76192 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[BIA 2014–0005; K00103 12/13 A3A10; 

134D0102DR–DS5A300000–DR.5A311.I

A000113] 

25 CFR Part 170 

RIN 1076–AF19 

Tribal Transportation Program 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

update the Tribal Transportation 

Program regulations (formerly the 

Indian Reservation Roads Program) to 

comply with the current surface 

transportation authorization, Moving 

Ahead for Progress in the 21st Century, 

as extended, reflect changes in the 

delivery options for the program that 

have occurred since the regulation was 

published in 2004, remove certain 

sections that were provided for 

informational purposes only, and make 

technical corrections. 

DATES: Comments on this rule must be 

received by March 20, 2015. Comments 

on the information collections 

contained in this proposed regulation 

are separate from those on the substance 

of the rule. Comments on the 

information collection burden should be 

received by January 20, 2015 to ensure 

consideration, but must be received no 

later than February 17, 2015. 

ADDRESSES: You may submit comments 

by any of the following methods: 

— Federal rulemaking portal: http://

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2014–0005. 

—Mail: Elizabeth Appel, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1849 C Street NW., 

Washington, DC 20240. Include the 

number 1076–AF19 in the 

submission. 

—Hand delivery: Elizabeth Appel, 

Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW., 

Washington, DC 20240. Include the 

number 1076–AF19 in the 

submission. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed here will 

not be included in the docket for this 

rulemaking. 

Comments on the information 

collections in this proposed regulation 

are separate from those on the substance 

of the rule. Send comments on the 

information collection burden to OMB 

by facsimile to (202) 395–5806 or email 

to the OMB Desk Officer for the 

Department of the Interior at OIRA_

Submission@omb.eop.gov. Please send a 

copy of your comments to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. You may 

review the information collection 

request online at http://

www.reginfo.gov. Follow the 

instructions to review Department of the 

Interior collections under review by 

OMB. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary of Rule 

The proposed rule would: 

• Revise 25 CFR part 170 to comply 

with legislation governing the Tribal 

Transportation Program; 

• Update the regulation to reflect 

changes in the delivery options for the 

Tribal Transportation Program that are 

available to tribal governments; 

• Make technical corrections to 

clarify program-related responsibilities 

and requirements for tribal 

governments, the Bureau of Indian 

Affairs, and the Federal Highway 

Administration (FHWA); and 

• Clarify the requirements for 

proposed roads and access roads to be 

added to or remain in the National 

Tribal Transportation Facility Inventory 

(formerly known as the Indian 

Reservation Roads Inventory). 

• Remove certain sections of the 

current rule that were provided for 

informational purposes only while 

directing the reader to BIA or FHWA 

Web sites where the most current 

information is now available. 

BIA and FHWA distributed draft 

revisions to 25 CFR part 170 to tribes 

and published a notice in the Federal 

Register of consultations on the draft 

that were conducted at three locations 

in May of 2013. See 78 Federal Register 

21861 (April 12, 2013). Written 

comments were accepted at the 

consultations as well as email and mail 

until June 14, 2013. 

Consultation sessions on the proposed 

rule will be held on the following dates 

at the following locations: 

Meeting date Location Time 

January 13, 2015 .................................................................... Sacramento, CA ...................................................................... 9 a.m.–4:00 p.m. 

January 15, 2015 .................................................................... Phoenix, AZ ............................................................................. 9 a.m.–4:00 p.m. 

January 27, 2015 .................................................................... Minneapolis, MN ..................................................................... 9 a.m.–4:00 p.m. 

January 29, 2015 .................................................................... Oklahoma City, OK ................................................................. 9 a.m.–4:00 p.m. 

February 10, 2015 ................................................................... Anchorage, AK ........................................................................ 9 a.m.–4:00 p.m. 

February 12, 2015 ................................................................... Seattle, WA ............................................................................. 9 a.m.–4:00 p.m. 

Meeting Agenda (All Times Local) 

9:00 a.m.–9:15 a.m. Welcome and 

Introductions 

9:15 a.m.–10:30 a.m. Review Proposed 

Rule—Subparts A–C 

10:30 a.m.–10:45 a.m. Break 

11:45 a.m.–11:45 a.m. Review 

Proposed Rule—Subparts D–F 

11:45 a.m.–1:00 p.m. Lunch 

1:00 p.m.–2:15 p.m. Continue 

Review—Subparts G–H 

2:15 p.m.–2:30 p.m. Break 

2:30 p.m.–3:45 p.m. Questions and 

Answers 

3:45 p.m.–4:00 p.m. Closing 

Comments 

4:00 p.m. Adjourn 

II. Background 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21), Public Law 

112–141, a reauthorization of the 

surface transportation act, was signed 

into law on July 6, 2012, and became 

effective on October 1, 2012. MAP–21 

was extended by the Highway and 

Transportation Funding Act of 2014, 

Public Law 113–159 (August 8, 2014). 

Section 1119 of MAP–21 struck the 

existing laws governing the Indian 

Reservation Roads Program from 23 

U.S.C. 201–204, and established the 

Tribal Transportation Program (TTP) 

under 23 U.S.C. 201 and 202. In 

addition, Section 1103 of MAP–21 

provided new definitions for terms 

utilized in the TTP. 


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Section 1119 of MAP–21 created a 

new formula for distribution of TTP 

funds among tribes, which had the 

effect of overriding the existing Relative 

Need Distribution Formula (RNDF) that 

was published in 2004 at 25 CFR part 

170, subpart C. See 23 U.S.C. 202(b)(3). 

Although the RNDF is no longer 

applicable under the new TTP formula, 

certain historical aspects of the former 

RNDF continue to be relevant in the 

new TTP formula. MAP–21 also 

identified how certain roads included in 

the National Tribal Transportation 

Program Facility Inventory (NTTFI) 

impact funding within the new formula. 

See 23 U.S.C. 202(b)(1). 

The current regulation was published 

in the Federal Register in 2004 (69 FR 

43090, July 19, 2004). Congress later 

enacted the Safe, Accountable, Flexible 

and Efficient Transportation Equity 

Act—A Legacy for Users (SAFETEA– 

LU), Public Law 100–59 (August 10, 

2005). Certain provisions of 25 CFR part 

170 were amended as a result of 

SAFETEA–LU but the regulation was 

not revised at that time. The primary 

purpose of the proposed rule is to bring 

the regulation into compliance with 

MAP–21, which amends or renders 

obsolete parts of the existing rule. 

