Proposed Workgroups and Workgroup Assignments
for the TTSGP Negotiated Rulemaking Committee
(August 18, 2016)
If the TTSGP Negotiated Rulemaking Committee wants to limit the number of Workgroups to two, the Committee may wish to organize itself into a SELF-GOVERNANCE ADMINISTRATION and an OPERATIONS WORKGROUPS. The Committee may decide to move topics from one Workgroup to the other depending on work load and the relatedness of one topic/issue to another.
1. SELF-GOVERNANCE ADMINISTRATION
Generally, this Workgroup will prepare draft regulations covering the following issues: Secretarial findings of fact and policy, definition sections, tribal consultation and collaboration process, Secretarial interpretations to facilitate self-governance, outlines the new Tribal Self-Governance Program within USDOT and explains how the Self-Governance Program works with the other USDOT modal administrations under the Office of the Secretary, tribal eligibility, the process for developing compacts and AFAs, transfer of recurring funds and grants from all USDOT administrations, final offer process, dispute resolution process, Prompt Payment Act, Federal Tort Claims protection, flexible and innovative funding, contribution of funds from States and local governments under Section 202(a)(9) agreements funds, retrocession, withdrawal, reassumption, the regulation waiver process and such other issues as the Committee deems relevant.
Title V (Part 137) suggested references include:
Ø Subpart A – General Provisions
Ø Subpart B – Definitions
Ø Subpart C – Selection of Tribes for Participation in Self-Governance
Ø Subpart D – Self-Governance Compact
Ø Subpart E – Funding Agreements
Ø Subpart F – Statutorily Mandated Grants
Ø Subpart G – Funding
Ø Subpart H – Final Offer
Ø Subpart J – Regulation Waiver
Ø Subpart K – Withdrawal
Ø Subpart L – Retrocession
Ø Subpart M - Reassumption
Other topics:
- Discretionary/competitive grants
- Other topics
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a) Tribal Committee Members
b) Federal Committee Members
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c) Technical Support
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2. OPERATIONS WORKGROUP
Generally, the Operations Workgroup will prepare draft regulations covering operational issues for all funds received under self-governance compact, such as program redesign and consolidation, reporting, cost principles/financial management, access to surplus and excess federal equipment, dedication of tribal lands and ROW acquisition for public highway purposes, educational/informational regulations identifying the different USDOT modal administrations and identifying methods for Tribal, State and Federal transportation agencies can more efficiently work together, construction standards and federal monitoring, and such other issues as the Committee deems relevant.
Part 170 Regulation references:
Ø Subpart D – Planning, Design and Construction
Part 137 Regulation references:
Ø Subpart 0 – Secretarial Responsibilities
Other issues:
Ø Rights-of-way (Part 169)
Ø Other topics
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a) Tribal Committee Members
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b) Federal Committee Members
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c) Technical Support
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