Title 23—Highways--Volume 1
PART 661—TRIBAL TRANSPORTATION FACILITY BRIDGE PROGRAM (TTFBP)
§ 661.1   What is the purpose of this regulation?
The purpose of this regulation is to prescribe policies for project selection and fund allocation procedures for administering the Tribal Transportation Facility Bridge Program (TTFBP).
§ 661.3   Who must comply with this regulation?
Tribes must comply with this regulation in applying for TTFBP funds for planning, design, engineering, pre-construction, construction, and inspection of new or replacement Tribal Transportation Facility (TTF) bridges classified as in poor condition, having low load capacity, or needing geometric improvements.
§ 661.5   What definitions apply to this regulation?
The following definitions apply to this regulation:
Approach roadway means the portion of the highway immediately adjacent to the bridge that affects the geometrics of the bridge, including the horizontal and vertical curves and grades required to connect the existing highway alignment to the new bridge alignment using accepted engineering practices and ensuring that all safety standards are met.
Construction engineering (CE) is the supervision, inspection, and other activities required to ensure the project construction meets the project's approved acceptance specifications, including but not limited to: additional survey staking functions considered necessary for effective control of the construction operations; testing materials incorporated into construction; checking shop drawings; and measurements needed for the preparation of pay estimates.
National Bridge Inventory (NBI) means an FHWA database containing bridge information and inspection data for all structures defined as highway bridges located on all public roads, on and off Federal-aid highways, including Tribally owned and federally owned bridges, private bridges that are connected to a public road on both ends of the bridge, temporary bridges, and bridges under construction with portions open to traffic, that are subject to the National Bridge Inspection Standards.
National Tribal Transportation Facility Inventory (NTTFI) means at a minimum, transportation facilities that are eligible for assistance under the TTP as defined in 25 CFR 170.5.
Operating rating means the maximum permissible live load to which the structure may be subjected for the load configuration used in the load rating. Allowing unlimited numbers of vehicles to use the bridge at operating level may shorten the life of the bridge.
Plans, specifications, and estimates (PS&E) means construction drawings, compilation of provisions, and construction project cost estimates for the performance of the prescribed scope of work.
Preliminary engineering (PE) means planning, survey, design, engineering, and preconstruction activities (including archaeological, environmental, and right-of-way activities) related to a specific bridge project.
Public road means any road or street under the jurisdiction of and maintained by a public authority and open to public travel.
Rehabilitation means major work required to restore the structural integrity of a bridge, as well as work necessary to correct major safety defects. FHWA Bridge Preservation Guide, Spring 2018 Edition.
Replacement means total replacement of an existing bridge with a new facility constructed in the same general traffic corridor. FHWA Bridge Preservation Guide, Spring 2018 Edition.
Tribal Transportation Facility (TTF) means a public highway, road, bridge, trail, transit system, or other approved facility that is located on or provides access to Tribal land and appears on the NTTFI.
TTF bridge means a structure located on the NTTFI, including supports, erected over a depression or an obstruction, such as water, a highway, or a railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between undercopings of abutments or spring lines of arches, or extreme ends of the openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.
§ 661.7   What is the TTFBP?
The TTFBP, as established under 23 U.S.C. 202(d), is a nationwide priority program for improving TTF bridges classified as in poor condition, having low load capacity, or needing geometric improvements.
§ 661.9   What is the total funding available for the TTFBP?
The funding source and amount is specified by law, which is subject to change. Due to the complex nature of the funding for the TTFBP, please refer to the applicable statute and applicable FHWA guidance, which can be found on the FHWA's TTFBP website.
§ 661.11   When do TTFBP funds become available?
TTFBP funds are authorized at the start of each fiscal year but are subject to Office of Management and Budget apportionment before they become available to FHWA for further distribution.
§ 661.13   How long are these funds available?
TTFBP funds for each fiscal year are available for obligation for the year authorized plus 3 years (a total of 4 years).
§ 661.15   What are the eligible activities for TTFBP funds?
TTFBP funds can be used:
(a) To carry out any planning (including safety inspection of in-service bridges), design, engineering, preconstruction, construction, and construction inspection of new or replacement TTF bridges;
(b) To replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition;
(c) To implement countermeasures, including scour countermeasures, for TTF bridges classified as scour critical or in poor condition, having a low load capacity, or needing geometric improvements, including multiple-pipe culverts; or
(d) To demolish the old bridge if a bridge is replaced under the TTFBP.
§ 661.17   What are the criteria for bridge eligibility?
(a) For bridge replacement or rehabilitation, TTF bridges are required to meet the following:
(1) Must meet the definition of a TTF bridge;
(2) Be classified as a Tribal transportation facility;
(3) Be classified as in poor condition, have low load capacity, or need highway geometric improvements;
(4) Be recorded in the NBI maintained by FHWA;
(b) For new bridge construction, TTF bridges are required to meet the following:
(1) Be classified as a Tribal transportation facility;
(2) Be a public bridge that meets the definition of a TTF bridge and recorded in the NBI after project completion.
