# Transportation Safety Update

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Akaw_nation%3A40db3abbb8b0d773

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

KAW NATION
Transportation Safety Update
April 2020

Developed by Cross Timbers Consulting, LLC

Contents
Introduction .................................................................................................................................................. 1
Tribal Transportation Program Safety Funds ............................................................................................ 1
Kaw Nation ................................................................................................................................................ 1
Kaw Nation Transportation Safety Plan Update ....................................................................................... 2
Kaw Nation Public Outreach ......................................................................................................................... 3
Tribal Transportation Survey .................................................................................................................... 3
Main Emphasis Areas ............................................................................................................................ 3
Other Transportation Concerns ............................................................................................................ 5
Crash Data Analysis ....................................................................................................................................... 6
Kaw Nation Collisions (2015-2019) ........................................................................................................... 6
Roadway Departure (RwD) Crashes .......................................................................................................... 9
Emphasis Areas ............................................................................................................................................. 9
Occupant Protection Devices .................................................................................................................... 9
Roadway Departure (RwD) ..................................................................................................................... 10
Rollover Crashes.................................................................................................................................. 10
Fixed-Object (F-O) Crashes ................................................................................................................. 12
Impaired & Distracted Driving ................................................................................................................ 13
Pedestrians.............................................................................................................................................. 14
Availability of Public Safety Services ....................................................................................................... 15
Intersections ........................................................................................................................................... 15
Site Specific Implementation ...................................................................................................................... 17
State Highway 11 into Kaw City .............................................................................................................. 17
Conclusion ................................................................................................................................................... 18
Sources and Guidance................................................................................................................................. 19

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Figures
Figure 1. Kaw Nation Transportation Network ............................................................................................. 2
Figure 2. Kaw Nation Transportation Concerns ............................................................................................ 5
Figure 3. Kaw Nation Collisions (2015-2019) ................................................................................................ 6
Figure 4. Kaw Nation Collisions - Lighting Conditions ................................................................................... 7
Figure 5. Kaw Nation Collisions - Weather Conditions ................................................................................. 7
Figure 6. Kaw Nation Roadway Departures .................................................................................................. 9
Figure 7. Kaw Nation Roadway Departure Crashes .................................................................................... 11
Figure 8. Kaw Nation R/O Crashes .............................................................................................................. 11
Figure 9. Kaw Nation F-O Crashes ............................................................................................................... 12
Figure 10. Kaw Nation Intersection Related Crashes.................................................................................. 16
Figure 11. SH11 Control Section into Kaw City .......................................................................................... 18

Tables
Table 1. Main Emphasis Areas Responses .................................................................................................... 3
Table 2. Kaw Nation Collisions – DUIs........................................................................................................... 7
Table 3. Types of Collisions ........................................................................................................................... 8
Table 4. Kaw Nation F-O Collisions ............................................................................................................. 12

Appendices
Appendix A – Kaw Nation Transportation Survey
Appendix B – Kaw Nation Crash Data
Appendix C – Kaw Nation Site Specific Implementation

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ACRONYMS
BIA
CDC
DOT
DUI
EMS
F-O
FAST Act
FHWA
Four (4) Es
HFST
MUTCD
NHTSA
NTTFI
ODOT
OHP
OHSO
OTSA
PDO
R/O
RSA
RwD
SAFE-T
STSP
TTAM
TTP
TTPSF

Page | iii

Bureau of Indian Affairs
Center for Disease Control
Department of Transportation
Driving Under the Influence
Emergency Medical Services
Fixed-Object
Fixing America’s Surface Transportation Act
Federal Highway Administration
Engineering, Enforcement, Education, Emergency Services
High Friction Surface Treatment
Manual on Uniform Traffic Control Devices
National Highway Traffic Safety Administration
National Tribal Transportation Facility Inventory
Oklahoma Department of Transportation
Oklahoma Highway Patrol
Oklahoma Highway Safety Office
Oklahoma Tribal Statistical Area
Property Damage Only
Rollover
Road Safety Audit
Roadway Departure
Statewide Analysis for Engineering & Technology
Strategic Transportation Safety Plan
Tribal Transportation Allocation Methodology
Tribal Transportation Program
Tribal Transportation Program Safety Funds