There have also been significant 

changes in how TTP is delivered to 

tribes since 25 CFR part 170 was 

published in 2004, and the proposed 

rule reflects these changes. When 25 

CFR part 170 was published, BIA 

delivered the IRR program either by 

direct service to tribes or by contracting 

with tribes to carry out certain program 

functions under the Indian SelfDetermination and Education 

Assistance Act. (P.L. 93–638, as 

amended). Under SAFETEA–LU, FHWA 

and the BIA developed an additional 

delivery option known as ‘‘program 

agreements’’ which allow tribes that 

meet certain administrative and 

financial management requirements to 

carry out all but the inherently Federal 

functions of the TTP. MAP–21 carried 

forward the authority of SAFETEA–LU 

in this area and the proposed rule 

incorporates these changes. 

Additionally, the proposed rule 

codifies the requirements that Proposed 

Roads or Access Roads must meet in 

order to be added to or remain in the 

NTTFI. Tribes, BIA, and FHWA have 

identified the lack of these requirements 

for Proposed and Access Roads to be 

added to or remain in the NTTFI as an 

area of concern in the current regulation 

for many years. Proposed roads are 

currently defined by 25 CFR 170.5 as ‘‘a 

road which does not currently exist and 

needs to be constructed.’’ A primary 

access route is the shortest practicable 

route connecting two points, including 

roads between villages, roads to 

landfills, roads to drinking water 

sources, roads to natural resources 

identified for economic development, 

and roads that provide access to 

intermodal termini, such as airports, 

harbors, or boat landings. See 23 U.S.C. 

202(b)(1). 

During 2012, BIA and FHWA 

conducted thirteen tribal consultation 

meetings throughout the country on a 

joint BIA and FHWA recommendation 

for changing how proposed roads and 

access roads would contribute to the 

RNDF for Indian Reservation Roads 

Program funds. See 25 CFR part 170, 

subpart C. Although MAP–21 replaces 

the RNDF as discussed above, the 

proposed rule would clarify the 

requirements that proposed roads or 

access roads must meet in order to be 

added to or remain in the NTTFI. 

III. Explanation of Revisions 

Subpart A—General Provisions and 

Definitions 

This subpart is revised to: 

• Be consistent with the language 

used throughout 23 U.S.C. 201 and 202; 

• Outline the policies, guidance 

manuals, directives, and procedures that 

govern the TTP under the program 

delivery options that are available to 

tribes; and 

• Include new and updated 

definitions that are used throughout the 

rule. 

Subpart B—Tribal Transportation 

Program Policy and Eligibility 

This subpart is revised to be 

consistent with MAP–21 by: 

• Revising the language discussing 

Federal, tribal, state, and local 

governments’ coordination, 

collaboration, and consultation 

responsibilities; 

• Updating the list of eligible uses of 

TTP funding and the point of contact 

information for fund eligibility requests; 

• Updating the regulation regarding 

cultural access roads, toll roads, 

recreation, tourism, trails, airport access 

roads, transit facilities and seasonal 

transportation routes; 

• Changing the name ‘‘Indian Local 

Technical Assistance Program’’ was 

changed to ‘‘Tribal Technical Assistance 

Centers’’ (TTACs). 

MAP–21 established a TTP safety 

funding set-aside, and the proposed rule 

describes the eligible uses and 

distribution of these funds. The TTP 

Coordinating Committee was 

established by the current rule. The 

proposed rule updates the 

responsibilities of the Committee 

regarding information dissemination 

requirements and scheduling of 

Committee meetings. 

Subpart C—Tribal Transportation 

Program Funding 

This subpart is revised as to do the 

following: 

• Remove the chart showing the flow 

of TTP funds. 

• Reflect the statutory formula and 

methodology established by MAP–21 to 

distribute TTP funds including new 

formula factors, set-asides, 

supplemental funding and transition 

period. 

• Remove the sections of the current 

regulation governing the Indian 

Reservation Roads Program High 

Priority Projects because Section 1123 of 

MAP–21 established the Tribal High 

Priority Projects Program as a separate, 

stand-alone program. 

• Revise how the National Tribal 

Transportation Facility Inventory 

(NTTFI) relates to the long-range tribal 

transportation planning process. 

• Revise the appeal process for fund 

distribution to be consistent with MAP– 

21. 

• Remove the appendices to Subpart 

C of the current regulation because they 

are not applicable to the statutory 

funding formula established by MAP– 

21. 

Subpart D—Planning, Design, and 

Construction of Tribal Transportation 

Program Facilities 

This proposed subpart contains 

revisions to the sections involving 

NTTFI submissions, review and 

approval of plans, specifications and 

estimates (PS&Es). A section on the TTP 

Bridge Program was added to reflect 

changes as a result of the enactment of 

MAP–21. The appendices to this 

subpart were removed because they 

contained only reference information 

that is now available on BIA and FHWA 

Web sites. 

Subpart E—Service Delivery for Tribal 

Transportation Program 

This subpart revises the sections 

involving Notice of Funds Availability 

(NOFA), Contracts and Agreements 

including savings. The Appendix to 

Subpart E is updated to be consistent 

with MAP–21. 

Subpart F—Program Oversight and 

Accountability 

This subpart revises the stewardship 

and oversight roles and responsibilities 

for the TTP to reflect changes in the way 

the TTP is delivered to tribes. The 

current regulations regarding Program 

Reviews are moved to this subpart and 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
76194 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Proposed Rules 

are updated to be consistent with MAP– 

21. 

Subpart G—Maintenance 

This subpart is updated to reflect 

changes in MAP–21 and clarify the 

eligible activities funded only through 

TTP. The Appendix to Subpart G of the 

existing regulation was removed and 

that information that is now available 

on BIA and FHWA Web sites. 

Subpart H—Miscellaneous 

This subpart is updated to be 

consistent with statutory references that 

changed due to the enactment of MAP– 

21. The sections involving Emergency 

Relief and Hazardous and Nuclear 

Waste Transportation were removed 

because they contained only reference 

information that is now available on 

BIA and FHWA Web sites. The section 

regarding the Tribal High Priority 

Projects Program was also removed 

because it is authorized under Section 

1123 of MAP–21 is therefore not a part 

of the TTP. 

IV. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

E.O. directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. This rule is also 

part of the Department’s commitment 

under the Executive Order to reduce the 

number and burden of regulations and 

provide greater notice and clarity to the 

public. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. It 

will not result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year. 

