Part 170 - Tribal Transportation Program  


Subpart A - Policies, Applicability, and Definitions
§ 170.1 - What does this part do?
§ 170.2 - What policies govern the TTP?
§ 170.3 - When do other requirements apply to the TTP?
§ 170.4 - How does this part affect existing Tribal rights?
§ 170.5 - What definitions apply to this part?
§ 170.6 - Acronyms.
§ 170.7 - Information collection.
Subpart B - Tribal Transportation Program Policy and Eligibility
Consultation, Collaboration, Coordination
§ 170.100 - What do the terms “consultation,” “collaboration,” and “coordination” mean?
§ 170.101 - What is the TTP consultation and coordination policy?
§ 170.102 - What goals and principles guide program implementation?
§ 170.103 - Is consultation with Tribal governments required before obligating TTP funds for direct service activities?
§ 170.104 - Are funds available for consultation, collaboration, and coordination activities?
§ 170.105 - When must State governments consult with Tribes?
§ 170.106 - Should planning organizations and local governments consult with Tribes when planning for transportation projects?
§ 170.107 - Should Tribes and BIA consult with planning organizations and local governments in developing projects?
§ 170.108 - How do the Secretaries prevent discrimination or adverse impacts?
§ 170.109 - How can State and local governments prevent discrimination or adverse impacts?
§ 170.110 - What if discrimination or adverse impacts occur?
Indian LTAP-Sponsored Education and Training Opportunities
§ 170.175 - What Indian LTAP-sponsored transportation training and educational opportunities exist?
§ 170.176 - Where can tribes get scholarships and tuition for Indian LTAP-sponsored education and training?
Tribal Technical Assistance Centers
§ 170.138 - What are Tribal Technical Assistance Centers?
Recreation, Tourism and Trails
IRR Program Coordinating Committee
§ 170.155 - What is the IRR Program Coordinating Committee?
§ 170.156 - What are the IRR Program Coordinating Committee's responsibilities?
§ 170.157 - What is the IRR Program Coordinating Committee's role in the funding process?
§ 170.158 - How does the IRR Program Coordinating Committee conduct business?
Transit Facilities
§ 170.131 - How do Tribes identify transit needs?
§ 170.132 - What Federal funds are available for a Tribe's transit program?
§ 170.133 - May a Tribe or BIA use TTP funds as matching funds?
§ 170.134 - What transit facilities and activities are eligible for TTP funding?
§ 170.148 - What is a tribal transit program?
§ 170.149 - How do tribes identify transit needs?
§ 170.150 - What Federal funds are available for a tribe's transit program?
§ 170.151 - May a tribe or BIA use IRR Program funds as matching funds?
§ 170.152 - What transit facilities and activities are eligible for IRR Program funding?
Eligible Uses of TTP Funds
§ 170.111 - What activities may be carried out using TTP funds?
§ 170.112 - What activities are not eligible for TTP funding?
§ 170.113 - How can a Tribe determine whether a new use of funds is allowable?
Use of IRR and Cultural Access Roads
Toll, Ferry and Airport Facilities
Toll, Ferry, and Airport Facilities
§ 170.120 - How can Tribes use Federal highway funds for toll and ferry facilities?
§ 170.121 - Where is information about designing and operating a toll facility available?
§ 170.122 - When can a Tribe use TTP funds for airport facilities?
TTP Housing Site or Area Entry Roads
§ 170.118 - What terms apply to TTP housing site or area entry roads?
§ 170.119 - Are housing site or area entry roads and housing streets eligible for TTP funding?
TTP Coordinating Committee
§ 170.135 - What is the TTP Coordinating Committee?
§ 170.136 - What are the TTP Coordinating Committee's responsibilities?
§ 170.137 - How does the TTP Coordinating Committee conduct business?
Indian Local Technical Assistance Program
§ 170.161 - What is the Indian Local Technical Assistance Program?
§ 170.162 - How is the Indian LTAP funded?
§ 170.163 - How are Indian LTAP recipients selected?
§ 170.164 - How are tribal representatives nominated and chosen for the selection committee?
§ 170.165 - May a tribe enter into a contract or agreement for Indian LTAP funds?
§ 170.166 - What services do Indian LTAP centers provide?
§ 170.167 - How does a tribe obtain services from an Indian LTAP center?
§ 170.168 - Do Indian LTAP centers offer services similar to those of State LTAPs?
§ 170.169 - What can a tribe do if Indian LTAP services are unsatisfactory?
