Allowable Uses of TTP Funds

April 15, 2020

Determining Eligibility and Allowable Uses of 

Tribal Transportation Funds
Topics

• Applicable Statutes & Regulations

• Allowable Costs

• Eligibility

• Non-typical Examples
TTP Statutes & Regulations

• 23 U.S. Code § 202 Tribal transportation program

• 23 CFR Part 661 IRR Bridge Program

• Any provision of Title 23 U.S.C.

• 25 CFR Part 170 Tribal Transportation Program

• Tribe’s TTP Contracts or Agreements

• 25 CFR 900

• 2 CFR 200
Known Allowable Costs

1. Appendix A to Subpart B - Allowable Uses of TTP Funds

2. Appendix to Subpart G - List of Eligible Maintenance Activities

under the TTP.

3. Activity listed under Title 23?

4. If any questions, work with your Agency Point of Contact.
POP QUIZ

Q. Where’s the best place to look to determine if an

activity you’re about to start is an eligible activity?

A. Your most recently approved TTIP.
Eligibility: 25 CFR 170.111 

25 CFR 170.111 What activities may be carried out using TTP 

funds?

TTP funds will be used to pay the cost of items identified in 23 

USC 202(a)(1). A more detailed list of eligible activities is available 

in appendix A to this subpart. Each of the items identified in this 

appendix must be interpreted in a manner that permits, rather 

than prohibits, a proposed use of funds. 
Eligibility: 25 CFR 170.112 

170.112 What activities are not eligible for TTP funding?

TTP funds cannot be used for any of the following:

a) Structures and erosion protection unrelated to transportation and roadways;

b) General or Tribal planning not involving transportation;

c) Landscaping and irrigation systems not involving transportation programs and projects;

d) Work or activities that are not listed on an FHWA-approved TTPTIP;

e) Condemnation of land for recreational trails;

f) Salaries and/or other incidental costs of any Federal employee or contractor not

performing Federal TTP stewardship and oversight, work identified in the appendix to

subpart E, or project-related activities identified on an approved TTIP; or

g) Direct and/or incidental costs associated with the Federal Government's acquisition of

goods, services, or construction unrelated to the program.
Eligibility: 23 USC 202(a)(1)(A)

• (i) transportation planning, research, maintenance, engineering, rehabilitation,

restoration, construction, and reconstruction of tribal transportation facilities;

• (ii) adjacent vehicular parking areas;

• (iii) interpretive signage;

• (iv) acquisition of necessary scenic easements and scenic or historic sites;

• (v) provisions for pedestrians and bicycles;

• (vi) environmental mitigation in or adjacent to tribal land

• (I)to improve public safety and reduce vehicle-caused wildlife mortality while

maintaining habitat connectivity; and

• (II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem

connectivity, including the costs of constructing, maintaining, replacing, or removing

culverts and bridges, as appropriate;

• (vii) construction and reconstruction of roadside rest areas, including sanitary and water

facilities; and

• (viii) other appropriate public road facilities as determined by the Secretary;
Eligibility: 23 USC 202(a)(1)(B)&(C)

(B) operation and maintenance of transit programs and facilities that

are located on, or provide access to, tribal land, or are administered

by a tribal government; and

(C) any transportation project eligible for assistance under this title

that is located within, or that provides access to, tribal land, or is

associated with a tribal government

/

Title 23 USC
Eligibility: 25 CFR 170.5 

Tribal transportation facility 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 described 

in 23 U.S.C. 202.
Eligibility: 25 CFR 170.410 & .414

170.410 How does a long-range transportation plan relate to the 

NTTFI?

A LRTP is developed using a uniform process that identifies the 

transportation needs and priorities of a Tribe. The NTTFI (see §

170.442) is derived from transportation facilities identified through an 

LRTP. It is also a means for identifying projects and activities for the 

TTP.

170.414 How is the Tribal long-range transportation plan used and 

updated?