The rule’s requirements will not result 

in a major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. Nor will 

this rule have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

Under the criteria in E.O. 12630, this 

rule does not affect individual property 

rights protected by the Fifth 

Amendment nor does it involve a 

compensable ‘‘taking.’’ A takings 

implication assessment is therefore not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

rule has no substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation; and is 

written in clear language and contains 

clear legal standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments,’’ E.O. 13175 (59 FR 

22951, November 6, 2000), and 512 DM 

2, we have evaluated the potential 

effects on federally recognized Indian 

tribes and Indian trust assets. During 

development of this proposed rule, the 

Department discussed this topic with 

tribal leaders, and will further consult 

specifically on the proposed rule during 

the public comment period. 

I. Paperwork Reduction Act 

OMB Control Number: 1076–0161. 

Title: 25 CFR 170, Tribal 

Transportation Program. 

Brief Description of Collection: Some 

of the information such as the providing 

inventory updates (25 CFR 170.444), the 

development of a long range 

transportation plan (25 CFR 170.411 and 

170. 412), the development of a tribal 

transportation improvement program 

(25 CFR 170.421), and priority list (25 

CFR 170.420) are mandatory to 

determine how funds will allocated to 

implement the Tribal Transportation 

Program. Some of the information, such 

as public hearing requirements, is 

necessary for public notification and 

involvement (25 CFR 170.437 and 

170.438). While other information, such 

as a request for exception from design 

standards (25 CFR 170.456), are 

voluntary. 

Type of Review: Revision of currently 

approved collection. 

Respondents: Federally recognized 

Indian Tribal governments. 

Number of Respondents: 1,349 on 

average (each year). 

Number of Responses: 1,349 on 

average (each year). 

Frequency of Response: On occasion. 

Estimated Time per Response: (See 

table below). 

Estimated Total Annual Hour Burden: 

17,828 hours. 


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Citation 25 

CFR 170 Information 

Average 

number of 

hours 

Average 

number per 

year 

Estimated 

annual burden 

hours 

170.444 ........ Provide and Review Information ....................................................................... 20 141 2,820 

170.411 ........ Long Range Transportation Plan Contents ....................................................... 40 113 4,520 

170.421 ........ Reporting Requirement for Tribal Transportation Improvement Program 

(TTIP).

10 281 2,810 

170.420 ........ Reporting Requirement for Tribal Priority List ................................................... 10 281 2,810 

170.412 ........ Submission of Long Range Transportation Plan to BIA and Public, and Further Development.40 113 4,520 

170.437 ........ Notice of Requirements for Public Hearing ....................................................... 1⁄2 205 103 

170.439 ........ Record keeping Requirement—Record of Public Hearing ................................ 1 205 205 

170.456 ........ Provide Information for Exception ..................................................................... 4 10 40 

OMB Control No. 1076–0161 

currently authorizes the collections of 

information contained in 25 CFR part 

170. If this proposed rule is finalized, 

the annual burden hours for 

respondents will decrease by 

approximately 1,800 hours because two 

previously identified information 

collection requirements have been 

deleted under this rule. 

You may review the information 

collection request online at http:// 

www.reginfo.gov. Follow the 

instructions to review Department of the 

Interior collections under review by 

OMB. We invite comments on the 

information collection requirements in 

the proposed rule. You may submit 

comments to OMB by facsimile to (202) 

395–5806 or you may send an email to 

the attention of the OMB Desk Officer 

for the Department of the Interior: 

OIRA_Submission@omb.eop.gov. Please 

send a copy of your comments to the 

person listed in the FOR FURTHER

INFORMATION CONTACT section of this 

notice. Note that the request for 

comments on the rule and the request 

for comments on the information 

collection are separate. To best ensure 

consideration of your comments on the 

information collection, we encourage 

you to submit them by January 20, 2015; 

while OMB has 60 days from the date 

of publication to act on the information 

collection request, OMB may choose to 

act on or after 30 days. Comments on 

the information collection should 

address: (a) The necessity of this 

information collection for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden (hours and cost) of the 

collection of information, including the 

validity of the methodology and 

assumptions used; (c) ways we could 

enhance the quality, utility and clarity 

of the information to be collected; and 

(d) ways we could minimize the burden 

of the collection of the information on 

the respondents, such as through the 

use of automated collection techniques 

or other forms of information 

technology. Please note that an agency 

may not sponsor or request, and an 

individual need not respond to, a 

collection of information unless it 

displays a valid OMB Control Number. 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment 

because it is of an administrative, 

technical, and procedural nature. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

L. Clarity of This Regulation 

We are required by E.O. 12866 and 

12988 and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the 

‘‘COMMENTS’’ section. To better help 

us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that are unclearly written, which 

sections or sentences are too long, the 

sections where you believe lists or 

tables would be useful, etc. 

M. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 25 CFR Part 170 

Highways and roads, Indians-lands. 

For the reasons stated in the 

preamble, the Department of the 

Interior, Bureau of Indian Affairs, 

proposes to revise part 170 in Title 25 

of the Code of Federal Regulations to 

read as follows: 

PART 170—TRIBAL 

TRANSPORTATION PROGRAM 

Subpart A—Policies, Applicability, and 

Definitions 

Sec. 

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 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? 


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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? 

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 TTP and Cultural Access Roads 

170.114 What restrictions apply to the use 

of a tribal transportation facility? 

170.115 What is a cultural access road? 

170.116 Can a tribe close a cultural access 

road? 

Seasonal Transportation Routes 

170.117 Can TTP funds be used on seasonal 

transportation routes? 

TTP Housing Access Roads 

170.118 What terms apply to access roads? 

170.119 Are housing access roads and 

housing streets eligible for TTP funding? 

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? 

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? 

Highway Safety Functions 

170.127 What funds are available for a 

tribe’s highway safety activities? 

170.128 What activities are eligible for the 

TTP safety funds? 

170.129 How will tribes receive safety 

funds? 

170.130 How can tribes obtain non-TTP 

funds to perform highway safety 

projects? 

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? 

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? 

Tribal Technical Assistance Centers 

170.138 What are Tribal Technical 

Assistance Centers? 

Appendix to Subpart B—Items for Which 

TTP Funds May Be Used. 

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 do BIA and FHWA allocate 

and distribute tribal transportation 

planning funds? 

170.204 What restrictions apply to TTP 

funds provided to tribes? 

170.205 What is the timeframe for 

distributing TTP funds? 

