# LONG RANGE TRANSPORTATION PLAN (2020)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Akaw_nation%3Ae700652848a27f00

## Record

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

## Text

Kaw Nation
LONG RANGE TRANSPORTATION PLAN

April 2020

DEVELOPED BY CROSS TIMBERS CONSULTING, LLC |

CONTENTS
EXECUTIVE SUMMARY ............................................................................................................................... iv
Introduction ..................................................................................................................................................1
Tribal Transportation Program.................................................................................................................1
National Tribal Transportation Facility Inventory (NTTFI) ......................................................................1
Purpose and Scope .......................................................................................................................................1
Purpose......................................................................................................................................................1
Scope ........................................................................................................................................................ 2
Funding Allocations ................................................................................................................................. 2
Part 1 – Overview of the Kaw Nation .......................................................................................................... 2
1.1

Kaw Nation Culture and History .................................................................................................. 2

1.2

Kaw Nation Tribal Jurisdictional Area ......................................................................................... 3

1.3

Kaw Nation Land Characteristics ................................................................................................ 3

1.4

Demographics .............................................................................................................................. 4

1.4.1

The Kaw Nation OTSA .......................................................................................................... 4

1.4.2

Household Income ............................................................................................................... 5

1.4.3

Working Force & Commuters .............................................................................................. 5

1.4.4

Employment Status.............................................................................................................. 6

1.5

Existing Land Use and Services Provided ................................................................................... 6

1.5.1

Residential ............................................................................................................................ 6

1.5.2

Education / Health Care ....................................................................................................... 6

1.5.3

Economic Impact ................................................................................................................. 7

1.5.4

Government / Administration .............................................................................................. 7

Part 2 – Transportation System Conditions ................................................................................................ 8
2.1

Public Roads ................................................................................................................................. 8

2.2

Bridges .......................................................................................................................................... 8

2.3

Public Transit ................................................................................................................................ 8

2.4

Pedestrian / Bicycle Facilities and Trails ...................................................................................... 9

2.5

Law Enforcement and Emergency Response............................................................................. 9

2.6

Airport and Heliport ..................................................................................................................... 9

2.7

Kaw Nation NTTFI ........................................................................................................................ 9

2.8

Traffic Volumes ........................................................................................................................... 11

2.9

BIA Road Classifications ............................................................................................................. 11

2.10

Oklahoma DOT Work Plan .......................................................................................................... 12
i

2.11

Council Grove, Kansas................................................................................................................. 13

Part 3 – Transportation Needs Analysis and Priorities ............................................................................. 14
3.1

Community Involvement ........................................................................................................... 14

3.2

Safety & Crash Data ................................................................................................................... 14

3.3

Environmental Considerations .................................................................................................. 14

3.3.1

Environmental Considerations for Long Range Transportation Plans ........................... 14

3.3.2

Environmental Regulations for Tribal Transportation ...................................................... 15

3.3.3

Environmental Analysis...................................................................................................... 16

3.3.4

Other Environmental Impact Considerations .................................................................... 17

3.4

Cultural and Historical Resources ............................................................................................. 18

3.5

Tribal Transportation Improvement Program (TTIP)............................................................... 18

3.6

Transportation Plan (20-Year) ................................................................................................... 18

3.7

Project Development ................................................................................................................. 18

3.8

Funding Resources..................................................................................................................... 19

Federal Lands Highway Program (administered by the USDOT and US DOI) ................................ 19
Federal-Aid Highway Programs (administered by FHWA and NHTSA) ........................................................ 19
Public Transportation Funding Programs ......................................................................................... 20
Alternative Funding Programs .......................................................................................................... 20
Innovative Project Finance Techniques ............................................................................................ 20
Alternative Resources............................................................................................................................ 20
Tribal Funds ............................................................................................................................................. 21
Part 4 – Conclusion ..................................................................................................................................... 21

FIGURES
Figure 1. Kaw Nation Tribal Jurisdictional Area .......................................................................................... 4
Figure 2. Kaw Nation NTTFI Map............................................................................................................... 10

TABLES
Table 1. Commuter Types of the Kaw Nation OTSAs ................................................................................. 5
Table 2. NTTFI Mileage by County and Ownership .................................................................................... 9
Table 3. ODOT Project Work Descriptions within the Kaw Nation (2019-2026) ...................................... 13
Table 4. ODOT Workplan Bridges within the Kaw Nation (2019-2026) .................................................... 13
Table 5. Tribal Transportation Program Funding Resources (FLHP)....................................................... 19

ii

APPENDICES
Appendix A – Economic Study Reports
Appendix B – School District Reports
Appendix C – Kaw Nation Bridges
Appendix D – Kaw Nation Routes AADTs
Appendix E – ODOT Rural Functional Classification Maps
Appendix F – ODOT Workplan Maps
Appendix G – Public Involvement Efforts
Appendix H – ODOT Collision Data
Appendix I – Environmental Analysis
Appendix J – Kaw Nation TTIP
Appendix K – Kaw Nation Transprotation Plan (20-year)

iii

EXECUTIVE SUMMARY
The Kaw Nation contracted Cross Timbers Consulting, LLC, to assist with the development of the
Tribe’s Long Range Transportation Plan (LRTP). This LRTP has been developed under the guidelines
of the Tribal Transportation Program (25 CFR Part 170) and to reflect the Tribe’s values and concerns.
The objectives of the plan are
•
•
•
•
•

to satisfy the requirements of 25 CFR Part 170;
to provide an accurate overview of the existing transportation system;
to identify roads that will provide safe and efficient public access to all Tribal properties and
facilities within the jurisdictional boundaries;
to plan for the maintenance of existing facilities and for the construction of future
transportation facilities;
and, to assist the economic development of the Kaw Nation while protecting natural and
cultural resource values.

iv

Introduction
Tribal Transportation Program
The Tribal Transportation Program (TTP), originally known as the Indian Reservation Roads (IRR),
addresses the transportation needs of federally recognized Indian Tribes in the United States. The TTP
is administered by the Federal Highway Administration (FHWA) and the Bureau of Indian Affairs (BIA)
in accordance with the Memorandum of Agreement (MOA), dated May 1983. This Long Range
Transportation Plan (LRTP) has been prepared for the Kaw Nation (Kaw Nation) in accordance with
that MOA.
The BIA is an agency of the United States Department of the Interior (DOI), with the primary
responsibility for the administration and management of approximately 66 million acres of land held
in trust by the United States for American Indians, Indian Tribes, and Alaska Natives. The BIA Division
of Transportation (BIADOT) is the Division of the BIA that oversees the road maintenance and road
construction programs for the TTP.