Introduction
Tribal Transportation Program Safety Funds

The Tribal Transportation Program (TTP) is the largest program in the Office of Federal Lands Highway.
The purpose of the TTP is to address the transportation needs of Tribal governments throughout the
United States. The program received $465 million in fiscal year 2016 and with increases of $10 million per
year to $505 million in fiscal year 2020, as established in Public Law 114-94, Fixing America’s Surface
Transportation Act (FAST Act). Funds are allocated among Tribes using a statutory formula based on tribal
population, road mileage, and average tribal shares of the former Tribal Transportation Allocation
Methodology (TTAM) formula.
Native American and Alaska Native populations experience higher rates of transportation related fatal
injuries. To identify causes and develop countermeasures, Tribal Transportation Program Safety Funds
(TTPSF) have been made available to federally recognized Indian Tribes through a competitive,
discretionary program. Each year under the FAST Act, 2% of the available TTP funds are set aside for Tribal
transportation safety. Eligible projects for the TTPSF under the FAST Act include 1) the development and
update of transportation safety plans; 2) crash data assessment, improvement, and analysis; and, 3)
infrastructure improvements and other eligible activities listed in 23 U.S.C. 148(a)(4).
The development of a Strategic Transportation Safety Plan (STSP) has been encouraged as a means to
address transportation safety issues in tribal communities through the four Es: Engineering, Enforcement,
Education, and Emergency Medical Services. Using TTP safety funds, the Kaw Nation developed its own
STSP in 2015 to serve as a foundation and justification for safety improvements projects. The goal of the
safety plan is to identify data-driven needs regardless of resources or specific funding. After three years,
a Tribe may apply for funding to update the transportation safety plan. Updates may assess safety data
improvement opportunities, consider priority areas from the STSP, and reevaluate available safety data
and priorities.

Kaw Nation

The Kanza (Kansa) or the Wind People are collectively known as the Kaw Nation. The tribal enrollment is
currently over 3,500. The Kaw people were the predominant Tribe in the area now recognized as northern
and eastern Kansas, but their hunting territory extended to the west. Westward expansion to the
agricultural lands produced by the Missouri and Kansas Rivers disrupted Kaw territory. The Kaw Allotment
Act of 1902 stripped the Tribe of any kind of legal status until Indian Reorganization in 1959. In the fall of
1871, the northeast portion of the former Osage holdings was selected, and the Tribe was moved from
Council Grove, Kansas, to the 100,000 acres purchased from the Osage Nation for the Kaw Reservation in
northern Indian Territory (Kay County, Oklahoma). In the 1960s, the U.S. Army Corps of Engineers
dammed the Arkansas River and built Kaw Lake over most of the designated Kaw Reservation. Many tribal
members were displaced, and the original settlements inundated. Prior to flooding, the Kaw Council
House was relocated, and the tribal cemetery was moved north of Newkirk. The main tribal complex is
found in Kaw City, on the peninsula extending into Kaw Lake.
In the state of Oklahoma, Tribes have designated jurisdictional area. The Kaw Nation tribal jurisdictional
area is found in the eastern portion of Kay County, but the transportation network covers much of the
area to the west. For Tribes in Oklahoma, the U.S. Census Bureau, through the American Community
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Survey (ACS), identifies and delineates federally recognized Tribes that formerly had a reservation in
Oklahoma Territory as an Oklahoma Tribal Statistical Area (OTSA). The boundary of an OTSA is the former
reservation in Oklahoma, except where modified agreements with neighboring Tribes for statistical data
presentation purposes. The Kaw Nation transportation network covers the U.S. Census designated OTSAs
and will be the geographic region of study for this transportation safety plan update (Figure 1).
.

FIGURE 1. KAW NATION TRANSPORTATION NETWORK

Kaw Nation Transportation Safety Plan Update

The purpose of this document is to provide an update of the transportation safety plan that was developed
in 2015 for the Kaw Nation.
The process for this update will follow the initial transportation safety plan: 1) Identification of concerns;
2) Development of solution strategies; and 3) Site specific implementation.
In August 2017, the Tribal Transportation Strategic Safety Plan for the county was presented to the U.S.
Congress. The national plan was intended to identify and discuss common transportation safety issues
Page | 2

for Tribes across the country. The plan justifies the need and funding for Tribal areas by recognizing that
solid data collection methods are lacking that would allow Tribes to better understand, identify, and share
tribal transportation safety issues.
Five emphasis topics were identified at the national level to improve safety on Tribal lands:
•
•
•
•
•

Occupant Protection Devices
Roadway Departure
Impaired Driving
Pedestrians
Availability of Public Safety Services

Emerging topics of interest to Tribes were speed, driver distraction, intersections, young drivers, older
drivers, animal-vehicle crashes, and off-road transportation.
Due to COVID-19 outbreak at the time of developing this document, a public meeting was not possible.
Therefore, public outreach was conducted via online questionnaire. The results of this questionnaire have
been used to identify the emphasis areas for the Kaw Nation.