TTP Inventory and Long-Range 

Transportation Plan 

170.225 How does a long-range 

transportation plan relate to the National 

Tribal Transportation Facility Inventory? 

Formula Data Appeals 

170.226 How can a tribe appeal its share 

calculation? 

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 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? 

Subpart D—Planning, Design, and 

Construction of Tribal Transportation 

Program Facilities 

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? 

170.406–170.409 [Reserved]. 

170.410 What is the purpose of tribal longrange transportation planning? 

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 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? 

Transportation Improvement Programs 

170.421 What is the Tribal Transportation 

Improvement Program (TTIP)? 

170.422 What is the TTP Transportation 

Improvement Program (TTPTIP)? 

170.423 How are projects placed on the 

TTPTIP? 

170.424 How does the public participate in 

developing the TTPTIP? 

170.425 How do BIA and FHWA conduct 

the annual update to the TTPTIP? 

170.426 How is the TTPTIP approved? 

170.427 How can a tribe amend an 

approved TTPTIP? 

170.428 How is the State Transportation 

Improvement Program related to the 

TTPTIP? 

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 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? 

TTP 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 What is a strip map? 

170.446 What minimum attachments are 

required for an NTTFI submission? 

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? 

Design 

170.454 What design standards are used in 

the TTP? 

170.455 What other factors must influence 

project design? 

170.456 When can a tribe request an 

exception from the design standards? 

170.457 Can a tribe appeal a denial? 


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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? 

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? 

Management Systems 

170.502 Are nationwide management 

systems required for the TTP? 

Bridge Program 

170.510 What funds are available to address 

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? 

Subpart E—Service Delivery for Tribal 

Transportation Program 

Funding Process 

170.600 What must BIA include in the 

notice of funds availability? 

170.602 If a tribe incurs unforeseen 

construction costs, can it get additional 

funds? 

Miscellaneous Provisions 

170.605 May BIA or FHWA use forceaccount 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 What 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? 

170.614 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 program, 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? 

Appendix to Subpart E—List of Program 

Functions that Cannot be Subcontracted 

Subpart F—Program Oversight and 

Accountability 

170.700 What is the TTP Stewardship Plan/ 

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 Programs 

170.800 What funds are available for 

maintenance activities? 

170.801 Can maintenance funds be used to 

implement TTP transportation facilities? 

170.802 Can a tribe perform road 

maintenance? 

170.803 To what standards must a TTP 

transportation facility be maintained? 

170.804 What if maintenance funding is 

inadequate? 

170.805 What maintenance activities are 

eligible for TTP funding? 

Subpart H—Miscellaneous Provisions 

Reporting Requirements and Indian 

Preference 

170.910 What information on the TTP or 

projects must BIA or FHWA provide to 

tribes? 

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? 

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? 

Resolving Disputes 

170.934 Are alternative dispute resolution 

procedures available? 

170.935 How does a direct service tribe 

begin the alternative dispute resolution 

process? 

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 

improvement programs? 

170.943 What is the Tribal High Priority 

Projects Program? 

Authority: Pub. L. 112–141, 23 U.S.C. 202. 

PART 170—TRIBAL 

TRANSPORTATION PROGRAM 

Subpart A—Policies, Applicability, and 

Definitions 

§ 170.1 What does this part do? 

This part provides rules and a funding 

formula for the Department of the 

Interior (DOI), in cooperation with the 

Department of Transportation (DOT), to 

implement the Tribal Transportation 

Program (TTP). Included in this part are 

other Title 23 and Title 25 

transportation programs administered 

by the Secretary of the Interior and the 

Secretary of Transportation (Secretaries) 

and implemented by tribes and tribal 

organizations under the Indian SelfDetermination and Education 

Assistance Act of 1975 (ISDEAA), as 

amended, program agreements, and 

other appropriate agreements. 

§ 170.2 What policies govern the TTP? 

(a) The Secretaries’ policy for the TTP 

is to: 

(1) Provide a uniform and consistent 

set of rules; 

(2) Foster knowledge of the programs 

by providing information about them 

and the opportunities that they create; 

(3) Facilitate tribal planning, conduct, 

and administration of the programs; 

(4) Encourage inclusion of these 

programs under self-determination 

contracts, self-governance agreements, 

program agreements, and other 

appropriate agreements; 

(5) Make available all contractible 

non-inherently Federal administrative 

functions under self-determination 

contracts, self-governance agreements, 


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program agreements, and other 

appropriate agreements. 

(6) Carry out policies, procedures, and 

practices in consultation with Indian 

tribes to ensure the letter, spirit, and 

goals of Federal transportation programs 

are fully implemented. 

(b) Where this part differs from 

provisions in the Indian SelfDetermination and Education 

Assistance Act of 1975 (ISDEAA), this 

part should advance the policy of 

increasing tribal autonomy and 

discretion in program operation. 

(c) This part is designed to enable 

Indian tribes to participate in all 

contractible activities of the TTP and 

BIA Road Maintenance program. The 

Secretary of the Interior will afford 

Indian tribes the flexibility, information, 

and discretion to design roads programs 

under self-determination contracts, selfgovernance agreements, program 

agreements, and other appropriate 

agreements to meet the needs of their 

communities consistent with this part. 

(d) Programs, functions, services, and 

activities, regardless of how they are 

administered, are an exercise of Indian 

tribes’ self-determination and selfgovernance. 

(1) The tribe is responsible for 

managing the day-to-day operation of its 

contracted Federal programs, functions, 

services, and activities. 

(2) The tribe accepts responsibility 

and accountability to the beneficiaries 

under self-determination contracts, selfgovernance agreements, program 

agreements, and other appropriate 

agreements for: 

(i) Use of the funds; and 

(ii) Satisfactory performance of all 

activities funded under the contract or 

agreement. 

(3) The Secretary will continue to 

discharge the trust responsibilities to 

protect and conserve the trust resources 

of tribes and the trust resources of 

individual Indians. 

(e) The Secretary should interpret 

Federal laws and regulations to facilitate 

including programs covered by this part 

in the government-to-government 

agreements authorized under ISDEAA. 

(f) The administrative functions 

referenced in paragraph (a)(5) of this 

section are contractible without regard 

to the organizational level within the 

DOI that carries out these functions. 

Including TTP administrative functions 

under self-determination contracts, selfgovernance agreements, program 

agreements or other appropriate 

agreements, does not limit or reduce the 

funding for any program or service 

serving any other tribe. 