National Tribal Transportation Facility Inventory (NTTFI)
The National Tribal Transportation Facility Inventory (NTTFI), as defined in 25 CFR Part 170, includes
any facility that provides access to or is located within tribal lands. These roads, trails, and other
facilities provide safe and adequate transportation and public access to, within, and through Indian
reservation and native communities for Native Americans, visitors, recreational users, resource users,
and others, while contributing to the health and safety and economic development of Native American
communities (https://flh.fhwa.dot.gov/programs/ttp).

Purpose and Scope
Purpose
The purpose of this LRTP is to serve as a foundation and guide for the development of the
Transportation Improvement Program (TIP). The traditional LRTP is a 20-year vision document that
identifies, examines, and evaluates present and future transportation needs. This document will assist
tribal leaders in the transportation decision-making process.
The LRTP will consider the potential transportation impacts of existing and planned Kaw Nation
projects to establish a prioritized list of transportation needs and to estimate time and monetary
investments for transportation improvement projects. The LRTP will include:
•
•
•
•
•

An evaluation of a full-range of transportation modes and connections between modes such
as highway, rail, air, and water, to meet transportation needs;
Trip generation studies, including determination of traffic generator due to land use;
Social and economic development planning to identify transportation improvements or needs
to accommodate existing and proposed land use in a safe and economical fashion;
Measures that address health and safety concerns relation to transportation improvements;
A review of the existing and proposed transportation system to identify the relationships
between transportation and the environment;
1

•
•
•

Cultural preservation planning to identify important issues and to develop a transportation
plan that is sensitive to tribal cultural preservation;
A prioritized list of short- and long-term transportation needs
An analysis of funding alternatives to implement plan recommendations.

Scope
The goals of the Kaw Nation’s Roads Department are to provide safe and convenient public access
within the Kaw Nation’s boundaries and tribal statistical area, to consider public access to new
development, to conform and complement with the area-wide transportation systems, to assist with
the economic development of the Kaw Nation, and to account for and incorporate the preservation
and enhancement of cultural and environmental resources.
Public involvement is critical to understanding the tribal community’s values and perceived needs,
establish consensus, and raise community concerns. Through public meeting and other tribal venues,
the Kaw Nation will solicit public participation as part of this LRTP development. Due to the COVID-19
outbreak, public meetings were forbidden at the time of the LRTP development. Therefore, the Kaw
Nation Transportation Director engaged with Tribal and community leaders and received feedback
from them regarding the LRTP development process.

Funding Allocations
The Tribal Transportation Program (TTP) is a program of the Federal Highway Administration (FHWA),
Office of Federal Lands Highway, that provides funds to federally-recognized tribes for their
transportation needs (23 USC 202) using a statutory formula based on tribal population, road mileage,
and average tribal shares of the former Tribal Transportation allocation methodology formula. The
TTP and associated TTP Bridge Program and TTP Safety Funds are the primary resources of funding for
tribal transportation programs.
The TTP program received $456 million under Fixing America’s Surface Transportation Act (FAST Act)
in 2016. The FAST Act is a five-year highway bill authorizing $2.425 billion for the TTP from 2016 to 2020.
As a provision of FAST Act, the Tribal Self-Governance Program extends to give Tribes greater decisionmaking authority over how their TTP funds are spent. TTP funds may be used for transportation
planning, design, construction and maintenance, including safety, and a multitude of other
transportation related purposes (Appendix A to Subpart B of 25 CFR Part 170).

Part 1 – Overview of the Kaw Nation
1.1

Kaw Nation Culture and History

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 Tribe to form the
2

Kaw Reservation in northern Indian Territory (Kay County, Oklahoma). Through disease and
starvation, the population of the Kaw people dwindled from several thousand to less than 200.
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 on the peninsula extending
into Kaw Lake.
A more detailed history of the Kaw Nation can be found on the culture page of their website:
https://kawnation.com/?page_id=72. The Kaw Nation headquarters is in Kaw City, Oklahoma, and
oversees several tribal enterprises and provides health and wellness and education services for its
Tribal members of all ages.

1.2

Kaw Nation Tribal Jurisdictional Area

The state of Oklahoma has an estimated population of over 3.9 million, of which over 9% are American
Indian/Alaska Native (AIAN). The Kaw Nation tribal jurisdictional area lies in eastern Kay County, a
northern Oklahoma county that shares a border with Kansas. Kay County is rural: Ponca City is the
largest municipality with a population of 24,033. The town of Newkirk, population 2,317, holds several
major Kaw Nation facilities. The tribal headquarters is found in Kaw City, population of approximately
320.
For Tribes in Oklahoma, the U.S. Census Bureau, through the American Community 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 OTSA extends west beyond the tribal jurisdictional area
boundary. Figure 1 (page 4) shows the Kaw Nation boundary and OTSAs within Kay County.

1.3

Kaw Nation Land Characteristics

The Kaw Nation jurisdictional area is located in northern Oklahoma within the Central Lowland
physiographic province. The ecoregion is that of Flint Hills. The Flint Hills is a region of rolling hills with
relatively narrow steep valleys and is composed of shale and cherty limestone with rocky soils. In
contrast to surrounding ecological regions that are mostly in cropland, most of the Flint Hills region is
grazed by beef cattle. The Flint Hills mark the western edge of the tallgrass prairie and contain the
largest remaining intact tallgrass prairie in the Great Plains.
https://www.epa.gov/eco-research/level-iii-and-iv-ecoregions-continental-united-states

3

Figure 1. Kaw Nation Tribal Jurisdictional Area

1.4

Demographics

The demographics included in this section were selected because of their relationship with
transportation networks and considerations for transportation planning, especially tribal
transportation planning. The topics considered relevant are overall population, economic status,
employment status, commuting behaviors, and age dependency. The source of the data examined is
from the U.S. Census Bureau, American Community Survey (ACS) 2017 unless otherwise cited.

1.4.1

The Kaw Nation OTSA

Three Tribes have jurisdictional areas that lie within Kay County: the Kaw Nation, the Ponca Tribe, and
the Tonkawa Tribe. Demographic data is collected for each of these tribal statistical areas.
The overall population of Kay County is 45, 173, of which 14.7% is AIAN (alone or in combination). The
Kaw OTSA population is 5,907. The Kaw/Ponca joint-use OTSA population is 26,437, the majority of
whom live in Ponca City.

