Appendix to Subpart G—List of Eligible Maintenance Activities Under the Tribal Transportation Program  

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  • Per §170.612, program functions cannot be included in self-determination contracts, self-governance agreements, Program Agreements, or other agreements. Program functions include all of the following:

    (a) TTP project-related pre-contracting activities:

    (1) Notifying Tribes of available funding including the right of first refusal; and

    (2) Providing technical assistance.

    (b) TTP project-related contracting activities:

    (1) Providing technical assistance;

    (2) Reviewing all scopes of work under 25 CFR 900.122;

    (3) Evaluating proposals and making declination decisions, if warranted;

    (4) Performing declination activities;

    (5) Negotiating and entering into contracts or agreements with State, Tribal, and local governments and other Federal agencies;

    (6) Processing progress payments or contract payments;

    (7) Approving contract modifications;

    (8) Processing claims and disputes with Tribal governments; and

    (9) Closing out contracts or agreements.

    (c) Planning activities:

    (1) Reviewing and approving TTPTIPs developed by Tribes or other contractors; and

    (2) Reviewing and approving TTP LRTPs developed by Tribes or other contractors.

    (d) Environmental and historical preservation activities:

    (1) Reviewing and approving all items required for environmental compliance; and

    (2) Reviewing and approving all items required for archaeological compliance.

    (e) Processing rights-of-way:

    (1) Reviewing rights-of-way applications and certifications;

    (2) Approving rights-of-way documents;

    (3) Processing grants and acquisition of rights-of-way requests for Tribal trust and allotted lands under 25 CFR part 169;

    (4) Responding to information requests;

    (5) Reviewing and approving documents attesting that a project was constructed entirely within a right-of-way granted by BIA; and

    (6) Performing custodial functions related to storing rights-of-way documents.

    (f) Conducting project development and design under 25 CFR 900.131:

    (1) Participating in the plan-in-hand reviews on behalf of BIA as facility owner;

    (2) Reviewing and/or approving PS&E for health and safety assurance on behalf of BIA as facility owner;

    (3) Reviewing PS&E to assure compliance with NEPA as well as all other applicable Federal laws; and

    (4) Reviewing PS&E to assure compliance with or exceeding Federal standards for TTP design and construction.

    (g) Construction:

    (1) Making application for clean air/clean water permits as facility owner;

    (2) Ensuring that all required State/tribal/Federal permits are obtained;

    (3) Performing quality assurance activities;

    (4) Conducting value engineering activities as facility owner;

    (5) Negotiating with contractors on behalf of the Federal Government;

    (6) Approving contract modifications/change orders;

    (7) Conducting periodic site visits;

    (8) Performing all Federal Government-required project-related activities contained in the contract documents and required by 25 CFR parts 900 and 1000;

    (9) Conducting activities to assure compliance with safety plans as a jurisdictional responsibility hazardous materials, traffic control, OSHA, etc.;

    (10) Participating in final inspection and acceptance of project documents or as-built drawings on behalf of BIA as facility owner; and

    (11) Reviewing project closeout activities and reports.

    (h) Other activities:

    (1) Performing other non-contractible required TTP project activities contained in this part, ISDEAA and part 1000; and

    (2) Other title 23 non-project-related management activities.

    (i) BIADOT program management:

    (1) Developing budget on needs for the TTP;

    (2) Developing legislative proposals;

    (3) Coordinating legislative activities;

    (4) Developing and issuing regulations;

    (5) Developing and issuing TTP planning, design, and construction standards;

    (6) Developing/revising interagency agreements;

    (7) Developing and approving TTP stewardship agreements in conjunction with FHWA;

    (8) Developing annual TTP obligation and TTP accomplishments reports;

    (9) Developing reports on TTP project expenditures and performance measures for the Government Performance and Results Act (GPRA);

    (10) Responding to/maintaining data for congressional inquiries;

    (11) Developing and maintaining the funding formula and its database;

    (12) Allocating TTP and other transportation funding;

    (13) Providing technical assistance to Tribes/Consortiums/tribal organizations/agencies/regions;

    (14) Providing national program leadership for other Federal transportation related programs including: Transportation Alternatives Program, Tribal Transportation Assistance Program, Recreational Travel and Tourism, Transit Programs, ERFO Program, and Presidential initiatives;

    (15) Participating in and supporting Tribal transportation association meetings;

    (16) Coordinating with and monitoring Indian Local Technical Assistance Program centers;

    (17) Planning, coordinating, and conducting BIA/tribal training;

    (18) Developing information management systems to support consistency in data format, use, etc., with the Secretary of Transportation for the TTP;

    (19) Participating in special transportation related workgroups, special projects, task forces and meetings as requested by Tribes;

    (20) Participating in national, regional, and local transportation organizations;

    (21) Participating in and supporting FHWA Coordinated Technology Implementation program;

    (22) Participating in national and regional TTP meetings;

    (23) Consulting with Tribes on non-project related TTP issues;

    (24) Participating in TTP, process, and product reviews;

    (25) Developing and approving national indefinite quantity service contracts;

    (26) Assisting and supporting the TTP Coordinating Committee;

    (27) Processing TTP bridge program projects and other discretionary funding applications or proposals from Tribes;

    (28) Coordinating with FHWA;

    (29) Performing stewardship of the TTP;

    (30) Performing oversight of the TTP and its funded activities;

    (31) Performing any other non-contractible TTP activity included in this part; and

    (32) Determining eligibility of new uses of TTP funds.