Kaw Nation Public Outreach
Tribal Transportation Survey

A tribal transportation safety questionnaire was posted on the Kaw Nation website and on the Tribe’s
Facebook page. The survey was active for over two weeks and advertised by the Transportation Director.
The questionnaire asked for comments about the five main emphasis areas identified at the national level.
The questionnaire then asked if the following transportation concerns were relevant to the Kaw Nation:
•
•
•
•

Speed
Driver Distraction
Intersections
Young Drivers

•
•
•

Older Drivers
Off-Road Transportation
Animal Vehicle Crashes

Respondents were given the option to share any further tribal transportation concerns. Six complete
responses and one partial response were received. A full summary of the survey and responses can be
found in Appendix A.

Main Emphasis Areas

The table below summarizes the comments provided for the main emphasis areas. These comments are
taken directly from survey responses.
TABLE 1. MAIN EMPHASIS AREAS RESPONSES
1. OCCUPANT PROTECTION DEVICES (seat belts, child safety seats, etc.)
Should be used ever time in any vehicle
n/a

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Every occupant in a vehicle should wear a seatbelt at all times. Children should be in safety seats according
to their age and weight.
Very relevant to Kaw Nation
seat belts do save people child seats are a must
Important for infants and children. If not followed violation of law.
It is important for all people to wear seat belts and use child safety seats. Not only are these laws but also
is protection in case of accidents which could save lives.
we need to keep our people safe it is very important.
2. ROADWAY DEPARTURES (a crash which occurs after a vehicle crosses an edge line or center line)
Kay County has had a few deaths due to roadway departures over the years
counties would like to continue our maintenance agreements to help stripe roads for clearer markings and
signage.
Most crashes that involve a vehicle crossing end in fatality or serious injury. Edge lines and centerlines
need to be marked on Kaw Nation rural roads as well as curve markings
most of the roads in the country have no center line or edge lines
Not sure about this question. Kaw City highway is very dangerous.
Our roads are not always up to standards. Some roads are hazardous with pot holes and the shoulders of
the roads could be damaged. Hitting these could cause your car to swerve into oncoming traffic or losing
control completely. Very important to keep roads in good shape.
3. IMPAIRED DRIVING (most commonly driving under the influence)
I think Kay County has a high impaired driving rate
n/a
many people drive on back roads when impaired. This affects Kaw Nation as many of our roads are "in the
country". Statistics in this area show many people continue to drive while impaired.
I do not know how to keep impaired drivers off of roads
Substance abuse is a problem.
Employees drive cars that are leased or owned by Kaw Nation. Driving records are checked and vehicles
are used for business only not pleasure. Getting a DUI or DWI could affect your ability to drive for the
Nation which could be detrimental to your job.
4. PEDESTRIANS (people walking and/or biking)
Not a lot of pedestrian traffic
a walking trail/bike path from Newkirk to the tribal headquarters along river road may be a need.
Not that relevant as our roads are not in a community except for Kaw Nation housing
N/A
Highway 11 goes through Kaw City. Should be marked if crossing highway or riding a bike.
Roads need to be clearly marked for bikers and pedestrians. We have a lot of them in our area.
5. AVAILABILITY OF PUBLIC SAFETY SERVICES (emergency response)
It takes longer in some of the more remote areas of Kay County
continue the cross agreements with the county and other municipalities
Emergency services are adequate
This is a place I think we should try to improve
Newkirk has service from Newkirk. Not sure if Kaw City has an ambulance or if they rely on Shidler, which
is approximately 20 miles away. Would be good to have this service.
Especially with the pandemic we are experiencing we need to have an emergency response system and
policies in place. We need to know what we need to do in case of an emergent situation. Tornadoes are
also prevalent in our area. We need to be ready to assist our members and community
6. Please provide any specific details about driver behavior or geographic locations.
speed is a major problem everywhere as well as driver distraction. There are many animal/vehicle crashes.