4

NTTFI routes cover the Kaw Nation OTSA and the Kaw/Ponca joint-use OTSA. For the purpose of this
study, Kaw OTSA and Kaw/Ponca joint-use OTSA comprise the geographic region examined and will
be collectively referred to as the Kaw OTSAs, multiple values listed respectively.

1.4.2

Household Income

Household income measures can be used to track the economic status of regions. The median
household income (MHI) for the state of Oklahoma is $49,767 and for the country is $57,652. The MHI
is affected by the aging of the population, patterns in work and schooling, and the trends of the local
and overall economy. The median household income for the Kaw OTSA is $48, 558, and the Kaw/Ponca
OTSA is $44,502. The income levels are notably lower than the state and the country.

1.4.3 Working Force & Commuters
The labor force participation rate refers to the number of people available for work as a percentage
of the total population. It is a measure of the active portion of an economy’s labor force. It refers to
the number of people who are either employed or are actively looking for work. Within the Kaw
Nation OTSAs, in the population 16 years and over, the Labor Force Participation Rate is 54.8% and
60.1%, below the national rate of 63.2% (U.S. Bureau of Labor Statistics, December 2019).
The unemployment rate is the percentage of unemployed workers in the total labor force. Workers
are considered unemployed if they currently do not work, despite being able and willing to do so. The
unemployment rate for the Kaw Nation OTSAs is 5.5% and 6.4%. These rates are higher than the
Oklahoma unemployment rate which was measured at 3.3% (Oklahoma Employment Security
Commission, October 2019) and the national rate which has been holding steady around 3.5% (U.S.
Bureau of Labor Statistics, January 2020).
The Oklahoma Department of Commerce is the primary economic development entity in the state
whose mission is to create and deliver high-impact solutions that lead to prosperous lives and
communities for all Oklahomans. The Kaw Nation is part of the Northern Oklahoma Workforce as
defined by the Oklahoma Department of Commerce. The Northern Oklahoma Region is comprised of
the following counties: Garfield, Grant, Kay, Noble, Pawnee, Osage, and Washington (Appendix A).
Commuter data from the Department of Commerce shows that in Kay County, 91% of workers live and
work in the same county; 4% work in the region but not in the county; and, 5% commute outside of the
Northern Oklahoma region. This means that the road network within Kay County is vital for those who
live and work there.
The commuter demographics of the Kaw Nation OTSAs show that the majority of people commute
alone. Public transportation is not widely available although two transit services operate within Kay
County. The road network is dominated by personal vehicles. Table 1 shows the commuter types
within the Kaw Nation OTSAs.
Table 1. Commuter Types of the Kaw Nation OTSAs

Commuter Type

Number

Car, Truck, Van (Alone)

11,575

Car, Truck, Van (Carpool)
Public Trans. (no Taxi)

1,243
21
5

Commuter Type

Number

Motorcycle
Bicycle

1
23

Pedestrian

353

Other Means
Work At Home

117
326

1.4.4

Employment Status

The labor force participation rate (LFPR) is a measure of an economy’s active workforce, one of the
factors of production. The U.S. labor force participation rate is defined as the number of employed
and unemployed (but looking for a job) as a percentage of the population aged 16 years and over.
Over the last decade, the LFPR has declined across the country, largely due to the recession from 20082010. Since 2016, the national LFPR has improved and as of January 2020, the U.S. LFPR was 63.4%. In
Oklahoma, the statewide LFPR has been declining over the last decade and reached a low of 61.0% in
2016 where it has leveled off (https://www.ok.gov/oesc/documents/lmichgoklfpr.pdf).
The Kaw OTSA LFPR was 54.8% and the Kaw/Ponca joint-use OTSA 60.1%.
The unemployment rate represents the number of unemployed as a percentage of the civilian labor
force (aged 16 and over). The unemployment rate for the country has been at markedly low over the
last year. The national rate was 3.6% as of January 2020. In December 2019, the state unemployment
rate was 3.4%.
The Kaw OTSA unemployment rate was 5.5% and the Kaw/Ponca joint-use OTSA was 6.4%. Both of
these are much higher than the state and national rates.

1.5
1.5.1

Existing Land Use and Services Provided
Residential

The Kaw Nation Housing Authority helps Native American families rent or purchase homes within the
towns of Newkirk, Kaw City, Ponca City, and Blackwell. The Authority provides several housingsupport options for tribal members that include low-income housing, down payment assistance,
maintenance and repairs, storm shelters, and college and youth housing assistance. On trust land,
north of Newkirk, lies the White Plume tribal housing addition. https://kawnation.com/?page_id=163

1.5.2

Education / Health Care

Cultural and academic education and health and wellness are priorities for the Kaw Nation. The Kanza
Education and Learning Center opened in 2010 and offers library resources and a gathering place for
community sharing and individual learning. The Kaw Nation Education Assistance program provides
grants and scholarships for students pursuing higher education and adults seeking vocational/
technical training. https://kawnation.com/?page_id=145
The Kaw Nation inventory intersect six school districts that service the area by running regular school
bus routes. School bus routes travel considerable distance along county roads and two-lane highways.
Blackwell and Kildare schools provided school bus route maps (Appendix B). The Kaw Nation also
6

requested the Johnson O’Malley Program and received information about eligible Kaw Nation
students serviced by the schools in the area. These reports are also included within Appendix B.
The Kaw Nation Tribal Youth Program offers counseling and life skills and education support through
cultural activities and tribal member volunteers.
The Kanza Health Clinic in Newkirk is an ambulatory clinic that provides general health and wellness
services, diabetic services, dental services, women’s health services, radiology services, and a
pharmacy. The clinic is open to members of any federally recognized Tribe pursuant to Indian Health
regulations. Other Tribal health care clinics in the area are White Eagle Health Clinic, the Pawnee
Health Center, and Osage Health Clinic. Also in Newkirk is the Kanza Wellness Center that is dedicated
to promoted health and wellness within the tribal community.

1.5.3 Economic Impact
Commerce / Enterprises / Gaming and Recreation
The Kaw Nation Business Services (KNBS) and the Kaw Gaming Incorporation (KGI) operate and
maintain the business enterprises of the Tribe. The KGI operates the two Southwind Casinos in
Newkirk and Braman as well as the gas station at Braman that has slot machines. The KNBS owns and
manages the two Smoke Shops which are located in Newkirk and Ponca City, the gas station in Kaw
City, and the Woodridge Market in Ponca City. The Kanza Gift Shop (Kaw City) is also under the KNBS
purview.