The Tribal government uses its TTP long-range transportation plan to 

develop transportation projects as documented in a Tribal priority list 

or TTIP and to identify and justify the Tribe's updates to the NTTFI...
Eligibility: Key Criteria

1. Transportation-related

2. Public Facility

3. On the NTTFI

4. On an approved TTIP

5. On your LRTP
New Uses of TTP Funds

25 CFR 170.113 How can a Tribe determine whether a new use of funds is 

allowable?

(a) A Tribe that proposes new uses of TTP funds must ask BIA or FHWA in writing 

whether the proposed use is eligible under Federal law.

(1) In cases involving eligibility questions that refer to 25 U.S.C., BIA will 

determine whether the new proposed use of TTP funds is allowable and provide 

a written response to the requesting Tribe within 45 days of receiving the 

written inquiry. Tribes may appeal a denial of a proposed use by BIA under 25 

CFR part 2 ...

(2) In cases involving eligibility questions that refer to the TTP or 23 U.S.C., BIA 

will refer an inquiry to FHWA for decision. FHWA must provide a written 

response to the requesting Tribe within 45 days of receiving the written inquiry 

from the Tribe. Tribes may appeal denials of a proposed use by the FHWA...
New Uses of TTP Funds

25 CFR 170.113 (continued)

(b) To the extent practical, the deciding agency must consult with the TTP 

Coordinating Committee before denying a request.

(c) BIA and FHWA will:

(1) Send copies of all eligibility determinations to the TTP Coordinating 

Committee and BIA Regional offices;

(2) Coordinate all responses and if the requested agency fails to issue a 

decision to the requesting Tribe within the required time, the proposed use 

will be deemed to be allowable for that specific project; and

(3) Promptly make any final determination available on agency Web sites.
Administrative
Administrative
Trail Marking
Boardwalks and Board Roads
Pedestrian Trails
Ice Road Construction & Maintenance
Boat Ramps, Piers
Docks
Docks
TRIBAL 

TRANSPORTATION 

PROGRAM 

ONLINE 

REPORTING

TOOL

25

April 15, 2020
Program Online Reporting Tool 

Fixing America's Surface Transportation Act (FAST Act) 

mandated annual collection of TTP project and 

activity data, including jobs created and retained.

23 U.S.C. § 201(c)(6)(C) 
BIA

CSTIP

PORT

FHWA TIP 

Database

Program Online Reporting Tool 

Tribe’s Combined Summary 

Report & National Reports
BIA

CSTIP

PORT

FHWA TIP 

Database

Tribe submits 

TIP

Tribe 

reports on 

projects

Summary 

Report PDF

Email 

confirmation

Program Online Reporting Tool 

Tribe’s Combined Summary 

Report & National Reports
 Financial Report *REQUIRED

 Non-construction Activities Report *REQUIRED

 Jobs, Safety, Transit, Administration, Maintenance, and 

Planning

 Project Reports

 Only required for ACTIVE projects

Program Online Reporting Tool 
PORT Overview Guide

flh.fhwa.dot.gov/programs/ttp/port 
PORT FAQ- Frequently Asked Questions

31

Available at surveys.max.gov/162274

General questions addressed :

 What is a "reporting keychain"?

 How can I obtain a copy of my reporting keychain links?

 What fiscal year am I reporting on?

 What reporting period do I select? 

 What is a Federal funding mechanism?

 What Federal transportation funds am I reporting on? 

 What happens when a report is submitted?

 How do I update my Tribe’s information?

 I submitted my report but discovered changes that need to be made?

 Why is there already information within my report?

 Why isn't my reporting link working?
PORT FAQ

Submit questions at survey.max.gov/162274

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KEYCHAIN: Summary of Projects

Financial Report and 

Non-Construction 

Activity Report will 

appear on every 

keychain. 

The number of projects on 

a Tribal TIP determines 

number of project report 

links. Reports only need to 

be completed for active 

projects.

5 additional project report 

links for projects that 

weren’t included in TIP or 

don’t appear on keychain. 