§ 661.19   When is a bridge eligible for replacement?
To be eligible for replacement, a TTF bridge must be in poor condition, have low load capacity, or need highway geometric improvements.
§ 661.21   When is a bridge eligible for rehabilitation?
To be eligible for rehabilitation, a TTF bridge must be in poor or fair condition, have low load capacity, or need highway geometric improvements.
§ 661.23   How will a bridge project be programmed for funding once eligibility has been determined?
(a) All projects will be ranked and prioritized for funding after a completed application package is received and accepted by FHWA. At that time, the project will be acknowledged as either BIA and Tribally owned, or non-BIA/non-Tribally owned and placed in either a PE or a construction queue.
(b) All projects will be ranked and prioritized based on the following criteria:
(1) Bridge condition with bridges in poor condition having precedence over bridges in fair condition, and bridges in fair condition having precedence over bridges in good condition;
(2) Operating rating for bridges in poor condition with lower operating rating having precedence over higher operating rating;
(3) Bridges on school bus routes;
(4) New bridge construction;
(5) Bypass detour length;
(6) Annual average daily traffic; and
(7) Annual average daily truck traffic.
(c) Queues will carryover from fiscal year to fiscal year as made necessary by the amount of annual funding made available.
(d) TTF bridges will be classified as good, fair, or poor based on the following criteria:
(1) Good: When the lowest rating of the 3 NBI items for a bridge (Deck Condition Rating, Superstructure Condition Rating, Substructure Condition Rating) is 7, 8, or 9, the bridge will be classified as good. When the rating of the NBI item for a culvert (Culvert Condition Rating) is 7, 8, or 9, the culvert will be classified as good.
(2) Fair: When the lowest rating of the three NBI items for a bridge is 5 or 6, the bridge will be classified as fair. When the rating of the NBI item for a culvert is 5 or 6, the culvert will be classified as fair.
(3) Poor: When the lowest rating of the three NBI items for a bridge is 4, 3, 2, 1, or 0, the bridge will be classified as poor. When the rating of the NBI item for a culvert is 4, 3, 2, 1, or 0, the culvert will be classified as poor. A poor condition bridge with a lower condition rating will have precedence over a poor condition bridge with a higher condition rating.
§ 661.25   What does a complete application package for PE consist of and how does the project receive funding?
(a) A complete application package for PE consists of the following:
(1) The certification checklist;
(2) Tribal Transportation Program (TTP) transportation improvement program (TIP);
(3) Project scope of work;
(4) Detailed cost for PE;
(5) NBI data; and
(6) An acknowledgment by the Tribe of the project specific funding requirements and that any excess funds will be returned to FHWA for further distribution.
(b) For non-BIA/non-Tribally owned TTF bridges, the application package must also include a Tribal resolution supporting the project.
(c) Incomplete application packages will be disapproved and returned for revision and resubmission along with an explanation providing the reason for disapproval.
(d) The TTF bridge projects for PE will be placed in the queue and determined as eligible for funding after receipt by FHWA of a complete application package.
(e) Funding for the approved eligible projects on the queues will be made available to the Tribes, under a TTP Program agreement between FHWA and a Tribal government, or the Secretary of the Interior upon availability of program funding at FHWA.
§ 661.27   What does a complete application package for construction consist of and how does the project receive funding?
(a) A complete application package for construction consists of the following:
(1) A copy of the approved PS&E;
(2) The certification checklist;
(3) NBI data;
(4) The TTP TIP;
(5) All environmental and archeological clearances and complete grants of public rights-of-way that must be acquired prior to submittal of the construction application package; and
(6) An acknowledgment by the Tribe of the project specific funding requirements and that any excess funds will be returned to FHWA for further distribution.
(b) For non-BIA/non-Tribally owned TTF bridges, the application package must also include a copy of a letter from the bridge's owner approving the project and its PS&E and a Tribal resolution supporting the project.
(c) Incomplete application packages will be disapproved and returned for revision and resubmission along with an explanation providing the reason for disapproval.
(d) The TTF bridge projects for construction will be placed in the queue and determined as eligible for funding after receipt by FHWA of a complete application package.
(e) Funding for the approved eligible projects in the queues will be made available to the Tribes, under a TTP Program Agreement between FHWA and a Tribal government, or the Secretary of the Interior upon availability of program funding at FHWA.
§ 661.29   How does ownership impact project selection?
(a) Primary consideration will be given to eligible projects on BIA and Tribally owned TTF bridges. A smaller percentage of available funds will be set aside for non-BIA/non-Tribally owned TTF bridges, since States and counties have access to Federal-aid and other funding to design, replace, and rehabilitate their bridges.
(b) The program policy will be to maximize the number of TTF bridges participating in the TTFBP in a given fiscal year regardless of ownership.
§ 661.31   Do TTF bridge projects have to be listed on an approved TTP TIP?
Yes. All TTF bridge projects must be listed on an approved FHWA TTP TIP. TTF bridge projects included in the TTP TIP that are not fiscally constrained may still be included as a list of projects dependent upon the availability of additional resources, also known as an “illustrative list”.