Economic Impact Studies
Kay County is part of the seven counties that comprise the Northern Oklahoma Workforce according
to the Oklahoma Department of Commerce. The seven counties are Garfield, Grant, Kay, Noble,
Pawnee, Osage, and Washington. The Northern Oklahoma economic region is dominated by oil and
gas, public education, health care, and tribal government / enterprises.
The Kaw Nation was a participating Tribe in a study published in 2019 that examined the economic
impact of Tribal Nations in Oklahoma (FY 2017). Tribal activities supported over 96,000 jobs in the
state, payed out $4.6 billion in wages and benefits, resulting in a $12.9 billion total economic impact.
The Kaw Nation’s casinos and other enterprises benefit rural health care, education, and
transportation within the State of Oklahoma.
The complete economic impact study reports are included within Appendix A.

1.5.4

Government / Administration

The People of the Southwind, known as the Kaw Nation, was formally established under the Oklahoma
Indian Welfare Act of 1936. The constitution of the Kaw Nation was ratified on April 20, 2011 and
amended April 29, 2016.
The Tribal Council is the supreme legislative body of the Kaw Nation. Council members are elected
and fill the officer positions of Chair, Vice-Chair, Secretary, and four Council Members. The current
Chair is Lynn Williams.
The General Council consists of all citizens of the Kaw Nation, 18 years or older who are deemed
mentally competent. A quorum of the General Council is comprised of 25 citizens and is required to
meet quarterly.
7

Part 2 – Transportation System Conditions
2.1

Public Roads

All public roads within the Kaw Nation tribal jurisdictional area are maintained either by the county
government, municipalities, and ODOT through MOAs (Memorandum of Agreements) with the Kaw
Nation. The Kaw Nation also has tribally owned roads and transportation facilities which are managed
and maintained through the Tribal Transportation Program.

2.2

Bridges

With over 23,000 bridges (on-highway system and off), Oklahoma has consistently ranked as one of
the worst states for structurally deficient bridges. In December 2004, the number of structurally
deficient on-system bridges reached a peak of 1,168 (17% of all bridges in Oklahoma). Since that time,
ODOT has placed a priority on bridge improvements. By the end of 2010, there were 706 structurally
deficient bridges. FWHA statistics show that Oklahoma was down to 185 structurally deficient bridges
at the end of 2017. Effective in 2018, the definition of “structurally deficient” was updated. Bridge
Condition is now determined by the lowest rating of the National Bridge Inventory (NBI) condition
ratings for Deck (Item 58), Superstructure (Item 59), Substructure (Item 60), or Culvert (Item 62). If
the lowest rating is greater than or equal to 7, the bridge is classified as Good; if it is less than or equal
to 4, the classification is Poor. Bridges rated 5 or 6 are classified as Fair.
https://www.fhwa.dot.gov/bridge/britab.cfm.
The on-system bridges are those on the state highway system. These bridges are inspected by ODOT
on a biannual cycle. Within the Kaw Nation OTSAs there are 44 on-system bridges; of these, 17 were
built prior to 1965.
The off-system bridges are those which carry the county roads and rural communities. Within the
OTSAs, there are 281 off-system bridges. Of these, 161 were constructed prior to 1965; and, over a
hundred had a sufficiency rating of 50 or less. A bridge sufficiency rating of 50 or less classifies it as
structurally deficient and eligible for the Tribal Transportation Bridge Funding.
The Tribal Transportation Bridge Program is focused on improving the number of structurally deficient
bridges. Under the FAST Act, up to 3% of TTP funds are available each year for improving deficient
bridges. Tribes may apply for funding for planning, design, engineering, preconstruction, construction,
and inspection, or to replace, rehabilitate, seismically retrofit, or paint TTP eligible bridges.
The Kaw Nation has 112 official bridges listed on its National Tribal Transportation Facility Inventory.
This number does not reflect several bridges pending inclusion (as of February 2020). The Kaw Nation
roads department is currently in the process of reconciling the bridges on the NTTFI with those on the
ODOT inventory and National Bridge Inventory. The complete list of all Kaw Nation bridges can be
found in Appendix C.

2.3

Public Transit

The Kaw Nation does not have a formal transit program but it does provide shuttles in and out of
casinos. Tribal members are able to use the on-demand transit services of the Ponca Tribe.
Public transportation options for Kay County are Cimmaron Public Transit and Cherokee Strip Transit.
Cimarron provides demand response public transit primarily originating in and around Marland,
8

Newkirk, Ponca City, Ranch Drive and White Eagle. Cherokee Strip provides demand response public
transit primarily originating in and around Blackwell, Braman, Kaw City, Peckham and Tonkawa.

2.4

Pedestrian / Bicycle Facilities and Trails

Pedestrian activity is common in Native American communities, especially near tribal complex areas.
A walking trail exists around the Environmental Building at the Kaw Nation complex in Kaw City. Ponca
City built and maintains six walking / jogging trails throughout the city.
•

https://www.poncacityok.gov/616/WalkingJogging-Trails

The town of Newkirk is currently building the Newkirk Fitness Pathway. The project was initiated by a
middle-school student who developed a plan to develop a fitness path, story walk, and bike share
program. Pathway Day, the inauguration of the Newkirk Fitness Path, was celebrated on April 27, 2019.
These links tell more about the Newkirk Fitness Pathway:
•
•

2.5

https://news.okstate.edu/articles/agricultural-sciences-naturalresources/2019/gedon_catalyst_for_change.html
https://www.newkirkherald.com/2019/05/01/community-rallies-for-pathway-day/

Law Enforcement and Emergency Response

The Kaw Nation Tribal Police Department (KNTPD) provides law enforcement services for the Tribal
jurisdictional area. Officers serve the public by enforcement of the tribal laws on trust land, through a
mutual aid agreement with the town of Newkirk, and rendering assistance as needed throughout Kay
County.

2.6

Airport and Heliport

Three small airports, two private and one public, lie within the Kaw OTSA boundaries. The public
airport is located in Ponca City. One of the private airports lies midway between Ponca City and Kaw
City; the other private airport lies just west of Newkirk.