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Redirect

34
Verify Info

Tribe’s Transportation 

point of contacts already 

entered. Only one 

additional email address 

can be entered here. 

Within non-construction 

activities report only, Tribe 

verifies Tribal data BIA/FHWA 

has on record. Changes can 

be made by checking the box 

indicated and make the 

changes in the dropdown box 

that appears. 

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36

Financial Report

This includes only the TTP funds spent during the fiscal year of reporting. 
This would include all funds transmitted from FHWA during the fiscal 

year of reporting. 

This includes all funds spent during the fiscal year of reporting. 

This includes only the TTP funds spent during the fiscal year of reporting. 

37

Financial Report
38

Financial Report

This includes all indirect costs collected from funds transmitted from FHWA

during the fiscal year of reporting. 

This is the indirect cost rate type applied to Federal funds. 

If “Approved Indirect Cost Rate” selected in 3b, 3c 

appears where the rate can be entered. 
This would include all Federal transportation funds received from FHWA 

since the Tribe signed their initial Program Agreement with FHWA. 

This includes all Federal transportation funds spent since the Tribe signed 

their initial Program Agreement with FHWA.

This includes all Federal transportation funds held by the Tribe at the end of the 

reporting period. This will equal question 4 minus question 5. 

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Financial Report
40

Financial Report
Permanent position may be full

-time or part-time.

Short-term positions have a limited duration, such 

as seasonal or tied to a construction project.

41

Non-construction Activities Report
Safety and transit related 

construction projects should be 

included as a separate project on a 

TTIP and wouldn’t fall within the non-

construction activities report. 

42

Non-construction Activities Report
PROJECT REPORT

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PROJECT REPORT

44
PROJECT REPORT

45
COMBINED SUMMARY REPORT

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QA/QC

Report Data Overview A-D finds the difference (D) between all TTP 

funds reported expended in the reporting period (A) to the reported 

total project TTP expenditures (B) and reported non-construction 

expenditures total (C). If there is a difference greater than $1000 then 

(D) is highlighted yellow. 

This has been identified as an area in need of improvement based on 

the large overall differences in these totals in last two annual reports. 
QA/QC

E will be the total Federal Transportation funds made available for the FY 

reporting period (tribal shares+TTP Bridge Program awards+TTP Safety Fund 

awards).

F & G is only populated for Tribes with an FHWA PA and is the reported total 

federal transportation funds received by a Tribe (should include all funds 

received through an RFA). 

If there is a difference greater than $1000 then (G) is highlighted yellow. 
QA/QC

H reflects the maintenance cap as limited by 25 CFR 170.800(a), 

as calculated by the greater of $500,000 or 25% of the Tribe’s 

annual TTP funds (as determined by box E).

I reflects the reported maintenance expenditures from the nonconstruction activities report. 

J highlights if the expenditures are greater than the cap. 
TTP Annual Report to Secretaries

Fiscal Year 2016 2017 2018

TTP Funds Available $410 M $414 M $431 M

TTP Funds Expended $267 M $298 M $283 M

Jobs Retained 1519 1587 1367

Jobs Created 5973 4732 4034

Active Design/Construction 

Projects 970 840 828

Additional Project Funds Used $264 M $104 M $43 M

Estimated Project Costs Total $2.8 B $2.73 B $2.65B
TTP Annual Report to Secretaries

Fiscal Year 2016 2017 2018

Safety (non-construction) $1.16 M $2.08 M $2.33 M

Transit (non-construction) $6.29 M $7.58 M $8.02 M

Administration $23.78 M $38.8 M $39.2 M

Maintenance $34.73 M $47.26 M $46.75 M

Planning $10.99 M $14.89 M $14.66 M

Other Non-Construction $1.75 M $3.66 M $7.01 M
flh.fhwa.dot.gov/programs/ttp/ 
WHERE DOES THE DATA GO?

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Questions?

Danny Capri

Office of Tribal Transportation

Federal Highway Administration

360-619-7960

danny.capri@dot.gov