§ 661.33   What percentage of TTFBP funding is available for PE and construction?
(a) Up to 15 percent of the funding made available in any fiscal year will be eligible for PE. The remaining funding in any fiscal year will be available for construction.
(b) At various times during the fiscal year, FHWA will review the TTFBP funding and may shift funds between PE and construction funds to maximize the number of projects funded and the overall effectiveness of the program.
§ 661.35   What percentage of TTFBP funding is available for use on BIA and Tribally owned TTF bridges, and for non-BIA/non-Tribally owned TTF bridges?
(a) Up to 80 percent of the available funding made available for PE and construction in any fiscal year will be eligible for use on BIA and Tribally owned TTF bridges. The remaining funding in any fiscal year will be made available for PE and construction for use on non-BIA/non-Tribally owned TTF bridges.
(b) At various times during the fiscal year, FHWA will review the projects awaiting funding and may shift funds between BIA and Tribally owned, and non-BIA/non-Tribally owned bridge projects to maximize the number of projects funded and the overall effectiveness of the program.
§ 661.37   What are the funding limitations on an individual TTF bridge project?
The following funding provisions apply in administration of the TTFBP:
(a) There are no funding limitations on an individual TTF bridge application, but the PE estimated cost will be based on the following fee scale:
Estimated Construction Cost:
(b) Requests for additional funds for PE or construction may be submitted along with proper justification to FHWA for consideration. The request will be considered on a case-by-case basis. There is no guarantee for the approval of the request for additional funds.
§ 661.39   How are project cost overruns funded?
(a) A request for additional TTFBP funds for cost overruns on a specific bridge project must be submitted to Bureau of Indian Affairs Division of Transportation (BIADOT) and FHWA for approval. The written submission must include a justification, an explanation as to why the overrun occurred, and the amount of additional funding required with supporting cost data. If approved by FHWA and BIADOT, the request will be placed at the top of the appropriate queue (with a contract modification request having a higher priority than a request for additional funds for a project award) and funding may be provided if available.
(b) Project cost overruns may also be funded out of the Tribe's regular TTP construction funding.
§ 661.41   After a bridge project has been completed (either PE or construction) what happens with the excess or surplus funding?
Since the funding is project specific, once a bridge design or construction project has been completed under this program, any excess or surplus funding is returned to FHWA for use on additional approved TTF bridge projects.
§ 661.43   Can other sources of funds be used to finance a queued project in advance of receipt of TTFBP funds?
Yes. A Tribe can use other sources of funds, including TTP construction funds, on a project that has been approved for funding and placed on the queue and then be reimbursed when TTFBP funds become available. If TTP construction funds are used for this purpose, the funds must be identified on an FHWA approved TTP TIP prior to their expenditure.
§ 661.45   What happens when TTFBP funds cannot be obligated by the end of the fiscal year?
The TTFBP funds from the Highway Trust Fund (HTF) provided to a project that cannot be obligated by the end of the fiscal year are to be returned to FHWA during August redistribution. The returned funds will be re-allocated to the BIA the following fiscal year after FHWA receives and accepts a formal request for the funds from BIA, which includes a justification for the amounts requested and the reason for the failure of the prior year obligation.
§ 661.47   Can routine bridge maintenance be performed with TTFBP funds?
No. Routine bridge maintenance repairs, e.g., guard rail repair, repair of traffic control devices, striping, cleaning scuppers, deck sweeping, snow and debris removal, etc., are not eligible uses of TTFBP funding. The U.S. Department of the Interior's annual allocation for maintenance as well as TTP construction funds are eligible funding sources for routine bridge maintenance.
§ 661.49   Can TTFBP funds be spent on Interstate, State Highway, County, City, Township, and Toll Road TTF bridges?
Yes. Interstate, State Highway, County, City, Township, and Toll Road TTF bridges are eligible for funding as described in § 661.37(b).
§ 661.51   Can TTFBP funds be used for the approach roadway to a bridge?
Yes, costs associated with approach roadway work, as defined in § 661.5 are eligible. Long approach fills, causeways, connecting roadways, interchanges, ramps, and other extensive earth structures, when constructed beyond an attainable touchdown point, are not eligible uses of TTFBP funds.
§ 661.53   What standards should be used for bridge design?
(a) New and replacement. New and replacement structures must meet the current geometric, construction, and structural standards required for the types and volumes of projected traffic on the facility over its design life consistent with 25 CFR part 170, subpart D, appendix B.
(b) Rehabilitation. Bridges to be rehabilitated, at a minimum, should conform to the standards referenced in 25 CFR part 170, subpart D, appendix B.
§ 661.55   How are BIA and Tribally owned in-service TTF bridges inspected?
The BIA and Tribally owned in-service TTF bridges are inspected in accordance with 25 CFR 170.513 through 170.514.
§ 661.57   What should be done with a BIA and Tribal bridge in poor condition if the Indian Tribe does not support the project?
The restrictions set forth in 25 CFR 170.114(a)(1) shall apply.