2.7

Kaw Nation NTTFI

The Kaw Nation’s NTTFI consists of tribal roads, county or township roads, and state roadways. A map
of the Kaw Nation NTTFI is shown in Figure 2 (page 10). This map represents roadways and other
transportation facilities, such as parking lots, that are currently on the Kaw Nation’s NTTFI. As of
January 2020, 121 routes currently hold Official status within the Road Inventory Field Data System
(RIFDS) amounting to over 685 road miles. The following table shows the breakdown of official routes
by ownership. “Overlap” routes are those routes already inventoried, often by another Tribe, but still
considered eligible for Kaw Nation TTP funds expenditure.
Table 2. NTTFI Mileage by County and Ownership

Kaw Nation NTTFI

2 - Tribe
1.1

3 - State
37

5 - County / Township
646.7

11 - Overlap
0.6

Total
685.4

These numbers reflect the existing NTTFI. The Kaw Nation added routes to the 2020 NTTFI that are
awaiting approval. The Kaw Nation plans to add routes for future years as the Tribe continues to
increase and improve access to tribal and community facilities. Future transportation plans are
discussed further in Section 3.6.
9

Figure 2. Kaw Nation NTTFI Map

10

2.8

Traffic Volumes

The Annual Average Daily Traffic counts (AADT) for all the routes listed in the Kaw Nation’s NTTFI can
be found in Appendix D. These traffic counts were taken from the Oklahoma Department of
Transportation’s geospatial layer. Any routes that did not have an associated AADT were given a count
of 25. Most of the AADT values have been calculated over the most recent five-year span (2013 to
2017), with some variation depending on the most recent recordings by ODOT.

2.9

BIA Road Classifications

The BIA road system has eleven classes of routes: seven vehicular and four non-vehicular. Functional
classification is used by the BIA to group roads into a specific vehicular class based on the existing or
anticipated function of the road. The road classes are then combined with the traffic characteristics of
the road to select criteria and standards for the adequate design of the facility. Definitions of the
eleven BIA road system classes are given below, together with the list of roads the BIA-DOT inventory
includes in each class. ODOT Rural Functional Classification Maps for the counties covered by the Kaw
Nation can be found in Appendix E.
Class 1
These are major arterial roads that provide an integrated network to serve traffic between large
population centers. They generally do not have stub connections, have more than two lanes of traffic,
and carry an average traffic volume of 10,000 vehicles per day or more. The Kaw Nation has no Class
1 roads on the NTTFI.
Class 2
Class 2 roads are rural minor arterials which provide an integrated network and generally do not have
stub connections. They serve traffic between large population centers and may also link smaller towns
and communities to major destination areas that attract travel over long distances. They are generally
designed for relatively high overall speeds with minimum interference to through-traffic and carry less
than 10,000 vehicles per day. Class 2 routes provide for at least inter-county or interstate travel and
are spaced at intervals consistent with population density. The Kaw Nation has no Class 2 roads on
the NTTFI.
Class 3
Class 3 routes are streets and roads that are located within communities and serve residential or other
urban settings. These roads correspond to the Local Roads category in the state highway classification.
The Kaw Nation has 0.5 miles of Class 3 roads on the NTTFI.
Class 4
Class 4 routes are rural major collectors which collect traffic from rural local roads. The Kaw Nation
has 66.3 miles of Class 4 roads on the NTTFI.
Class 5
These are local rural roads that may include section line and stub-out roads that collect traffic for
arterial-roads and make connections within the grid of the Indian Reservation Roads system. Such
routes may serve areas around villages or provide access to farming areas, schools, tourist attractions
or various small enterprises. This class also includes roads and vehicular trails for administering forests,
grazing areas, mining and oil operations, recreation, or other purposes. The Kaw Nation has 617.2
miles of Class 5 roads on the NTTFI.
11

Class 6
These are city minor arterial streets that are located within communities and provide access to major
arterials. The Kaw Nation has no Class 6 roads on the NTTFI.
Class 7
These are city collector streets that are located within communities and provide access to city local
streets. The Kaw Nation has 10 miles of Class 7 roads on the NTTFI.
Class 8
Class 8 routes are non-road type projects such as paths, trails, walkways and other routes for public
use by foot traffic, bicycles, trail bikes, snowmobiles, all-terrain vehicles, or other nonvehicular traffic.
The Kaw Nation has no Class 8 roads on the NTTFI.
Class 9
Class 9 routes encompass other transportation facilities such as parking facilities adjacent to NTTFI
routes and scenic byways such as rest areas, other scenic pullouts, ferry boat terminals, and transit
terminals. The Kaw Nation has 0.8 miles of Class 9 routes on the NTTFI.
Class 10
Class 10 routes are defined as airstrips that are within the boundaries of the IRR system and are open
to the public. These airstrips are included for inventory and maintenance purposes only. The Kaw
Nation has no Class 10 routes on the NTTFI.
Class 11
This classification indicates an overlapping of a previously inventoried section, or sections of a route,
and is used to indicate that it is not to be used for accumulating needs data. This class is used for
reporting and identification purposes only. The Kaw Nation has 0.6 miles of Class 11 routes on the
NTTFI.
Grandfathered Routes
Within the Kaw Nation NTTFI, several routes are considered “grandfathered” which means they were
added prior to 2004. These routes were submitted without maps so their exact location is difficult to
determine.

2.10

Oklahoma DOT Work Plan

ODOT Work Plan projects occur on State Highways, US Highways, or Interstates. Eighteen of these
planned projects occur within the boundaries of the Kaw Nation OTSAs. Six ODOT Workplan Bridges
fall within the Kaw Nations OTSAs. The Project Work Descriptions of the ODOT projects are given the
in the tables below. A map of the ODOT work plan projects are included as Appendix F.

12

Table 3. ODOT Project Work Descriptions within the Kaw Nation (2019-2026)

Project Work Description
GRADE, DRAINING, BRIDGE & SURFACE
BRIDGE & APPROACHES
BRIDGE REHABILITATION
WIDEN & RESURFACE
GRADE, DRAIN & SURFACE
SHOULDER REHAB.
PAVEMENT REHABILITATION
RIGHT OF WAY
UTILITIES
Grand Total

Count
1
3
4
1
3
1
1
2
2
18

Table 4. ODOT Workplan Bridges within the Kaw Nation (2019-2026)

2.11

NBI No.

Work Code

Route

Year
Built

ADT

Program
Year

17943

07 – Grade Drain
Bridge & Surface

SH-11: OVER ABANDONED RAILROAD, 0.63
MILES EAST OF US-177 JCT (REMOVE AND FILL)

1970

3600

2025

17573

11 – Bridge &
Approaches

US60B: EB & WB OVER BOIS D' ARC CREEK 0.5
MIS. E. OF THE US 60 JCT.