§ 170.170 - How are Indian LTAP centers managed?
§ 170.171 - How are tribal advisory technical panel members selected?
Seasonal Transportation Routes
§ 170.117 - Can TTP funds be used on seasonal transportation routes?
Highway Safety Functions
§ 170.141 - What Federal funds are available for a tribe's highway safety activities?
§ 170.142 - How can tribes obtain funds to perform highway safety projects?
§ 170.143 - How can IRR Program funds be used for highway safety?
§ 170.144 - What are eligible highway safety projects?
§ 170.145 - Are other funds available for a tribe's highway safety efforts?
Recreation, Tourism, and Trails
§ 170.123 - Can a Tribe use Federal funds for its recreation, tourism, and trails program?
§ 170.124 - How can a Tribe obtain funds?
§ 170.125 - What types of activities can a recreation, tourism, and trails program include?
§ 170.126 - Can roads be built in roadless and wild areas?
Eligible Uses if IRR Program Funds
Use of TTP and Cultural Site or Area Entry Roads
§ 170.114 - What restrictions apply to the use of a Tribal transportation facility?
§ 170.115 - What is a cultural site or area entry road?
§ 170.116 - Can a Tribe close a cultural site or area entry road?
TTP Safety
§ 170.127 - What are the TTP Safety Funds?
§ 170.128 - What activities are eligible for TTP-S funds?
§ 170.129 - How will Tribes receive TTP-S funds?
§ 170.130 - How can Tribes obtain non-TTP funds for highway safety projects?
IRR Housing Access Roads
Appendix B to Subpart B - Sources of Tribal Transportation Training and Education Opportunities
Appendix A to Subpart B - Allowable Uses of TTP funds
Appendix B to Subpart B of Part 170 - Sources of Tribal Transportation Training and Education Opportunities
Subpart C - Tribal Transportation Program Funding
§ 170.200 - How do BIA and FHWA determine the TTP funding amount?
§ 170.201 - What is the statutory distribution formula for Tribal shares?
§ 170.202 - How do BIA and FHWA determine and distribute the Tribal supplemental program funds?
§ 170.203 - How are Tribal transportation planning funds provided to Tribes?
§ 170.204 - What restrictions apply to TTP funds provided to Tribes?
§ 170.205 - What is the timeframe for distributing TTP funds?
TTP Data Reporting
§ 170.240 - What TTP project and activity data must be submitted annually to the Secretaries?
Relative Need Distribution Factor
§ 170.223 - What is the Relative Need Distribution Factor (RNDF)?
Tribal Transportation Allocation Methodology (TTAM)
Flexible Financing
§ 170.227 - Can Tribes use flexible financing for TTP projects?
§ 170.228 - Can a Tribe use TTP funds to leverage other funds or to pay back loans?
§ 170.229 - Can a Tribe apply for loans or credit from a State infrastructure bank?
§ 170.230 - How long must a project financed through flexible financing remain on a TTPTIP?
§ 170.300 - May tribes use flexible financing to finance IRR transportation projects?
§ 170.301 - Can a tribe use IRR Program funds to leverage other funds or pay back loans?
§ 170.302 - Can BIA regional offices borrow IRR Program funds from each other?
§ 170.303 - Can a tribe apply for loans or credit from a State infrastructure bank?
IRR Inventory and Long-Range Transportation Planning (LRTP)
§ 170.225 - How does the LRTP process relate to the IRR Inventory?
General Data Appeals
§ 170.231 - May a tribe challenge the data BIA uses in the RNDF?
§ 170.232 - How does a tribe appeal a disapproval from the BIA Regional Director?
Population Adjustment Factor
§ 170.220 - What is the Population Adjustment Factor?
§ 170.221 - What funding is available for distribution using the PAF?
IRR High Priority Project (IRRHPP)
§ 170.206 - How is an emergency/disaster defined?
§ 170.207 - What is the intent of IRRHPP emergency/disaster funding?
§ 170.208 - What funding is available for IRRHPP?
§ 170.209 - How will IRRHPP applications be ranked and funded?
§ 170.210 - How may a tribe apply for IRRHPP?
§ 170.211 - What is the IRRHPP Funding Priority List?
§ 170.212 - What is the timeline for IRRHPPs?
§ 170.213 - How long are IRRHPP funds available for a project?
§ 170.214 - How does award of an emergency/disaster project affect projects on the FPL?
Formula Data Appeals
§ 170.226 - How can a Tribe appeal its share calculation?