    (j) BIADOT Planning:

    (1) Maintaining the official TTP inventory;

    (2) Reviewing LRTPs;

    (3) Reviewing and approving TTPTIPs;

    (4) Maintaining nationwide inventory of TTP strip and atlas maps;

    (5) Coordinating with Tribal/State/regional/local governments;

    (6) Developing and issuing procedures for management systems;

    (7) Distributing approved TTPTIPs to BIA regions;

    (8) Coordinating with other Federal agencies as applicable;

    (9) Coordinating and processing the funding and repair of damaged tribal roads with FHWA;

    (10) Calculating and distributing TTP transportation planning funds to BIA regions;

    (11) Reprogramming unused TTP transportation planning funds at the end of the fiscal year;

    (12) Monitoring the nationwide obligation of TTP transportation planning funds;

    (13) Providing technical assistance and training to BIA regions and Tribes;

    (14) Approving atlas maps;

    (15) Reviewing TTP inventory information for quality assurance; and

    (16) Advising BIA regions and Tribes of transportation funding opportunities.

    (k) BIADOT engineering:

    (1) Participating in the development of design/construction standards with FHWA;

    (2) Developing and approving design/construction/maintenance standards;

    (3) Conducting TTP/product reviews; and

    (4) Developing and issuing technical criteria for management systems.

    (l) BIADOT responsibilities for bridges:

    (1) Maintaining the National Bridge Inventory information/database for BIA bridges;

    (2) Conducting quality assurance of the bridge inspection program;

    (3) Reviewing and processing TTP Bridge Program applications;

    (4) Participating in second level review of TTP bridge PS&E; and

    (5) Developing criteria for bridge management systems.

    (m) BIADOT responsibilities to perform other non-contractible required TTP activities contained in this part.

    (n) BIA regional offices program management:

    (1) Designating TTP System roads;

    (2) Notifying Tribes of available funding;

    (3) Developing STIPs;

    (4) Providing FHWA-approved TTPTIPs to Tribes;

    (5) Providing technical assistance to Tribes/Consortiums/tribal organizations/agencies;

    (6) Funding common services as provided as part of the region/agency/BIA Division of Transportation TTP costs;

    (7) Processing and investigating non-project related tort claims;

    (8) Preparing budgets for BIA regional and agency TTP activities;

    (9) Developing/revising interagency agreements;

    (10) Developing control schedules/transportation improvement programs;

    (11) Developing regional TTP stewardship agreements;

    (12) Developing quarterly/annual TTP obligation and program accomplishments reports;

    (13) Developing reports on TTP project expenditures and performance measures for Government Performance and Results Act (GPRA);

    (14) Responding to/maintaining data for congressional inquiries;

    (15) Participating in Indian transportation association meetings;

    (16) Participating in Indian Local Technical Assistance Program (LTAP) meetings and workshops;

    (17) Participating in BIA/tribal training development highway safety, work zone safety, etc.;

    (18) Participating in special workgroups, task forces, and meetings as requested by Tribes and BIA region/agency personnel;

    (19) Participating in national, regional, or local transportation organizations meetings and workshops;

    (20) Reviewing Coordinated Technology Implementation Program project proposals;

    (21) Consulting with Tribal governments on non-project related program issues;

    (22) Funding costs for common services as provided as part of BIA TTP region/agency/contracting support costs;

    (23) Reviewing TTP atlas maps;

    (24) Processing Freedom of Information Act (FOIA) requests;

    (25) Monitoring the obligation and expenditure of all TTP funds allocated to the BIA Region;

    (26) Performing activities related to the application for ERFO funds, administration, and oversight of the funds; and

    (27) Participating in TTP, process, and product reviews.

    (o) BIA regional offices' planning:

    (1) Coordinating with Tribal/State/regional/local government;

    (2) Coordinating and processing the funding and repair of damaged Tribal Transportation Facility roads with Tribes;

    (3) Reviewing and approving TTP inventory data;

    (4) Maintaining, reviewing, and approving the management systems databases;

    (5) Reviewing and approving STIPs; and

    (6) Performing Federal responsibilities identified in the TTP Transportation Planning Procedures and Guidelines manual.

    (p) BIA regional offices' engineering:

    (1) Approving Tribal standards for TTP use;

    (2) Developing and implementing new engineering techniques in the TTP; and

    (3) Providing technical assistance.

    (q) BIA regional offices' responsibilities for bridges:

    (1) Reviewing and processing TTP Bridge Program applications;

    (2) Reviewing and processing TTP bridge inspection reports and information; and

    (3) Ensuring the safe use of roads and bridges.

    (r) BIA regional offices' other responsibilities for performing other non-contractible required TTP activities contained in this part.