Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 25 - Indians |
Chapter I - Bureau of Indian Affairs, Department of the Interior |
SubChapter H - Land and Water |
Part 170 - Tribal Transportation Program |
Subpart D - Planning, Design, and Construction of Tribal Transportation Program Facilities |
Construction and Construction Monitoring |
§ 170.471 - How are projects administered?
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§ 170.471 How are projects administered?
(a) When a Tribe carries out a TTP project, the project will be administered in accordance with a self-determination contract, self-governance agreement, Program Agreement or other appropriate agreement and this regulation.
(b) If BIA or FHWA discovers a problem during an on-site monitoring visit, BIA or FHWA must promptly notify the Tribe and, if asked, provide technical assistance.
(c) Only the State-licensed professional engineer of record whose name and professional stamp appear on the PS&E or who is responsible for the overall project design may change a TTP project's PS&E during construction.
(1) The original approving agency must review each substantial change. The approving agency is the Federal, Tribal, State, or local entity with PS&E approval authority over the project.
(2) The approving agency must consult with the affected Tribe and the entity having maintenance responsibility.
(3) A change that exceeds the limits of available funding may be made only with the approving agency's consent.