(g) The Secretaries are not required to 

reduce funding for a tribe under these 

programs to make funds available to 

another tribe. 

(h) This part must be liberally 

construed for the benefit of tribes and to 

implement the Federal policy of selfdetermination and self-governance. 

(i) Any ambiguities in this part must 

be construed in favor of the tribes to 

facilitate and enable the transfer of 

programs authorized by 23 U.S.C. 201 

and 202 and title 25 of the U.S.C. 

§ 170.3 When do other requirements apply 

to the TTP? 

TTP policies, guidance, and directives 

apply, to the extent permitted by law, 

only if they are consistent with this part 

and 25 CFR parts 900 and 1000. See 25 

CFR 900.5 for when a tribe must comply 

with other unpublished requirements. 

§ 170.4 How does this part affect existing 

tribal rights? 

This part does not: 

(a) Affect tribes’ sovereign immunity 

from suit; 

(b) Terminate or reduce the trust 

responsibility of the United States to 

tribes or individual Indians; 

(c) Require a tribe to assume a 

program relating to the TTP; or 

(d) Impede awards by other agencies 

of the United States or a State to tribes 

to administer programs under any other 

law. 

§ 170.5 What definitions apply to this part? 

AASHTO means the American 

Association of State Highway and 

Transportation Officials. 

Access road as defined in 23 CFR 

635.117(e) means a road that extends 

outward from the tribal boundary to a 

point at which it intersects with a road 

functionally classified as a collector or 

higher classification in both urban and 

rural areas. The maximum length of an 

Access road will not exceed 15 miles. 

Agreement means a selfdetermination contract, self-governance 

agreement, Program Agreement or other 

appropriate agreement, to fund and 

manage the programs, functions, 

services and activities transferred to a 

tribe. 

Appeal means a request by a tribe or 

consortium for an administrative review 

of an adverse agency decision. 

Asset management as defined in 23 

U.S.C. 101(a)(2) means a strategic and 

systematic process of operating, 

maintaining, and improving physical 

assets, with a focus on both engineering 

and economic analysis based upon 

quality information, to identify a 

structured sequence of maintenance, 

preservation, repair, rehabilitation, and 

replacement actions that will achieve 

and sustain a desired state of good 

repair over the lifecycle of the assets at 

minimum practicable cost. 

BIA means the Bureau of Indian 

Affairs of the Department of the Interior. 

BIADOT means the Bureau of Indian 

Affairs, Indian Services—Division of 

Transportation—Central Office. 

BIA Force Account means the 

performance of work done by BIA 

employees. 

BIA Road System means the Bureau of 

Indian Affairs Road System under the 

National Tribal Transportation Facility 

Inventory (NTTFI) and includes only 

those existing and proposed facilities for 

which the BIA has or plans to obtain 

legal right-of-way. 

BIA System Inventory means Bureau 

of Indian Affairs System Inventory 

under the NTTFI that included the BIA 

road system, tribally owned public 

roads, and facilities not owned by an 

Indian tribal government or the BIA in 

the States of Oklahoma and Alaska that 

were used to generate road mileage for 

computation of the funding formula in 

the Indian Reservation Roads Program 

prior to October 1, 2004. 

BIA Transportation Facility means 

any of the following: 

(1) Road systems and related road 

appurtenances such as signs, traffic 

signals, pavement striping, trail 

markers, guardrails, etc.; 

(2) Highway bridges and drainage 

structures; 

(3) Airport runways and heliport 

pads, including runway lighting; 

(4) Boardwalks; 

(5) Adjacent parking areas; 

(6) Maintenance yards; 

(7) Bus stations; 

(8) System public pedestrian 

walkways, paths, bike and other trails; 

(9) Motorized vehicle trails; 

(10) Public access roads to heliports 

and airports; 

(11) BIA and tribal post-secondary 

school roads and parking lots built with 

TTP Program funds; and 

(12) Public ferry boats and boat 

ramps. 

CFR means the United States Code of 

Federal Regulations. 

Construction, as defined in 23 U.S.C. 

101(a)(4), means the supervising, 

inspecting, actual building, and 

incurrence of all costs incidental to the 

construction or reconstruction of a tribal 

transportation facility, as defined in 23 

U.S.C. 101(a)(31). The term includes— 

(1) Preliminary engineering, 

engineering, and design-related services 

directly relating to the construction of a 

tribal transportation facility project, 

including engineering, design, project 

development and management, 

construction project management and 

inspection, surveying, mapping 


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(including the establishment of 

temporary and permanent geodetic 

control under specifications of the 

National Oceanic and Atmospheric 

Administration), and architecturalrelated services; 

(2) Reconstruction, resurfacing, 

restoration, rehabilitation, and 

preservation; 

(3) Acquisition of rights-of-way; 

(4) Relocation assistance, acquisition 

of replacement housing sites, and 

acquisition and rehabilitation, 

relocation, and construction of 

replacement housing; 

(5) Elimination of hazards of railwayhighway grade crossings; 

(6) Elimination of roadside hazards; 

(7) Improvements that directly 

facilitate and control traffic flow, such 

as grade separation of intersections, 

widening of lanes, channelization of 

traffic, traffic control systems, and 

passenger loading and unloading areas; 

and 

(8) Capital improvements that directly 

facilitate an effective vehicle weight 

enforcement program, such as scales 

(fixed and portable), scale pits, scale 

installation, and scale houses. 

Construction contract means a fixed 

price or cost reimbursement selfdetermination contract for a 

construction project or an eligible TTP 

funded road maintenance project, 

except that such term does not include 

any contract— 

(1) That is limited to providing 

planning services and construction 

management services (or a combination 

of such services); 

(2) For the housing improvement 

program or roads maintenance program 

of the BIA administered by the Secretary 

of the Interior; or 

(3) For the health facility maintenance 

and improvement program administered 

by the Secretary of Health and Human 

Services. 

Consultation means government-togovernment communication in a timely 

manner by all parties about a proposed 

or contemplated decision in order to: 

(1) Provide meaningful tribal input 

and involvement in the decision-making 

process; and 

(2) Advise the tribe of the final 

decision and provide an explanation. 

Contract means a self-determination 

contract as defined in section 4(j) of 

ISDEAA or a procurement document 

issued under Federal or tribal 

procurement acquisition regulations. 

Days means calendar days, except 

where the last day of any time period 

specified in this part falls on a Saturday, 

Sunday, or a Federal holiday, the period 

will carry over to the next business day 

unless otherwise prohibited by law. 

