La Jolla Band of Luiseño Indians Intergovernmental Fund Transfer Agreement. BIA Tribal Transportation Symposium By Adam Geisler, Tribal Secretary

Transcription

1 La Jolla Band of Luiseño Indians Intergovernmental Fund Transfer Agreement BIA Tribal Transportation Symposium By Adam Geisler, Tribal Secretary

2 La Jolla Band of Luiseño Indians La Jolla is located on Palomar Mountain, in Pauma Valley, California California State Highway 76 (SR 76) bisects the La Jolla Reservation and provides the only access to the tribal community. CHP enforces state traffic laws on SR 76. There are no sidewalks, safe shoulders, trails, or public transit along SR 76. Students must walk over 1.5 miles along SR 76 to reach designated bus stops, which lack identifying markings, signage or shelters. Active Transportation Resource Center 2

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4 La Jolla Band of Luiseño Indians La Jolla was directly awarded $4.8 million in funding under Cycle 1 of Caltrans Active Transportation Program. The Project is a combined infrastructure and non-infrastructure project and includes funding for a Recreational Trails Project. The Project was submitted under the Pedestrian and Bicycle funding categories, not SRTS. Tribal community assessments, walk audit, road safety audit and SWITRS generated data used in the application. Active Transportation Resource Center 4

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6 La Jolla Band of Luiseño Indians Infrastructure elements: creating a Reservation-wide multipurpose trail (the La Jolla Trail), constructing sidewalks on arterial roads, installing signage, and creating benches and bicycle racks to improve safety for nonmotorized users. Non-infrastructure elements: conducting bicycle rodeos, walking school bus trainings, community education events; school assemblies featuring safety, health, and environmental stewardship messages; overtime pay for a CHP and tribal law enforcement official during peak school traffic times. The La Jolla Trail will increase community connectivity by linking activity centers and parks, tribal government offices, and other essential community amenities and employment centers. Active Transportation Resource Center 6

7 Communications and Collaboration 7

8 Time Extension & Allocation Requests La Jolla had to work through the challenges associated with a different process. No formal LOC codes to put on forms Nothing was ordinary but everyone was exemplary. No reimbursement process 8

9 Agreement Fundamentals Intended to be used as a template moving forward The Agreement consists of 2 sections 1. The Intergovernmental Fund Transfer Agreement Contains General agreement terms and responsibilities 2. Addendum A Contains project specific information 9

10 Intergovernmental Fund Transfer Agreement WHEREAS, 23 U.S.C. 202 (a)(9)- Cooperation, provides that the cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement, and that any funds received from a State, county, or local subdivision shall be credited to appropriations available for the TTP; and 10

11 State Must Make the Request WHEREAS, the State and the Tribe have requested that BIA accept the Funds from the State and transfer the Funds to the Tribe, that BIA accept all stewardship and oversight responsibility involving the use of the Funds by the Tribe, and the Parties agree that any Federal-aid match requirements have been met. 11

12 State Responsibilities Shall request funds be transferred to FHWA State shall be relieved of all stewardship and oversight obligations involving the funds upon transfer of funds to FHWA. 12

13 BIA Responsibilities Accept Funds and become responsible for all stewardship and oversight obligations Provide availability of the funds to the Tribe through G2G funding mechanism. 13

14 Tribes Responsibilities Establish a bank account Perform scope of activities identified in the award scope. Return any unused funds back to CA. Last of all. Don t mess this up!!! 14

15 No Waiver of Sovereign Immunity Nothing in this Agreement shall be construed as a waiver of the Tribe's sovereign immunity regarding the activities undertaken by the Tribe as described generally herein or in Addendum A, including any contracts, grants or subcontracts entered into between the Tribe and third parties necessary for the Project. The Tribe does not, by entering into this Agreement, consent to the jurisdiction of a State court to hear any claims or disputes arising under this Agreement, whether arising as claims against the Tribe itself, its wholly owned entities, or any employee of the Tribe performing work hereunder. No Tribe employee shall be subject to the jurisdiction of the State's courts as a result of having performed work associated with the Project. 15

16 CTC Process CTC process doesn t fully fit the 202 (a) 9 process that we utilized under this agreement CTC statutes currently prevent a single lump sum fund transfer. PA&ED, PSE- (Planning) Construction (Implementation) Release of funds requires a completed environmental based upon CTC statutes. Formal requests for funding allocations need to be made utilizing CTC forms. 16

17 Fund Transfer Language WHEREAS, the State desires to transfer to the Tribe, via the United States Department of Transportation Federal Highway Administration ( FHWA ) and the BIA, in accordance with 23 U.S.C. 104 (f)(3)(a) and 202 (a)(9), Program funds in two allocations: the First Allocation shall be for Project Approval & Environmental Documentation (Environmental) $350,000; the Second Allocation shall be for (i) Plans, Specifications &Engineering (PS&E) - $591,000, (ii) Right of Way Survey (R/W) $150,000 and (iii) Construction - $3,764,000, for the sum of $4,855,000 ( Funds ) so the Tribe may carry out the Project in accordance with Addendum A; and 17

18 Who Signs the Agreement? The State of California- CalTrans Local Assistance Chief The United States Bureau of Indian Affairs- Director The La Jolla Band of Luiseño Indians- Tribal Secretary Each parties attorney. 18

19 Questions? 19