Appendix A to Subpart C - IRR High Priority Project Scoring Matrix
Appendix B to Subpart C - Population Adjustment Factor
Appendix C to Subpart C - Relative Need Distribution Factor
Appendix D to Subpart C - Cost To Construct
Appendix B to Subpart C of Part 170 - Population Adjustment Factor
Appendix C to Subpart C of Part 170 - Relative Need Distribution Factor
Appendix D to Subpart C of Part 170 - Cost To Construct
Subpart D - Planning, Design, and Construction of Tribal Transportation Program Facilities
Tribal Transportation Improvement Programs
§ 170.421 - What is the Tribal Transportation Improvement Program (TTIP)?
§ 170.422 - How does the public participate in developing the TTIP?
§ 170.423 - How are annual updates or amendments to the TTIP conducted?
§ 170.424 - What is the TTP Transportation Improvement Program (TTPTIP)?
Review and Approval of Plans, Specifications, and Estimates
§ 170.462 - When may a self-determination contract or self-governance agreement include PS&E review and approval?
Review and Approval of Plans, Specifications and Estimates
§ 170.460 - What must a project package include?
§ 170.461 - May a Tribe approve plans, specifications, and estimates?
§ 170.463 - What if a design deficiency is identified?
Tribal Transportation Facility Bridges
§ 170.510 - What funds are available for Tribal Transportation Facility Bridge activities?
§ 170.511 - What activities are eligible for Tribal Transportation Facility Bridge funds?
§ 170.512 - How will Tribal Transportation Facility Bridge funds be made available to the Tribes?
§ 170.513 - When and how are bridge inspections performed?
§ 170.514 - Who reviews bridge inspection reports?
Construction and Construction Monitoring
§ 170.470 - Which construction standards must Tribes use?
§ 170.471 - How are projects administered?
§ 170.472 - What construction records must Tribes and BIA keep?
§ 170.473 - When is a project complete?
§ 170.474 - Who conducts the project closeout?
National Tribal Transportation Facility Inventory
§ 170.442 - What is the National Tribal Transportation Facility Inventory?
§ 170.443 - What is required to successfully include a proposed transportation facility in the NTTFI?
§ 170.444 - How is the NTTFI updated?
§ 170.445 - [Reserved]
§ 170.446 - What minimum attachments are required for an NTTFI submission?
§ 170.447 - How are the allowable lengths of access roads in the NTTFI determined?
Design
§ 170.454 - What design standards are used in the TTP?
§ 170.455 - What other factors must influence project design?
§ 170.456 - How can a Tribe request an exception from the design standards?
§ 170.457 - Can a Tribe appeal a denial?
Environmental and Archeological Requirements
§ 170.450 - What archeological and environmental requirements must the TTP meet?
§ 170.451 - Can TTP funds be used for archeological and environmental compliance?
§ 170.452 - When can TTP funds be used for archeological and environmental activities?
§ 170.453 - Do the Categorical Exclusions under the National Environmental Policy Act (NEPA) and the regulations at 23 CFR 771 apply to TTP activities?
Management Systems
§ 170.502 - Are nationwide management systems required for the TTP?
Transportation Planning
§ 170.400 - What is the purpose of transportation planning?
§ 170.401 - What are BIA's and FHWA's roles in transportation planning?
§ 170.402 - What is the Tribal role in transportation planning?
§ 170.403 - What TTP funds can be used for transportation planning?
§ 170.404 - Can Tribes use transportation planning funds for other activities?
§ 170.405 - How must Tribes use planning funds?
§ 170.406 - How must tribes use planning funds?
§ 170.407 - What happens to unobligated planning funds?
§ 170.409 - What is the purpose of long-range transportation planning?
§ 170.410 - How does a long-range transportation plan relate to the NTTFI?
§ 170.411 - What should a long-range transportation plan include?
§ 170.412 - How is the Tribal TTP long-range transportation plan developed and approved?
§ 170.413 - What is the public's role in developing the long-range transportation plan?
§ 170.414 - How is the Tribal long-range transportation plan used and updated?
§ 170.415 - What are pre-project planning and project identification studies?
§ 170.420 - What is the Tribal priority list?
§§ 170.406--170.408 - [Reserved]
Program Reviews and Management Systems
§ 170.500 - What program reviews do the Secretaries conduct?
§ 170.501 - What happens when the review process identifies areas for improvement?
§ 170.503 - How are IRR Program management systems funded?