Design means services related to 

preparing drawings, specifications, 

estimates, and other design submissions 

specified in a contract or agreement, as 

well as services during the bidding/ 

negotiating, construction, and 

operational phases of the project. 

DOI means the Department of the 

Interior. 

DOT means the Department of 

Transportation. 

FHWA means the Federal Highway 

Administration of the Department of 

Transportation. 

Financial Constraint or Fiscal 

Constraint means that a plan 

(metropolitan transportation plan, TIP, 

or STIP) includes financial information 

demonstrating that projects can be 

implemented using committed, 

available, or reasonably available 

revenue sources, with reasonable 

assurance that the federally supported 

transportation system is adequately 

operated and maintained. (See 23 U.S.C. 

134 and 135.) 

(1) For the TIP and the STIP, financial 

constraint/fiscal constraint applies to 

each program year. 

(2) Projects in air quality 

nonattainment and maintenance areas 

can be included in the first two years of 

the TIP and STIP only if funds are 

‘‘available’’ or ‘‘committed.’’ See 23 CFR 

450.104. 

FTA means the Federal Transit 

Administration within the Department 

of Transportation. 

Governmental subdivision of a tribe 

means a unit of a federally-recognized 

tribe which is authorized to participate 

in a TTP activity on behalf of the tribe. 

Indian means a person who is a 

member of a Tribe or as otherwise 

defined in 25 U.S.C. 450b. 

ISDEAA means the Indian SelfDetermination and Education 

Assistance Act of 1975, Public Law 93– 

638, as amended. 

Maintenance means the preservation 

of the tribal transportation facilities, 

including surface, shoulders, roadsides, 

structures, and such traffic-control 

devices as are necessary for safe and 

efficient utilization of the facility as 

defined in 23 U.S.C. 101(31). 

NBTI means the National Bridge and 

Tunnel Inventory, which is the database 

of structural and appraisal data 

collected to fulfill the requirements of 

the National Bridge and Tunnel 

Inspection Standards, as defined in 23 

U.S.C. 144. Each State and BIA must 

maintain an inventory of all bridges and 

tunnels that are subject to the NBTI 

standards and provide this data to the 

Federal Highway Administration 

(FHWA). 

National Tribal Transportation 

Facility Inventory (NTTFI) means at a 

minimum, transportation facilities that 

are eligible for assistance under the 

tribal transportation program that an 

Indian tribe has requested, including 

facilities that meet at least one of the 

following criteria: 

(1) Were included in the Bureau of 

Indian Affairs system inventory prior to 

October 1, 2004. 

(2) Are owned by an Indian tribal 

government (‘‘owned’’ means having the 

authority to finance, build, operate, or 

maintain the facility (see 23 U.S.C. 

101(a)(20)). 

(3) Are owned by the Bureau of Indian 

Affairs (‘‘owned’’ means having the 

authority to finance, build, operate, or 

maintain the facility (See 23 U.S.C. 

101(a)(20)). 

(4) Were constructed or reconstructed 

with funds from the Highway Trust 

Fund under the Indian reservation roads 

program since 1983. 

(5) Are public roads or bridges within 

the exterior boundary of Indian 

reservations, Alaska Native villages, and 

other recognized Indian communities 

(including communities in former 

Indian reservations in the State of 

Oklahoma) in which the majority of 

residents are American Indians or 

Alaska Natives. 

(6) Are public roads within or 

providing access to either: 

(i) An Indian reservation or Indian 

trust land or restricted Indian land that 

is not subject to fee title alienation 

without the approval of the Federal 

Government; or 

(ii) Indian or Alaska Native villages, 

groups, or communities whose residents 

include Indians and Alaska Natives 

whom the Secretary has determined are 

eligible for services generally available 

to Indians under Federal laws 

applicable to Indians. 

(7) Are primary access routes 

proposed by tribal governments, 

including roads between villages, roads 

to landfills, roads to drinking water 

sources, roads to natural resources 

identified for economic development, 

and roads that provide access to 

intermodal terminals, such as airports, 

harbors, or boat landings. 

Population Adjustment Factor means 

a special portion of the former Indian 

Reservation Roads (IRR) Program 

distribution formula that was calculated 

annually and provided for broader 

participation in the IRR Program. 

Program means any program, 

function, service, activity, or portion 

thereof. 

Program agreement means an 

agreement between the tribe and 

Assistant Secretary—Indian Affairs or 


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the Administrator of the Federal 

Highway Administration, or their 

respective designees, that transfers all 

but the inherently federal program 

functions, services and activities of the 

Tribal Transportation Program to the 

tribe. 

Project planning means projectrelated activities that precede the design 

phase of a transportation project. 

Examples of these activities are: 

Collecting data on traffic, accidents, or 

functional, safety or structural 

deficiencies; corridor studies; 

conceptual studies, environmental 

studies; geotechnical studies; 

archaeological studies; project scoping; 

public hearings; location analysis; 

preparing applications for permits and 

clearances; and meetings with facility 

owners and transportation officials. 

Proposed road or facility means a road 

or facility that will serve public 

transportation needs, meets the 

eligibility requirements of the TTP, and 

does not currently exist. 

Public authority as defined in 23 

U.S.C. 101(a)(20) means a Federal, State, 

county, town, or township, Indian tribe, 

municipal, or other local government or 

instrumentality with authority to 

finance, build, operate, or maintain toll 

or toll-free facilities. 

Public road means any road or street 

under the jurisdiction of and 

maintained by a public authority and 

open to public travel. 

Real property means any interest in 

land together with the improvements, 

structures, fixtures and appurtenances. 

Regionally significant project means a 

project (other than projects that may be 

grouped in the STIP/TIP under 23 CFR 

450) that: 

(1) Is on a facility which serves 

regional transportation needs (such as 

access to and from the area outside of 

the region, major activity centers in the 

region, major planned developments 

such as new retail malls, sports 

complexes, etc., or transportation 

terminals as well as most terminals 

themselves); and 

(2) Would normally be included in 

the modeling of a metropolitan area’s 

transportation network, including, as a 

minimum, all principal arterial 

highways and all fixed guideway transit 

facilities that offer a significant 

alternative to regional highway travel. 

Rehabilitation means the work 

required to restore the structural 

integrity of transportation facilities as 

well as work necessary to correct safety 

defects. 