Page | 4

with country driving you can always be distracted by whats around you
Intersection at LA Cann and River Road is dangerous, especially after bingo is over. Would help if blacktop
was repainted along with side roads.
7. Lastly, please discuss any other transportation safety concerns for the Kaw Nation.
Guardrails
Widen shoulders
Shoulder drop offs
Improve some dirt and gravel roads
Improve older bridges in the area
Update older signs in the area
Start a Kaw Nation Public Transportation Hub
Maintain all paved roads in the service area
Improve Kaw Nation parking facilities
Expand Kaw Nation parking at gas stations and casinos to boost economic growth
would like to maintain our working relationship to better provide safe roads and bridges to our public.
Thanks for all you have done
Safety concerns are road markings, guard rails, rough roads that may cause disruption in driving. There is
also the problem of farm equipment on the roads.
We can always use improvements to roads and bridges as they get older
LA Cann road now has high truck traffic now because of construction of wind farms and new rock quarry.
I feel I have discussed these in the first questions.

Other Transportation Concerns

Although not selected as national priority topics, these transportation concerns are experienced across
the nation by a number of tribes. Figure 2 shows the result of the transportation concerns survey.
Intersections and driver distraction were considered to be the most critical safety issues. Intersections
may be the result of road geometry deficiencies. Driver distraction is the result of human behavior.
FIGURE 2. KAW NATION TRANSPORTATION CONCERNS

Transportation Concerns
OFF-ROAD TRANSPORTATION (ATVS, ETC.)
ANIMAL - VEHICLE CRASHES
OLDER DRIVERS
YOUNG DRIVERS
INTERSECTIONS
DRIVER DISTRACTION
SPEED
0

Page | 5

1

2

3

4

5

6

Crash Data Analysis
Kaw Nation Collisions (2015-2019)

The Oklahoma Department of Transportation (ODOT) allows access to collision data throughout the state
through their SAFE-T (Statewide Analysis for Engineering and Technology) database. Collisions data can
be accessed for counties, municipalities, and other geographic regions. Data can also be examined by
specific streets or ranges of streets. The geographic region studied is the area covered by the NTTFI
Routes, mostly represented by the Oklahoma Tribal Statistical Areas for the Kaw Nation. Collisions
counted in this analysis are those that intersect the Kaw Nation NTTFI routes, that fall within the Kaw
OTSA, and those along SH 11. The map below shows the collisions included for the purposes of this study
(Figure 3). The total count is 461 collisions. Contributing factors and other conditions were analyzed over
the most recent five year period (2015-2019).
Collisions are ranked on a severity scale of 1 to 5:

•
•
•

1 – Property Damage Only (PDO)
2 – Possible Injury
3 – Non-incapacitating Injury

•
•

4 – Incapacitating injury
5 – Fatality

Collisions with a severity class of 3, 4, or 5 will collectively be referred to as “severe collisions.”

FIGURE 3. KAW NATION COLLISIONS (2015-2019)
Page | 6

Road geometry design and human behavior are the critical components for roadway safety. Collision data
reveal troublesome locations, roadway deficiencies, and primary contributing factors. An examination of
the contributing factors looks at the overall types of collisions, whether drugs and alcohols were involved,
and the weather and lighting conditions.
The following table shows the number of known collisions where drugs and alcohol were involved. As
expected, DUIs account for a higher percentage of severe collisions.
TABLE 2. KAW NATION COLLISIONS – DUIS
All Collisions
461

DUI - All (%)
63 (13.7%)

Severe Collisions
72

DUI - Severe (%)
13 (18.1%)

Figures 4 and 5 show the lighting and weather conditions for the Kaw Nation collisions. Most of the
collisions occurred during Daylight and with Clear conditions.

Lighting Conditions
1 - Daylight
2 - Dark (not lighted)
3 - Dark (lighted)
4 - Dawn
5 - Dusk
7 - Other
9 - Unknown

FIGURE 4. KAW NATION COLLISIONS - LIGHTING CONDITIONS

Weather Conditions
1 - Clear
2 - Fog
3 - Clouds present
4 - Raining
5 - Snowing
6 - Sleet/Hail
7 - Severe Crosswind
8 - Blowing Snow
9 - Blowing Sand/Dirt
10 - Other
99 - Unknown

FIGURE 5. KAW NATION COLLISIONS - WEATHER CONDITIONS

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The table below shows the counts of the types of collisions reported and their severity. The collisions
types are based on criteria by ODOT reporting in the SAFE-T database. F-O stands for “Fixed-Object.”
TABLE 3. TYPES OF COLLISIONS
Types of Collisions

