ReportMonthly Project Status Report(Form: FHWA-1585)(Form: FHWA-1585)

1. State 2. Report Month (mm/yyyy)

11. Address

Street Zip Code

Form FHWA-1585 (Rev. 3-09)

8. Notice to Proceed Date (mm/dd/yyyy)

9. Percent Complete 10.Contractor Name 12. DUNS Number

MONTHLY RECIPIENT PROJECT STATUS REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

PROJECT DATAContractor Information

3. Contracting Agency4. Federal-aid Project

Number5. State Project Number or

Identification Number

6. Advertisement Date

(mm/dd/yyyy)

7. Award Date (mm/dd/yyyy) 13. E-mail Adress

Monthly Summary Employment Monthly Summary Employment Report (Form: FHWA-1587)Report (Form: FHWA-1587)

1. State 2. Report Month (mm/yyyy)

7. Status of 8. Total4. State Project Number or 6. Contractor Name / Contractor Employment

Identification Number State or Local Agency Employment (number ofReports employees)

Form FHWA-1587 (Rev. 3-09)

Monthly Summary Employment ReportAmerican Recovery and Reinvestment Act

Summary Data

3. Federal-aid Project Number 5. Project Description 9. Total Hours 10.Total Payroll ($)

Monthly Employment ReportMonthly Employment Report

Name:Address:

City: State:Zip:

EMPLOYEES HOURS PAYROLL

0 0 0.00

DATE:Name:

Title:

7. CONTRACTOR NAME AND ADDRESS

4. Federal-Aid Project Number

9. Employment Data

6. Project Location: State, County or Federal Region

Subcontractor Direct, On-Project JobsPrime Contractor Direct, On-Project Jobs (see guidance for definitions)

Subcontractor Name

Prime and Subcontractor Totals

10. PREPARED BY CEO or Payroll Official:

MONTHLY EMPLOYMENT REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

8. Contractor/Subcontractor DUNS Number:

1. First day of reporting period: (mm/dd/yyyy) 3. Contracting Agency2. Report Month: (mm/yyyy)

5. State Project Number or ID Number

Periodic Grouped Project ReportPeriodic Grouped Project Report(Form: FHWA-1588)(Form: FHWA-1588)

1. State 2. Report Month (mm/yyyy)

3. County4. Congressional

District5. Federal-aid Project Number

6.State Project Number or Identification Number

7.Project Description8. Project Purpose

9. Estimated Total Cost

10. Scheduled Completion Date

(mm/dd/yyyy)

11. Project Rationale

12. Economically Distressed Area

(Y/N)

13. Route Number

14. Beginning Mile Point

15. Ending Mile Point16. Award Date(mm/dd/yyyy)

Form FHWA - 1588 (Rev. 3-12)

PERIODIC GROUPED PROJECT REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

PROJECT DATA

Other IRR InformationOther IRR Information

FY09 IRR Program FundingFY09 IRR Program Funding• Authorized level - $450 million

• Appropriation passed

• Final numbers being determined– Ob limit– Rescission– Additional takedowns

PLH-D ListingPLH-D ListingPreliminary FY 2009 Tribal oriented PLH-Discretionary (PLHD) List

STATE PROJECT DESCRIPTION AS DESIGNATED

DESIGNATED AMOUNT IN JOINT

EXPLANATORY STATEMENT

AK Alaska Trails Initiative $1,900,000.00AZ Infrastructure - Roads Improvement, Tohono O'odham Nation, Sells $950,000.00AZ Sage Brush Road Project, Navajo Mountain Chapter $139,650.00CA Bald Hill Slide Mitigation, Hoopa Reservation $712,500.00FL BIA Route 1281, Snake Road Improvement Project, Seminole Big Cypress Reservation $475,000.00FL Snake Road Safety Improvements, Miccosukee Reservation $760,000.00ND Cannon Ball and Fort Yates Community Streets Road Improvements $1,757,500.00NM US 491: Navajo 9 to Shiprock, Four-lane upgrade $950,000.00SD Cuny Table Road (BIA Route 2), Pine Ridge Indian Reservation $1,900,000.00SD Improvements to SD 73 from US 18 to Jackson County Serving Pine Ridge and Rosebud Reservation $950,000.00SD Kenel Road (BIA Route 3) Rehabilitation and Resurfacing, Standing Rock Sioux Tribe, Corson County $237,500.00SD Reconstruction of BIA Route 15, Marshall County $475,000.00UT Navajo Route 35 Resurfacing Project $950,000.00WA Skokomish Tribe Reservation Road Improvements $1,330,000.00WA Squaxin Island Access Improvement Project $1,045,000.00WY 17-Mile Road Reconstruction, Wind River Indian Reservation $475,000.00TOTAL 16 Projects $15,007,150.00

QUESTIONS?QUESTIONS?