Relative Need Distribution Factor 

means a mathematical formula used for 

distributing construction funds under 

the former Indian Reservation Roads 

Program. 

Relocation means the adjustment of 

transportation facilities and utilities 

required by a highway project. It 

includes removing and reinstalling the 

facility, including necessary temporary 

facilities; acquiring necessary right-ofway on the new location; moving, 

rearranging or changing the type of 

existing facilities; and taking any 

necessary safety and protective 

measures. It also means constructing a 

replacement facility that is both 

functionally equivalent to the existing 

facility and necessary for continuous 

operation of the utility service, the 

project economy, or sequence of 

highway construction. 

Relocation services means payment 

and assistance authorized by the 

Uniform Relocation and Real Property 

Acquisitions Policy Act, 42 U.S.C. 4601 

et seq., as amended. 

Rest area means an area or site 

established and maintained within or 

adjacent to the highway right-of-way or 

under public supervision or control for 

the convenience of the traveling public. 

Seasonal transportation route means a 

non-recreational transportation route in 

the national tribal transportation facility 

inventory such as snowmobile trails, ice 

roads, and overland winter roads that 

provide access to Indian communities or 

villages and may not be open for yearround use. 

Secretaries means the Secretary of the 

Interior and the Secretary of 

Transportation or designees authorized 

to act on their behalf. 

Secretary means the Secretary of the 

Interior or a designee authorized to act 

on the Secretary’s behalf. 

Secretary of Transportation means the 

Secretary of Transportation or a 

designee authorized to act on behalf of 

the Secretary. 

State Transportation Department as 

defined in 23 U.S.C. 101(a)(28) means 

that department, commission, board, or 

official of any State charged by its laws 

with the responsibility for highway 

construction. 

STIP means Statewide Transportation 

Improvement Program. It is a financially 

constrained, multi-year list of 

transportation projects. The STIP is 

developed under 23 U.S.C. 134 and 135, 

and 49 U.S.C. 5303–5305. The Secretary 

of Transportation reviews and approves 

the STIP for each State. 

Transit means services, equipment, 

and functions associated with the public 

movement of people served within a 

community or network of communities 

provided by a tribe or other public 

authority using Federal funds. 

Transportation planning means 

developing land use, economic 

development, traffic demand, public 

safety, health and social strategies to 

meet transportation current and future 

needs. 

Tribal road system means the tribally 

owned roads under the National Tribal 

Transportation Facility Inventory 

(NTTFI). For the purposes of fund 

distribution as defined in 23 U.S.C. 

202(b), the tribal road system includes 

only those existing and proposed 

facilities that are approved and included 

in the NTTFI as of fiscal year 2012. 

Tribal transit program means the 

planning, administration, acquisition, 

and operation and maintenance of a 

system associated with the public 

movement of people served within a 

community or network of communities 

on or near tribal lands. 

Tribal Transportation Program (TTP) 

means a program established in Section 

1119 of Moving Ahead for Progress in 

the 21st Century (MAP–21), Public Law 

112–141 (July 6, 2012), and codified in 

23 U.S.C. 201 and 202 to address 

transportation needs of tribes. 

Tribal Transportation Facility means 

a public highway, road, bridge, trail, or 

transit system that is located on or 

provides access to tribal land and 

appears on the national tribal 

transportation facility inventory 

described in 23 U.S.C. 202(b)(1). 

Tribal Transportation Facility Bridge 

Program means the program authorized 

and defined under 23 U.S.C. 202(d) and 

set forth in 23 CFR part 661 that uses 

TTP funds for the improvement of 

deficient bridges. 

Tribe means any tribe, nation, band, 

pueblo, rancheria, colony, or 

community, including any Alaska 

Native village or regional or village 

corporation as defined or established 

under the Alaska Native Claims 

Settlement Act, that is federally 

recognized by the U.S. government for 

special programs and services provided 

by the Secretary to Indians because of 

their status as Indians. 

TTIP means Tribal Transportation 

Improvement Program. It is a multi-year 

list of proposed transportation projects 

developed by a tribe from the tribal 

priority list or the long-range 

transportation plan. 

TTP formula funds means the pool of 

funds made available to tribes under 23 

U.S.C. 202(b)(3). 

TTP funds means the funds 

authorized under 23 U.S.C. 201 and 202. 

TTP planning funds means funds 

referenced in 23 U.S.C. 202(c)(1). 

TTP Program Management and 

Oversight (PM&O) funds means those 

funds authorized by 23U.S.C 202(a)(6) 


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to pay the cost of carrying out 

inherently Federal program 

management and oversight, and projectrelated administrative expenses 

activities. 

TTP System means all of the facilities 

eligible for inclusion in the National 

Tribal Transportation Facility Inventory. 

TTPTIP means Tribal Transportation 

Program Transportation Improvement 

Program. It is a financially constrained 

prioritized list of transportation projects 

and activities eligible for TTP funding 

covering a period of 4 years that is 

developed by BIA and FHWA based on 

the TTIP or tribal priority list. It is 

required for projects and activities to be 

eligible for funding under Title 23 

U.S.C. and Title 49 U.S.C. Chapter 53. 

The Secretary of Transportation reviews 

and approves the TTPTIP and 

distributes copies to each State for 

inclusion in their respective STIPs 

without further action. 

U.S.C. means the United States Code. 

§ 170.6 Information collection. 

The information collection 

requirements contained in this part have 

been approved by the Office of 

Management and Budget under 44 

U.S.C. et seq. and assigned control 

number 1076–0161. A Federal agency 

may not conduct or sponsor, and you 

are not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. Comments and suggestions on 

the burden estimate or any other aspect 

of the information collection should be 

sent to the Information Collection 

Clearance Officer, Bureau of Indian 

Affairs, 1849 C Street NW., Washington, 

DC 20240. 

Subpart B—Tribal Transportation 

Program Policy and Eligibility 

Consultation, Collaboration, 

Coordination 

§ 170.100 What do the terms 

‘‘consultation,’’ ‘‘collaboration,’’ and 

‘‘coordination’’ mean? 

(a) Consultation means governmentto-government communication in a 

timely manner by all parties about a 

proposed or contemplated decision in 

order to: 

(1) Secure meaningful tribal input and 

involvement in the decision-making 

process; and 

(2) Advise the tribe of the final 

decision and provide an explanation. 

(b) Collaboration means that all 

parties involved in carrying out 

planning and project development work 

together in a timely manner to achieve 

a common goal or objective. 