1969

3250

2026

1684

11 – Bridge &
Approaches

US 177: OVER UNNAMED CREEK 5.6 MILES N.
OF SH 11

1926

790

2023

1685

11 – Bridge &
Approaches

US 177: OVER UNNAMED CREEK 7.3 MILES N.
OF SH 11

1926

790

2023

17572

11 – Bridge &
Approaches

US60B: EB & WB OVER BOIS D' ARC CREEK 0.5
MIS. E. OF THE US 60 JCT.

1969

3200

2026

14416

11 – Bridge &
Approaches

I-35: NB & SB OVER THE BLACKWELL
NORTHERN RAILROAD 8.6 MIS. N. OF SH 11

1959

7750

2021

Council Grove, Kansas

Southwest of the town of Council Grove, Kansas, the Kaw Nation holds fee lands known as Allegawaho
Memorial Heritage Park. These parcels are part of the original Kaw Reservation assigned in the 1800s.
The Memorial Park is listed on the National Register of Historic Places. The roadway on the property
belongs to the Kaw Nation The Kaw Nation transportation department purposes to develop the
roadways and walking paths in keeping with the values of cultural preservation and protection.

13

Part 3 – Transportation Needs Analysis and Priorities
3.1

Community Involvement

As stated in 25 CFR 170.413, the Tribe must solicit public involvement. Following consultation with the
Kaw Nation Roads Department, a public involvement plan was developed. To share the LRTP plans
and gather input from members of the Kaw Nation and local communities, a presentation was
scheduled for the Tribal Council meeting on April 5, 2020. However, due to state-mandated closure of
non-essential businesses and shelter-in-place restrictions, all public meetings were canceled through
April 30, 2020.
Letters via emails were sent to the respective county commissioners. These contact letters requested
a review of the existing NTTFI, the overall Kaw Nation transportation network, and any project
suggestions for collaboration with for the Kaw Nation transportation program.
Emails with a link to download the draft LRTP were distributed to a large audience of tribal and
community leaders and decision makers. The outreach list and the responses received have been
included within Appendix G.

3.2

Safety & Crash Data

The Kaw Nation is committed to improving the overall safety of the transportation system. Through
various transportation improvement projects, the roads department of the Kaw Nation continually
strives to improve transportation safety for all the citizens within the Kaw Nation jurisdictional area.
In 2015, the Kaw Nation developed a Strategic Transportation Safety Plan (STSP) using TTP Safety
Funds.
Crash data is researched to identify potential causes of collisions and help prioritize projects based on
needed safety improvements. SAFE-T (Statewide Analysis for Engineering & Technology) is a database
hosted by ODOT for the purposes of studying crash data. Over a five year period (2014-2018), nearly
2,400 collisions occurred within the Kaw Nation OTSAs boundaries. This count includes highways, city
streets, and county roads: this count does not include collisions along the Interstate.
Although ODOT queries for tribal jurisdictional boundaries, the Kaw Nation result does not account
for the extent of the NTTFI within the OTSAs. Therefore, the full Kay County collision report from the
Oklahoma Department of Transportation is included within Appendix H.

3.3
3.3.1

Environmental Considerations
Environmental Considerations for Long Range Transportation Plans

The Tribal Transportation Program (25 C.F.R. Part 170) outlines the necessity and purpose of a long
range transportation plan (LRTP) (§ 170.409). Additionally, guidance is provided on what should be
included in an LRTP (§ 170.411). Part (e) of this section documents the need to identify relationships
between transportation and the environment. This regulatory guidance is still very general and broad
in scope. However, within 25 C.F.R. 170.415 the regulations discuss pre-project planning, part (a)
stating: “Pre-project planning and project identification studies... include the activities conducted
before final project approval on the TTPTIP. These processes provide the information necessary to
financially constrain and program a project…” Activities included in pre-project planning are
preliminary environmental and archeological reviews.

14

The above guidance provides both a fairly broad (§ 170.411.e) and more focused (§ 170.415.a.5) view of
how environmental considerations should be included within the transportation planning process.
Although these regulations are open to interpretation, they do outline the necessity of including
environmental (and historical/cultural) resources into planning. Furthermore, the guidance indicates
having enough knowledge concerning these resources, and their effects on proposed projects, to be
able to aid in financial determinations within the TTPTIP.
The goal of this section on environmental considerations is to aid in determining the potential impact
of environmental resources to proposed projects. These resources are routinely discovered late in the
project planning process and often cause unplanned delays and expenditures. Having a general
understanding of the resources likely to be encountered along each proposed route can aid in
determinations of longevity of projects as well as potential costs.

3.3.2

Environmental Regulations for Tribal Transportation

The National Environmental Policy Act (NEPA) (42 U.S.C. 4321) was enacted in 1970 to:
•
•

•

declare a national policy which will encourage productive and enjoyable harmony between
man and his environment;
to promote efforts which will prevent or eliminate damage to the environment and biosphere
and stimulate the health and welfare of man; to enrich the understanding of the ecological
systems and natural resources important to the Nation; and,
to establish a Council on Environmental Quality. Section 102 in Title I of NEPA requires federal
agencies, or those with a federal nexus, to incorporate environmental considerations in their
planning and decision-making through a systematic interdisciplinary approach.

Specifically, all federal agencies are to prepare detailed statements assessing the environmental
impact of and alternatives to major federal actions significantly affecting the environment. All tribal
transportation projects utilizing federal funds (i.e., the federal nexus) must submit to the NEPA
process, regardless of project intensity. Generally, this means consultations regarding archaeological
resources, threatened and endangered species, and water resources.
The Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531 – 1544) provides for the conservation of
ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend. The
ESA prohibits actions that may harm or jeopardize the continued existence of any threatened or
endangered species, or critical habitat.
Critical habitat is a term in the ESA denoting areas designated by the Service that have features
essential for the conservation of a threatened or endangered species and that may require special
management considerations or protection. The designation of critical habitat does not affect land
ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not
allow government or public access to private lands. Federal agencies that undertake, fund or permit
activities that may affect critical habitat are required to consult with the Service to ensure such actions
do not adversely modify or destroy designated critical habitat. The designation does not affect purely
private or state actions on private or state lands or require lands to be positively managed for
conservation.
The Clean Water Act (CWA) as amended in 1972 (33 U.S.C §1251) establishes the basic structure for
regulating discharges of pollutants into the waters of the United States and regulating quality
15