1 – PDO

2 – Poss.
Injury

ANGLE-TURNING
ANIMAL
F-O BARR-CABLE
F-O BR-BEAMS
F-O BR-CURB
F-O BR-OVERHEAD

28
36
2
1
1
1

16
9

F-O BR-PIER
F-O BR-RAIL
F-O CULVERT
F-O DITCH
F-O EMBANKMENT
F-O FENCE

2
4
10
12

F-O FENCE-POLE
F-O GROUND
F-O GUARDRL-END
F-O GUARDRL-FACE
F-O MAILBOX
F-O OTHER

1

F-O POLE-OTHER
F-O TRAFF-SIGN
F-O TREE
F-O UTIL-POLE
HEAD-ON
OTH-BACKING

1
6
7
10
2
2

OTHER
OTH-SINGLE-VEH
PEDAL-CYCLE
PEDESTRIAN
REAR-END
RIGHT-ANGLE

11
3

ROLLOVER
SIDESWIPE-OPP
SIDESWIPE-SAME
Total

10
8
8
257

ANGLE-OTHER

Page | 8

12

2
9
2
2

32
32

4
10
1
3

Severity
3 – Non-Inc.
Injury
1

4 – Inc.
Injury

5–
Fatality

Total

4

3

1
1

52
46
2
1
1
1

1
1
3
2
1

3
5
17
26
2
17

2
2
1

2

1

5

1

4
6
8
2

2
3
2
15
2
2

5

1

1

1

4
1
1
1
16
24

1

1

2
4
6

1
1
6

13
2

4

4

132

38

1
5
2

1
21

1

13

1
10
19
18
6
2
17
4
1
5
53
73
31
12
9
461

Roadway Departure (RwD) Crashes

Roadway departure (RwD) crashes are defined as when a vehicle leaves the traveled way and results in a
crash. Roadway alignment is considered an important contributing factor. The national transportation
safety plan states that 35% of roadway departure fatalities in Tribal areas occurred in a horizontal curve,
in keeping with crash statistics across the country.

Roadway Departures

10

147
208

Fixed Object
No Roadway Departure
Roadway Departure Left
Roadway Departure Right

96

FIGURE 6. KAW NATION ROADWAY DEPARTURES

Emphasis Areas
Occupant Protection Devices

According to the Center for Disease Control (CDC), motor vehicle crashes are a leading cause of
unintentional injury death for Native American adults and children. The death rate for Native Americans
is more than twice of non-Hispanic whites or blacks; among all racial/ethnic groups, Native American
children experience the highest fatal and nonfatal injury rates. The major risk factors are low seat belt use
and child safety restraint use in Indian Country.
The State of Oklahoma has a primary seatbelt law which means that a driver can be pulled over for not
being buckled. Children under 2 years must be in a rear-facing car seat and car seats are required until 4
years of age. Booster seats are required until 8 years of age and children riding in the backseat must be
buckled up until 13 years of age.
The Kaw Nation established an Injury Prevention Program in 2000 that focused on child passenger safety
and offered car seats and installation. However, funding for this grant program expired and the services
no longer exist.
Strategies
Education
•
•

Establish installation and inspection programs for child safety seats.
Educate drivers and youth.
o Use car seats, booster seats, passenger restraints (seat belts) on every trip.

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Enforcement
•
•
•

Conduct short-term, highly visible child passenger safety seats and seat belts.
Combine seat belt and impairment enforcement efforts.
Collaborate with other law enforcement groups.

Roadway Departure (RwD)

Reducing rural roadway departure (RwD) is a priority concern the FHWA. The FHWA’s efforts to reduce
RwDs are guided by the Strategic Approach and Plan which targets keeping vehicles on the roadway,
providing for safe recovery, and reducing crash severity. RwDs are a major problem on rural, locallyowned roads. In Tribal area, RwD is involved in 63% of fatal crashes. Reducing Rural Roadway Departures
is one of the Every Day Counts (EDC) 5 initiatives. The Counter-measures and approaches proven to reduce
deaths focus on reducing rural roadway departures (FoRRRwD).
RwD crashes on rural roads are random and the locations where they occur often changes from year to
year, creating a challenge to determine where to install proven countermeasures. Although the locations
change, there is consistency in the risk factors which lead to the crash (e.g. narrow shoulders, roadway
alignment, light conditions, driver behavior). Analysis tools can help identify locations that are at highest
risk of future roadway departure crashes. Knowing which locations and corridors are high risk of RwDs
allows for countermeasures to be implemented systemically. Figure 7 is a map of the collisions classified
as Roadway Departures. A larger version of this map can be found in Appendix B.
Resources for RwDs:
https://safety.fhwa.dot.gov/roadway_dept/
https://safety.fhwa.dot.gov/roadway_dept/strat_approach/
https://www.fhwa.dot.gov/innovation/everydaycounts/edc_5/roadway_departures.cfm

