A transportation decision can affect a community long after a construction crew leaves. BIA's November 7, 2016 final rule asks proposed-road submissions to identify who will maintain the facility and to document that it can be adequately maintained after construction. That requirement places future responsibility alongside the immediate case for a new connection. [2016-26141]
The governance framework is specifically tribal, not simply another version of state road planning. The December 2014 proposal described program agreements through which tribes meeting administrative and financial management requirements could undertake all but inherently federal program functions. The final rule links program operation with tribal self-determination and self-governance, while retaining federal trust responsibilities. Both documents belong to the same rulemaking. [2016-26141][2014-29604]
The final inventory requirements also call for official tribal support and certification of public involvement. They require a discussion of anticipated environmental effects and engineering or construction challenges. These records cannot establish that every disagreement has been resolved. They do, however, identify matters a community can examine when weighing a facility's purpose against obligations to land, users and future budgets. [2016-26141]
The rule becomes effective December 7, 2016; proposed roads already in the inventory must meet the specified section 170.443 submission requirement by November 7, 2017 to remain there. Neither date promises a completed road. An ethically careful reading respects tribal decision-making without treating administrative eligibility as proof of adequate resources, community consent in every detail, or an achieved public benefit. [2016-26141]
Source documents
- Tribal Transportation Programhttps://www.govinfo.gov/content/pkg/FR-2016-11-07/html/2016-26141.htm
- Tribal Transportation Programhttps://www.govinfo.gov/content/pkg/FR-2014-12-19/html/2014-29604.htm