standards for surface waters. Section 404 of the CWA is likely the most pertinent regulation within
the CWA in regard to tribal transportation. Section 404 regulates the discharge of dredged or fill
material into jurisdictional waters regulated under the CWA. These Waters of the United States
(WOTUS) have undergone constant debate over their definition and have recently (early 2020)
undergone significant changes.
On 23 January 2020 the EPA and USACE finalized and signed the new Navigable Waters Protection Rule
(NWPR), effectively making it guiding rule for determining federal jurisdiction for WOTUS. As of the
writing of this document the NWPR has not been published in the Federal Register, however, this is to
be expected by mid-2020.
The NWPR outlines 4 clear categories of waters that are considered Waters of the United States:
1) territorial seas and traditional navigable waters (TNWs),
2) tributaries,
3) lakes, ponds, and impoundments of jurisdictional waters, and
4) adjacent wetlands.
The first 3 categories are essentially the same as what had been established with previous rulings;
however, categorizations and definitions of features have changed somewhat. Specifically, tributaries
now include only perennial and intermittent rivers and streams that contribute surface flow to TNWs
in a typical year and must flow more often than purely in response to individual precipitation events.
Likewise, the NWPR provides an updated definition for determining jurisdiction of wetlands,
establishing “adjacent wetlands” as an individual category of water to be considered a WOTUS. A
wetland is considered “adjacent” to an established WOTUS if it: 1) physically touches a WOTUS, 2) is
separated from a WOTUS by only a natural berm or bank, 3) is inundated by flooding from a WOTUS
in a typical year, or 4) maintains a direct hydrologic surface connection to a WOTUS (via an artificial
feature or flooding in a typical year) even if physically separate from the WOTUS.
These updated definitions of tributaries and wetlands, while somewhat confusing, provide regulatory
relief for transportation projects. The relief primarily comes from the deregulation of ephemeral
streams and isolated wetlands, which are the primary culprit in delaying projects as far as water
resources are concerned.

3.3.3

Environmental Analysis

Two primary environmental resources affecting transportation projects – endangered species and
water resources – are outlined in this section and provide a summary of the extent to which these
affect each inventoried route. Discussed below are the regulations surrounding these resources, why
they are pertinent to tribal transportation projects, the process for collecting the information is
described, and lastly, the results of the findings presented. (Appendix I).
Given the importance of the NEPA process to Tribal transportation projects and the ubiquity of both
ESA listed species and wetland WOTUS, the relative probability of these resources occurring within
each county and intersecting individual routes was determined. This process was based primarily on
geospatial intersections between the stated environmental resources and inventoried routes. For ESA
listed T&E species, the USFWS maintains a publicly accessible geospatial database of all species
delineated ranges, as well as designated critical habitat. Species ranges which overlapped routes were
16

documented as impacts to these species would need to be addressed within any NEPA review for that
route.
A more detailed analysis was used to determine the probability of occurrence for the American burying
beetle (ABB) on each route based on the current notorious status of this species affecting
transportation projects timing and costs. This analysis was based on all reported ABB trap locations
for 2013-2017, which were publicly available through the USFWS Tulsa field office. This data provided
locations for traps and documented presence/absence of ABB for each. This presence/absence data
was then paired with land use data from the 2011 National Land Cover Dataset (NLCD), prepared by
the United States Geological Survey (USGS) and modeled to create a habitat suitability map. This map
output (Appendix I) predicts the probability of occurrence for ABB, based on the suitability of the
habitat in the surrounding areas, across the entire ABB range in Oklahoma. The ABB probability for
each route is based on the averaged probability across the length of each route, based on this map.
For wetlands estimations, the publicly available National Wetlands Inventory (NWI) map, also
maintained by the USFWS, was used. A 50’ buffer was created around each inventoried route to
simulate the average area of impact for the average transportation project. The reported acreage of
wetlands (Appendix I) is the acreage of overlap of NWI mapped wetlands with this buffered region.
This acreage did not include freshwater ponds, which are listed on the NWI but are not considered
jurisdictional WOTUS.
This information represents general environmental considerations for each route based on the NEPA
process and provides guidance for potential environmental resources that are likely to occur on each
route. General ecological knowledge of many of these species can further provide guidance on
potential impacts and probability of occurrence along routes. The complete species and wetlands
report are found in Appendix I.

3.3.4

Other Environmental Impact Considerations

National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public health
and the environment are set by the Environmental Protection Agency (EPA). The six principal
pollutants are Carbon Monoxide (CO), Lead (Pb), Nitrogen Dioxide (NO2), Ozone (O3), Particulate
Matter, and Sulfur Dioxide (SO2). Kay County falls within an air quality attainment area based on the
NAAQS. Local air quality may experience a decline during construction activities based on the use of
heavy trucks and generation of dust but would not be expected to have lasting adverse impacts.
Transportation improvement projects are expected to take place during normal working hours. No
sensitive light receptors would be present. Increased noise is expected from construction activities,
but these disturbances would be minor and limited to the duration of the construction project.
Floodplain management would be considered for each transportation project. Ideally, any road
improvement projects would be designed to alleviate the potential for flooding and improve drainage
structures.
Environmental Justice ensures that minority and low-income populations and Native American
populations receive fair treatment with respect to the environmental impacts. The social and
economic characteristics of the Kaw Nation have been discussed in a previous section. This LRTP has
been commissioned by the Kaw Nation Transportation Department. Any proposed construction
17

activities would be tribal endeavors. Transportation network improvements would have beneficial
social and economic impacts by providing jobs and improving road conditions and increasing safety.

3.4

Cultural and Historical Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended, Federal
agencies must consider the effects of projects they carry out, approve, or fund on historic properties.
The BIA, as the federal land management agency, is tasked with NHPA compliance. Therefore, prior
to the expenditure of TTP or any other federal funds, proposed projects will be reviewed and
evaluated for potential impacts to cultural and historical resources. If required, cultural resources
surveys will be conducted and the proper agencies consulted.
The Native American Graves Protection and Repatriation Act (NAGPRA) protects cultural items and
grave sites on federal or tribal lands. NAGPRA requires agencies that receive federal funding to return
Native American cultural items to lineal descendants and culturally affiliated Indian Tribes and Native
Hawaiian organizations. NAGPRA establishes procedures for the inadvertent discovery or planned
excavation of Native American cultural items on federal or tribal lands.

3.5

Tribal Transportation Improvement Program (TTIP)

The Kaw Nation Roads Department develops the Tribal Transportation Improvement Program (TTIP)
to prioritize listings of project to be carried out in five-year periods. The TTIP is completed in
accordance with the 25 CFR Part 170.421-220. The approved Kaw Nation 2020 TTIP can be found in
Appendix J.

