California & Nevada Tribal Transportation Training & Technical Assistance Program

Transportation Related Legislation

*NEW* Pending California and Federal Legislation: August 12, 2015

 

Bureau of Indian Affairs

25 CFR-Part-170-Final Rule

This final rule updates the Tribal Transportation Program regulations (formerly the Indian Reservation Roads Program) to comply with statutory updates. The Tribal Transportation Program is a program to address the surface transportation needs of Tribes. This rule reflects statutory changes in the delivery options for the program, clarifies the requirements for proposed roads and access roads to be added to, or remain in, the inventory, revises certain sections that were provided for informational purposes, and makes technical corrections. To view the frinal rule fron the Fedral Regisiter go to: https://gallery.mailchimp.com/fcf27858b524c94e746bc5dcf/files/FINALPUBLISHEDRULE_25CFRPART170_Nov72016.pdf

Bureau of Indian Affairs

The Department of the Interior’s Bureau of Indian Affairs has extended the effective date of its rights-of-way final rule by 90 days. The extension provides grantees, potential grantees, landowners and BIA personnel with more time to review the final rule and to adequately prepare for its implementation. The updated rule streamlines the process for obtaining the Bureau’s approval to ensure consistency with recently updated leasing regulations, increases the flexibility in compensation and valuations, and supports landowner decisions regarding the use of their land.

The new rule, originally scheduled to become effective on December 21, 2015, will now become effective on March 21, 2016.

For additional information on the final rule,please visit the Indian Affairs website at: http://www.bia.gov/WhoWeAre/AS-IA/ORM/RightsofWay/index.htm.

Federal Transit Administration (FTA)

The FTA has released the final version of the Formula Grants for Rural Areas, Section 5311 Circular. For the Federal Register notice, which lists comments and changes to each section, please click here. The Section 5311 Program provides formula funds to states and federally-recognized tribes to support public transportation in rural areas (population of less than 50,000). The funds can be used for capital and planning projects, job access and reverse commute projects, operating assistance and administration costs. 

Federally Mandated Worker Visibility Regulation Summary

The Federal Highway Administration has enacted a worker visibility regulation (Part 634; Title 23; Code of Federal Regulations) to decrease the likelihood of worker fatalities or injuries from motor vehicles while working within a right-of-way on Federal-aid-highways. This rule, issued on November 18, 2006, will not become mandatory until November 24, 2008. The compliance period is to provide agencies, incident responders, and contractor's sufficient time to purchase garments that comply with the new standards.

The new regulation requires the wearing of high-visibility ANSI Class 2 or Class 3 safety garments by workers performing tasks within the right-of-way on Federal-aid-highways. A worker is defined as those people on foot whose duties place them within the right-of-way of a Federal-aid highway, such as highway construction and maintenance forces, survey crews, utility crews, responders to incidents, and law enforcement personnel when directing traffic, investigating crashes, and handling lane closures, obstructed roadways, and disasters. Adopt-A-Highway workers, mowing crews, gardeners, etc. all will have to wear the high-visibility clothing to be in compliance with the new rule. The only exception will be law enforcement personnel during manhunts, traffic stops and searches.

A Federal grant is available to help agencies purchase the required safety clothing; it is the State and Community Highway Safety Grant Program. For details see: http://safety.fhwa.dot.gov/legislationandpolicy/policy/section402/

For Part 634; Title 23; Code of Federal Regulations see: Federal Register