Rollover Crashes

Rollover crashes, also referred to as Overturn crashes, are a subset of RwD, and account for most of the
highway fatalities across the nation. According to the FHWA, Rollover/Overturn (R/O) account for 30% of
all fatal RwD crashes. The risk factors for these crashes are rural areas, speed limits greater than 30 mph,
and curves. Strategies for treating R/O crashes include curve delineation, friction treatments in curves,
edge lines and shoulder rumble strips, safety edges, clear zones, traversable roadside slopes, and barriers
to shield fixed object and slopes.
Thirty-one Rollover crashes were recorded over the Kaw Nation road network. A quarter of these resulted
in severe collisions but no fatalities. Figure 8 is a map of the R/O crashes. About half of the R/O crashes
took place on US Hwy 177 or US Hwy 77. The other crashes are scattered about the road network. These
locations can be studied to determine appropriate countermeasures.

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FIGURE 7. KAW NATION ROADWAY DEPARTURE CRASHES

FIGURE 8. KAW NATION R/O CRASHES
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Fixed-Object (F-O) Crashes

Nationally, around 20% of motor vehicle crash deaths result from a vehicle leaving the roadway and hitting
a fixed-object (F-O). Across the Nation, nearly half of these deaths occur at night and nearly half involved
a tree (F-O Tree). Figure 9 shows where the Kaw Nation F-O collisions occur.

FIGURE 9. KAW NATION F-O CRASHES
Table 4 below shows the breakdown of Fixed-Object Collisions. The top five F-O collisions involved
Ditches, Trees, Utility Poles, Culverts and Fences.
TABLE 4. KAW NATION F-O COLLISIONS
Type of F-O Collisions
F-O BARR-CABLE
F-O BR-BEAMS
F-O BR-CURB
F-O BR-OVERHEAD
F-O BR-PIER
F-O BR-RAIL
F-O CULVERT
F-O DITCH
F-O EMBANKMENT
F-O FENCE
Page | 12

Count

2
1
1
1
3
5
17
26
2
17

F-O FENCE-POLE
F-O GROUND
F-O GUARDRL-END
F-O GUARDRL-FACE
F-O MAILBOX
F-O OTHER
F-O POLE-OTHER
F-O TRAFF-SIGN
F-O TREE
F-O UTIL-POLE
Grand Total

2
3
2
15
2
2
1
10
19
18
149

Appendix B provides maps that examine different types of roadway departures crashes throughout the
Kaw Nation transportation network.
Strategies
Engineering
•
•
•
•
•
•
•
•

Identify locations where greater incidences of RwDs occur.
o Identify RwD subset locations (e.g. F-O, Rollover, etc.).
Conduct a study of roadway deficiencies that are known to contribute to RwDs.
Conduct a study of driver conditions to determine the influence of driver behavior in RwDs.
Develop a Roadway Departure Strategic Plan.
o https://safety.fhwa.dot.gov/roadway_dept/docs/rwd_strategic_plan_version2013.pdf
Implement known effective RwD countermeasures.
o https://www.fhwa.dot.gov/innovation/everydaycounts/edc_5/roadway_departures.cfm
Correct roadway deficiencies shown to be linked to RwDs.
Improve signage at critical locations.
Apply high-friction surface treatments (HFST) at critical locations.
o https://safety.fhwa.dot.gov/roadway_dept/pavement_friction/high_friction/

Impaired & Distracted Driving

Native Americans experience a disproportionately high percentage of alcohol-involved crashes and have
the highest alcohol-related motor vehicle death rate of all racial groups. Drugs and alcohol often go handin-hand, and typically drugs will not be tested if alcohol is involved (drugs are metabolized differently and
require their own special tests). Most fatalities in Tribal areas involve alcohol as a contributing factor.
The State of Oklahoma is home to thirty-eight federally recognized Tribes with trust lands parceled out
within the Tribal Jurisdictional Areas. Impaired driving among Native Americans is not a measurable
statistic due to the lack of formal reservations in Oklahoma. Alcohol-related crash data for Native
Americans is only available in the event of a fatality.
As discussed in the Crash Data Analysis section, DUIs accounted for 18.1% of the severe crashes within
the Kaw Nation transportation network.
Oklahoma’s ENDUI program focuses on prevention, enforcement, adjudication, and media efforts to
reduce impaired driving-related crashes. Traffic fatalities have been declining over the last five years in
the state of Oklahoma. https://enduiok.com/.
While the Injury Prevention Program was operational, the Kaw Nation endorsed the statewide initiative
to end DUIs. In 2015, the program partnered with the Southern Plains Tribal Technical Assistance Program
(now defunct) in hosting an ENDUI event, educating youth about the dangers of impaired driving or riding
with an impaired driver.
Distracted Driving is an unsafe driving behavior that has grown with advancements in technology and
reliance upon smart phones. According to the National Highway Traffic Safety Administration (NHTSA),
distracted driving claimed over 2,800 lives in 2018. In 2015, Oklahoma became the 46th state to ban
Page | 13