3.6

Transportation Plan (20-Year)

A 20-year transportation plan was developed by the Transportation Director based on review of
current TIPs. The Transportation Director created a list a list of potential projects based on research
and consultation. The projects on this list are considered a general plan and may be revised, deleted
or expanded during the period of the LRTP. The complete analysis of projects and 20-year schedule
can be found in Appendix K.

3.7

Project Development

The Kaw Nation Roads Department administers their program through a Tribal Transportation
Government to Government Agreement (G2G) with the Bureau of Indian Affairs. A Tribe with a G2G
administers its own TTP as authorized by Chapter 2 of Title 23, as amended by: Public Law 114-94, Fixing
America’s Surface Transportation Act (FAST Act); and, Public Law 109-59, Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The TTP activities transferred to
a Tribe through a G2G may include:
•
•
•
•
•
•
•
•

Transportation Planning
Construction Management
Program Administration
Design
Construction
Road Maintenance (25% of TTP funds or $500,000, whichever is greater)
Develop Tribal-State Maintenance Agreements
Other TTP-eligible activities (including TTP Safety and Bridge)
18

3.8

Funding Resources

The FHWA Office of Planning provides a comprehensive review of Tribal Transportation Funding
Resources in cooperation with the Bureau of Indian Affairs, the Tribal Technical Assistance Program,
other FHWA offices, and the Federal Transit Administration. The purpose is to assist with
transportation planning and to assist with developing a financial profile for each project listed in the
Tribal Transportation Improvement Plan. Outside of FHWA, federal funding sources related to
planning and development, housing and communities, transit, and safety are available.

Federal Lands Highway Program (administered by the USDOT and US DOI)
The programs listed here are the primary source of funding for Tribal Transportation Programs.
Table 5. Tribal Transportation Program Funding Resources (FLHP)

Funding
Program
Emergency
Relief – Federal
Roads
Tribal
Transportation
Program (TTP)
TTP
Maintenance
TTP Bridge
Park Roads &
Parkways
Public Lands
Highways
Refuge Roads

Purpose
Assistance for roads to and within federal and
Indian lands, damaged by natural disaster or
catastrophic failure
TTP road and bridge infrastructure planning,
maintenance, repair and construction
TTP road system maintenance on both the BIA
and larger TTP systems
TTP bridge planning, design, engineering,
preconstruction, construction, inspection and
repair
National park road planning, engineering and
construction
Indian reservation, national park and public
lands roadway, parkway and transit planning,
research, engineering and construction
Maintenance and improvements to National
Wildlife Refuge System roads

Administering
Agency
USDOT – FHWA

Federal Share

USDOT – FHWA
UDOI – BIA

100%

USDOT – FHWA
UDOI – BIA
USDOT – FHWA
UDOI – BIA

100%

USDOT - FLH
USDOI – NPS / FWS
USDOT – FHWA
USDOI

100%

USDOT – FHWA
USDOI - FWS

100%

100%

100%

100%

Federal-Aid Highway Programs (administered by FHWA and NHTSA)
Highway Funds
•
•
•
•
•
•
•
•
•
•
•
•

CMAQ (Congestion Mitigation – Air Quality)
Equity Bonus
Ferry Boat Discretionary
Highway Bridge
Highway for LIFE Pilot
High Priority Project
National Corridor Infrastructure Improvement
National Highway System
National Scenic Byways
Projects – National/Regional Significance
TCSP
Truck Parking Facilities

19

Flexible Funds
•
•

Surface Transportation Program
STP – Transportation Enhancements

Non-Motorized Funds
•

Recreational Trails

Safety Funds
•
•
•
•
•
•
•
•

Alcohol-Impaired Driving Countermeasures Incentive
Child Safety – Booster Seat Incentive
Highway Safety Improvement
Motorcyclist Safety
Occupant Protection Incentive
Safe-Routes-to-School
Safety Belt Performance
State-Community Highway Safety

Public Transportation Funding Programs
•
•
•
•

Elderly and Persons with Disabilities (5310)
Rural and Small Urban Areas (5311)
Job Access and Reverse Commute (5316)
New Freedom (5317)

Alternative Funding Programs
•
•

Outdoor Recreation, Acquisition, Development and Planning Program
Rivers, Trails and Conservation Assistance Program

Innovative Project Finance Techniques
•
•
•

Grant Anticipation Revenue Vehicle
Public Private Partnerships (PPP)
State Infrastructure Bank (SIB)

Alternative Resources
Below is a list of some of the funding options applicable for the Tribe.
•

•

•

•

U.S. Department of Health & Human Services, Administration for Native Americans (ANA),
Social & Economic Development Strategies (SEDS)
o https://www.acf.hhs.gov/ana/programs/seds
U.S. Department of Health & Human Services, Indian Health Service, Tribal Injury Prevention
Cooperative Agreement Program (TIPCAP)
o https://www.ihs.gov/injuryprevention/tipcap/
U.S. Department of Housing and Urban Development, Office of Native American Programs
(ONAP), Indian Community Development Block Grant Program (ICDGB)
o https://www.hud.gov/program_offices/public_indian_housing/ih/grants/icdbg
U.S. Department of the Interior, Bureau of Indian Affairs, Indian Highway Safety Program
o https://www.bia.gov/bia/ojs/dhs/

20

•
•

•

U.S. Department of the Interior, Bureau of Indian Affairs, Tribal Resilience Program (TRP)
o https://www.bia.gov/bia/ots/tribal-resilience-program
U.S. Department of Transportation, Office of Federal Lands Highway, Tribal Transportation
Safety Funds (TTPSF)
o https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm
The U.S. Department of Transportation, BUILD (Better Utilizing Investments to Leverage
Development) program
o https://www.transportation.gov/BUILDgrants

Tribal Funds
Tribes may use their own self-generated funds for transportation projects of their choosing. These
funds are not federal monies and are therefore not subject to NEPA (National Environmental Policy
Act) which requires all federal agencies to prepare documents that assess the potential environmental
effects of proposed actions.

Part 4 – Conclusion
This Long Range Transportation Plan was initiated by Mr. Skylar Mathews, Director of the Kaw Nation
Transportation/Roads Program, with the purpose of utilizing available TTP funds and to consider the
Tribe’s transportation development future. The purpose of the plan is to present an overview of the
existing transportation network and provide supplemental information for transportation decisionmaking. The development of this plan will allow the Kaw Nation to move forward with its NTTFI,
qualify for TTP funding, and pursue other funding resources. The plan will require regular monitoring
of the transportation system and will guide the progress of the tribal transportation program.

21

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Akaw_nation%3Ae700652848a27f00. Public record. Not legal advice.