Bridge Inspection
§ 170.504 - When and how are bridge inspections performed?
§ 170.505 - How must bridge inspections be coordinated?
§ 170.506 - What are the minimum qualifications for certified bridge inspectors?
§ 170.507 - Who reviews bridge inspection reports?
Long-Range Transportation Planning
Transportation Improvement Program
§ 170.425 - How does BIA update the IRRTIP?
§ 170.426 - What is the approval process for the IRRTIP?
§ 170.427 - How may an IRRTIP be amended?
§ 170.428 - How is the State Transportation Improvement Program related to the IRRTIP?
Public Hearings
§ 170.435 - When is a public hearing required?
§ 170.436 - How are public hearings for TTP planning and projects funded?
§ 170.437 - If there is no hearing, how must BIA, FHWA, or a Tribe inform the public?
§ 170.438 - How must BIA, FHWA, or a Tribe inform the public of when a hearing is held?
§ 170.439 - How is a public hearing conducted?
§ 170.440 - How can the public learn the results of a public hearing?
§ 170.441 - Can a decision resulting from a hearing be appealed?
Appendix A to Subpart D - Cultural Resource and Environmental Requirements for the TTP
Appendix B to Subpart D - Design Standards for the TTP
IRR Inventory
Subpart E - Service Delivery for Tribal Transportation Program
Contracts and Agreements Under ISDEAA
Miscellaneous Provisions
§ 170.605 - May BIA or FHWA use force-account methods in the TTP?
§ 170.606 - How do legislation and procurement requirements affect the TTP?
§ 170.607 - Can a Tribe use its allocation of TTP funds for contract support costs?
§ 170.608 - Can a Tribe pay contract support costs from DOI or BIA appropriations?
§ 170.609 - Can a Tribe receive additional TTP funds for start-up activities?
Contracts and Agreements
§ 170.610 - Which TTP functions may a Tribe assume?
§ 170.611 - What special provisions apply to ISDEAA contracts and agreements?
§ 170.612 - Can non-contractible functions and activities be included in contracts or agreements?
§ 170.613 - What funds are used to pay for non-contractible functions and activities?
§ 170.614 - Can a Tribe receive funds before BIA publishes the final notice of funding availability?
§ 170.615 - Can a Tribe receive advance payments for non-construction activities under the TTP?
§ 170.616 - How are payments made to Tribes if additional funds are available?
§ 170.617 - May a Tribe include a contingency in its proposal budget?
§ 170.618 - Can a Tribe keep savings resulting from project administration?
§ 170.619 - Do Tribal preference and Indian preference apply to TTP funding?
§ 170.620 - How do ISDEAA's Indian preference provisions apply?
§ 170.621 - What if a Tribe doesn't perform work under a contract or agreement?
§ 170.622 - What TTP functions, services, and activities are subject to the self-governance construction regulations?
§ 170.623 - How are TTP projects and activities included in a self-governance agreement?
§ 170.624 - Is technical assistance available?
§ 170.625 - What regulations apply to waivers?
§ 170.626 - How does a Tribe request a waiver of a Department of Transportation regulation?
§ 170.627 - Can non-TTP funds be provided to a Tribe through an FHWA Program Agreement, BIA TTP Agreement or other appropriate agreement?
Funding Process
§ 170.600 - What must BIA include in the notice of funds availability?
§ 170.601 - What happens to the unused portion of IRR Program management and oversight funds reserved by the Secretary?
§ 170.602 - If a Tribe incurs unforeseen construction costs, can it get additional funds?
Appendix A to Subpart E - IRR Program Functions That Are Not Otherwise Contractible
Appendix to Subpart E - List of Program Functions That Cannot Be Subcontracted
Appendix A to Subpart E of Part 170 - IRR Program Functions That Are Not Otherwise Contractible
Subpart F - Program Oversight and Accountability
§ 170.700 - What is the TTP national business plan?
§ 170.701 - May a direct service Tribe and BIA Region sign a Memorandum of Understanding?
§ 170.702 - What activities may the Secretaries review and monitor?
§ 170.703 - What program reviews do the Secretaries conduct?
§ 170.704 - What happens when the review process identifies areas for improvement?
Subpart G - Maintenance
§ 170.800 - What funds are available for maintenance activities?
§ 170.801 - Can TTP funds designated on an FHWA-approved TTIP for maintenance be used to improve TTP transportation facilities?
§ 170.802 - Can a Tribe perform road maintenance?
§ 170.803 - To what standards must a Tribal transportation facility be maintained?