texting while driving. However, law enforcement officials have stated that this ban is difficult to enforce
given privacy laws and the ability of law enforcement to indisputably observe the behavior.
Strategies
Education
•

•

Incorporate existing resources into education programs and community outreach.
o Parents are the Key: https://www.cdc.gov/parentsarethekey/
o Alive at 25: https://www.oksafety.org/aliveat25
o NHTSA: https://www.nhtsa.gov/risky-driving
Continue to develop and improve programs to discourage DUI and distracted driving for the tribal
and surrounding communities.

Enforcement
•

•

Develop a tribal road safety program using the guidelines as outlined in the Roadway to Safety
Tribal Communities Toolkit.
o https://www.cdc.gov/motorvehiclesafety/native/toolkit.html
Collaborate with county, state, and other local law enforcement officials.

Pedestrians

Across the country, pedestrian safety is common to all Tribes, regardless of population or land holdings.
Native Americans have the highest pedestrian fatality risk of any racial group. As expected, most Tribal
pedestrian fatalities occur in rural areas and after dark. The lack of pedestrian infrastructure contributes
to the risk.
The survey responses were mixed regarding pedestrian safety. The Kaw Nation does not experience a lot
of pedestrian traffic but where there are pedestrians, those areas need to be marked clearly. The Kaw
Nation transportation network experienced six pedestrian collisions during the study period, four of which
were severe (including one fatality). Two of these involved alcohol or drugs on the part of the pedestrian.
A study Oklahoma Highway Safety Office (OHSO) Interactive Crash Map dashboard revealed many more
instances of pedestrian crashes within Newkirk and Ponca City. The City of Newkirk lies within the Kaw
Nation transportation safety study area. Four ped/bike collisions occurred within Newkirk, two of which
involved children 12 years or younger. One of the children sustained incapacitating injuries.
The OHSO interactive crash maps and data portal can be found here: http://ohso.ok.gov/crash-data2.
Strategies
Engineering
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Future road improvements should account for pedestrian/bicycle use and safety.
Identify locations were pedestrian crossings are needed.
Research various pedestrian crossings and implement the best options into design plans.
o FHWA Pedestrian and Bicycle Program:
https://www.fhwa.dot.gov/planning/processes/pedestrian_bicycle/

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Education
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Integrate pedestrian and bicycle safety into existing community programs.
Develop tribal programs focused on pedestrian / bicycle safety for both drivers and non-drivers.
Develop public outreach / education based on anticipated recreational use.

Availability of Public Safety Services

Emergency response times are a major concern for most Tribes give the rurality of Indian county and
remote locations of tribal complexes in Oklahoma. To improve response times, Tribes are seeking to
update 911 systems, expand communication capabilities, and coordinate with local emergency response
systems. Communications between law enforcement and emergency medical services (EMS) are essential
to the safety and security of communities. Enabling advanced communication technologies will allow law
enforcement officials to be more mobile, respond more rapidly, and access all areas of a region. Road
conditions and weather conditions often hamper response times and disasters, natural and man-made,
forcing responders to find alternative routes.
The survey responses seemed to indicate that current public safety services are adequate. Improvements
can always be made to decrease response times especially within the rural areas. Overall, the Kaw Nation
should continue and maintain coverage agreements and collaboration with the county, municipalities,
and other service providers throughout Kay County.
Engineering
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Implement GIS resources.
o Mapped transportation network.

Enforcement
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Coordination with other emergency management organizations.
Purchase or acquire necessary hardware and software to improve communication capabilities.

Intersections

Intersections are listed within the national tribal transportation safety plan as a topic of interest of some
Tribes. Within a road system, intersections are planned points of conflict, where paths cross, separate, or
join. Intersection safety is priority at the national, state, and local levels. Uncontrolled intersections are
problematic in rural intersections. Excessive speeds and the lack of signage to indicate right-of-way can
make rural county roads intersections prone to collisions.
In the Kaw Nation safety survey, intersections were listed as the foremost concern. The crash data
revealed that intersections are indeed a transportation safety concern for the Kaw Nation. From the
available ODOT information, 174 of the 461 Kaw Nation collisions were intersection related, that is 37.7%.

