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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter H - Land and Water |
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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. |