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.