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ODOT has the following intersection classifications:
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0 = not intersection related
1 = intersection-related
5 = north of intersection city street
6 = east of intersection city street
7 = south of intersection city street
8 = west of intersection city street.

These intersection crashes were queried from the Kaw Nation dataset for further examination. The map
below (Figure 10) shows the location and the types of collisions that have occurred at intersections.

FIGURE 10. KAW NATION INTERSECTION RELATED CRASHES

Right-angle collisions made up 36.8% of all the intersection-related collisions. Right-angle collisions occur
when two cars traveling at right angles to each other collide. The right-angle collisions appear to be spread
throughout the Kaw Nation transportation network. A safety review of these locations would determine
if a systemic countermeasure approach should be considered.

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Along SH 11 and US 77, multiple collision types take place along the roadways stretching through the Kaw
Nation transportation network. US 77 is part of the Kaw Nation NTTFI; yet, SH 11 is currently not on the
Kaw Nation’s NTTFI nor is it listed on any Tribe’s inventory. Nevertheless, the roadways leading to the
north are on the Kaw Nation NTTFI, and the roadways leading to the south are on the Ponca Tribe’s
inventory. A map of the intersection related collisions with the NTTFI routes can be found in Appendix B.
The FHWA provides resources and effective countermeasures for intersection related crashes, including
innovative intersection solutions.
https://safety.fhwa.dot.gov/intersection/
Strategies
Engineering
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Identify locations where greater incidences of intersection related collisions occur.
o Identify intersection-related subset locations (e.g. right-angle, angle turning, etc.)
Conduct a study of roadway deficiencies at intersection-related collisions to determine best
countermeasure.
Improve signage at critical locations.
Correct roadway deficiencies at high-incident intersections.
Correct roadway deficiencies at right-angle collision locations.
Develop a Roadway Departure Strategic Plan.
o https://safety.fhwa.dot.gov/roadway_dept/docs/rwd_strategic_plan_version2013.pdf

Site Specific Implementation
The Roadway Departure crashes, the Fixed-Object crashes, and the Intersection Related crashes were reexamined for their severity to identify critical site-specific locations (Appendix C). One stretch of roadway
presented itself as high-risk based on the crash data and importance to the Kaw Nation: State Highway 11
from US77 to Kaw City (Figure 11).

State Highway 11 into Kaw City

This 13.82-mile stretch of highway is designated as Control Section 28 in Kay County. This section of
roadway leads from US77 into Kaw City where the tribal complex is located (Figure 11).
Over the five year study period, fifty-nine collisions occurred along this stretch of highway, including three
fatalities and six injuries. On the sliding-scale analysis map, the majority of the length of the roadway is
evaluated as severe. A sliding-scale analysis identifies roadway segments with a high crash occurrence.
The full crash data report for this control section, including the sliding-scale analysis, is included within
Appendix C.

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FIGURE 11. SH11 CONTROL SECTION INTO KAW CITY

Strategies
Engineering
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Conduct a Road Safety Audit (RSA) of this control section
Coordinate and collaborate with ODOT for potential safety improvement projects
o Correct roadway deficiencies
o Implement known effective countermeasures

Conclusion
Per the FHWA, transportation safety plans are a tool to be used by Tribes to identify and address
transportation risk factors. The goal of transportation safety is to eliminate the potential for severe
collisions, those that result in injury or fatality. Transportation safety plans outline available resources
and possible efforts to reduce risk, either through roadway improvements or impacting human behavior.
This transportation plan is meant to be a dynamic document that will be adapted as needs change due to
roadway improvements, legislation changes, and technological advances.

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Sources and Guidance
Federal Highway Administration. Tribal Transportation Safety Plans. U.S. Department of Transportation.
https://flh.fhwa.dot.gov/programs/ttp/safety/plans.htm
Federal Highway Administration. Office of Safety. U.S Department of Transportation.
http://safety.fhwa.dot.gov
Oklahoma Department of Transportation. Statewide Analysis for Engineering & Technology (SAFE-T).
http://www.oksafe-t.org
Tribal Transportation Safety.
http://www.tribalsafety.org/

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Akaw_nation%3A40db3abbb8b0d773. Public record. Not legal advice.