§ 170.804 - Who should be contacted if a Tribal transportation facility is not being maintained to TTP standards due to insufficient funding?
§ 170.805 - What maintenance activities are eligible for TTP funding?
§ 170.806 - What is an IRR Transportation Facilities Maintenance Management System?
§ 170.807 - What must BIA include when it develops an IRR Transportation Facilities Maintenance Management System?
§ 170.808 - Can BIA Road Maintenance Program funds be used to improve IRR transportation facilities?
§ 170.809 - Can a tribe perform road maintenance under a self-determination contract or self-governance agreement?
§ 170.810 - To what standards must an IRR transportation facility be maintained?
§ 170.811 - What happens if lack of funds results in inadequate maintenance?
§ 170.812 - What is emergency maintenance?
§ 170.813 - When can access to IRR transportation facilities be restricted?
Appendix to Subpart G - List of Eligible Maintenance Activities Under the Tribal Transportation Program
Subpart H - Miscellaneous Provisions
Tribal Transportation Departments
§ 170.930 - What is a Tribal transportation department?
§ 170.931 - Can Tribes use TTP funds to pay Tribal transportation department operating costs?
§ 170.932 - Are there other funding sources for Tribal transportation departments?
§ 170.933 - Can Tribes regulate oversize or overweight vehicles?
Hazardous and Nuclear Waste Transportation
§ 170.900 - What is the purpose of the provisions relating to transportation of hazardous and nuclear waste?
§ 170.901 - What standards govern transportation of radioactive and hazardous materials?
§ 170.902 - What is the role of State, tribal, and local governments?
§ 170.903 - Who notifies tribes of the transport of radioactive waste?
§ 170.904 - Who responds to an accident involving a radioactive or hazardous materials shipment?
§ 170.905 - How can tribes obtain training in handling hazardous material?
§ 170.906 - Who cleans up radioactive and hazardous material spills?
Emergency Relief
§ 170.920 - What is the purpose of the provisions relating to emergency relief?
§ 170.921 - What emergency or disaster assistance programs are available?
§ 170.922 - How can States get Emergency Relief Program funds to repair IRR System damage?
§ 170.923 - What qualifies for ERFO funding?
§ 170.924 - What happens if DOT denies an ERFO claim?
§ 170.925 - Is ERFO funding supplemental to IRR Program funding?
§ 170.926 - Can a tribe administer approved ERFO repairs under a self-determination contract or a self-governance agreement?
§ 170.927 - How can FEMA Program funds be used to repair damage?
Other Miscellaneous Provisions
§ 170.941 - May Tribes become involved in transportation research?
§ 170.942 - Can a Tribe use Federal funds for transportation services for quality-of-life programs?
Resolving Disputes
§ 170.934 - Are alternative dispute resolution procedures available?
§ 170.935 - How does a direct service Tribe begin the alternative dispute resolution process?
Reporting Requirements and Indian Preference
§ 170.910 - What information on the TTP or projects must BIA or FHWA provide?
§ 170.911 - Are Indians entitled to employment and training preferences?
§ 170.912 - Does Indian employment preference apply to Federal-aid Highway Projects?
§ 170.913 - Do Tribal-specific employment rights and contract preference laws apply?
§ 170.914 - What is the difference between Tribal preference and Indian preference?
§ 170.915 - May Tribal employment taxes or fees be included in a TTP project budget?
§ 170.916 - May Tribes impose taxes or fees on those performing TTP services?
§ 170.917 - Can Tribes receive direct payment of Tribal employment taxes or fees?
§ 170.918 - What applies to the Secretaries' collection of data under the TTP?
Public Hearings on Road Projects
§ 170.10 - Purpose and objectives.
§ 170.11 - Criteria.
§ 170.12 - Need for public hearing determined.
§ 170.13 - Notice of road construction projects.
§ 170.14 - Notice of public hearing.
§ 170.15 - Record of hearing proceedings.
§ 170.16 - Conducting the public hearing.
§ 170.17 - Written statements.
§ 170.18 - Hearing statement.
§ 170.19 - Appeals.
Construction and Maintenance of Roads
§ 170.8 - Use of roads.
§ 170.9 - Roadless and wild areas.
§ 170.4a - Selection of road construction projects.
§ 170.4b - What formula will BIA use to distribute $25 million of fiscal year 2003 Indian Reservation Roads Program funds?
§ 170.5a - Employment of Indians.
§ 170.6a - Contributions from tribes.