(c) Coordination means that each 

party: 

(1) Shares and compares in a timely 

manner its transportation plans, 

programs, projects, and schedules with 

the related plans, programs, projects, 

and schedules of the other parties; and 

(2) Adjusts its plans, programs, 

projects, and schedules to optimize the 

efficient and consistent delivery of 

transportation projects and services. 

§ 170.101 What is the TTP consultation 

and coordination policy? 

(a) The TTP’s government-togovernment consultation and 

coordination policy is to foster and 

improve communication, cooperation, 

and coordination among tribal, Federal, 

State, and local governments and other 

transportation organizations when 

undertaking the following, similar, or 

related activities: 

(1) Identifying high-accident locations 

and locations for improving both 

vehicle and pedestrian safety; 

(2) Developing State, metropolitan, 

regional, TTP, and tribal transportation 

improvement programs that impact 

tribal lands, communities, and 

members; 

(3) Developing short and long-range 

transportation plans; 

(4) Developing TTP transportation 

projects; 

(5) Developing environmental 

mitigation measures necessary to protect 

and/or enhance Indian lands and the 

environment, and counteract the 

impacts of the projects; 

(6) Developing plans or projects to 

carry out the Tribal Transportation 

Facility Bridge Program identified in 23 

U.S.C. 202(d); 

(7) Developing plans or projects for 

disaster and emergency relief response 

and the repair of eligible damaged TTP 

transportation facilities; 

(8) Assisting in the development of 

State and tribal agreements related to 

the TTP; 

(9) Developing and improving transit 

systems serving Indian lands and 

communities; 

(10) Assisting in the submission of 

discretionary grant applications for 

State and Federal funding for TTP 

transportation facilities; and 

(11) Developing plans and projects for 

the Safety funding identified in 23 

U.S.C. 202(e). 

(b) Tribes and State and Federal 

Government agencies may enter into 

intergovernmental Memoranda of 

Agreement to streamline and facilitate 

consultation, collaboration, and 

coordination. 

(c) DOI and DOT operate within a 

government-to-government relationship 

with federally recognized tribes. As a 

critical element of this relationship, 

these agencies assess the impact of 

Federal transportation policies, plans, 

projects, and programs on tribal rights 

and interests to ensure that these rights 

and concerns are appropriately 

considered. 

§ 170.103 What goals and principles guide 

program implementation? 

When undertaking transportation 

activities affecting tribes, the Secretaries 

should, to the maximum extent 

permitted by law: 

(a) Establish regular and meaningful 

consultation and collaboration with 

affected tribal governments, including 

facilitating the direct involvement of 

tribal governments in short- and longrange Federal transportation planning 

efforts; 

(b) Promote the rights of tribal 

governments to govern their own 

internal affairs; 

(c) Promote the rights of tribal 

governments to receive direct 

transportation services from the Federal 

Government or to enter into agreements 

to directly operate any tribally related 

transportation programs serving tribal 

members; 

(d) Ensure the continuation of the 

trust responsibility of the United States 

to tribes and Indian individuals; 

(e) Reduce the imposition of 

unfunded mandates upon tribal 

governments; 

(f) Encourage flexibility and 

innovation in the implementation of the 

TTP; 

(g) Reduce, streamline, and eliminate 

unnecessarily restrictive transportation 

policies, guidelines, or procedures; 

(h) Ensure that tribal rights and 

interests are appropriately considered 

during program development; 

(i) Ensure that the TTP is 

implemented consistent with tribal 

sovereignty and the government-togovernment relationship; and 

(j) Consult with, and solicit the 

participation of, tribes in the 

development of the annual BIA budget 

proposals. 

§ 170.103 Is consultation with tribal 

governments required before obligating 

TTP funds for direct service activities? 

Yes. Consultation with tribal 

governments is required before 

obligating TTP funds for direct service 

activities. Before obligating TTP funds 

on any project for direct service 

activities, the Secretary must: 

(a) Consult with the affected tribe to 

determine tribal preferences concerning 

the program, project, or activity; and 


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(b) Provide information under 

§ 170.600 within 30 days of the notice 

of availability of funds. 

§ 170.104 Are funds available for 

consultation, collaboration, and 

coordination activities? 

Yes. Funds are available for 

consultation, collaboration, and 

coordination activities. To fund 

consultation, collaboration, and 

coordination of TTP activities, tribes 

may use: 

(a) The tribes’ TTP allocations; 

(b) Tribal Priority Allocation funds; 

(c) Administration for Native 

Americans funds; 

(d) Economic Development 

Administration funds; 

(e) United States Department of 

Agriculture Rural Development funds; 

(f) Community Development Block 

Grant funds; 

(g) Indian Housing Block Grant funds; 

(h) Indian Health Service Tribal 

Management Grant funds; 

(i) General funds of the tribal 

government; and 

(j) Any other funds available for the 

purpose of consultation, collaboration, 

and coordination activities. 

§ 170.105 When must State governments 

consult with tribes? 

As identified in 23 U.S.C. 134 and 

135, States will develop their State 

Transportation Improvement Program 

(STIP) in consultation with tribes and 

the Secretary in those areas under 

Indian tribal jurisdiction. This includes 

providing for a process that coordinates 

transportation planning efforts carried 

out by the State with similar efforts 

carried out by tribes. Regulations 

governing STIPs can be found at 23 CFR 

part 450. 

§ 170.106 Should planning organizations 

and local governments consult with tribes 

when planning for transportation projects? 

Yes. Planning organizations and local 

governments should consult with tribes 

when planning for transportation 

projects. The Department’s policy is to 

foster and improve communication, 

cooperation, and coordination among 

metropolitan planning organizations 

(MPOs), regional planning organizations 

(RPOs), local governments, municipal 

governments, and tribes on 

transportation matters of common 

concern. Accordingly, planning 

organizations, and local governments 

should consult with tribal governments 

when planning for transportation 

projects. 

§ 170.107 Should tribes and BIA consult 

with planning organizations and local 

governments in developing projects? 

Yes. Tribes and BIA should consult 

with planning organizations and local 

governments in developing projects. 

(a) All regionally significant TTP 

projects must be: 

(1) Developed in cooperation with 

State and metropolitan planning 

organizations; and 

(2) Included in a FHWA approved 

TTPTIP for inclusion in State and 

metropolitan plans. 

(b) BIA and tribes are encouraged to 

consult with States, metropolitan and 

regional planning organizations, and 

local and municipal governments on 

transportation matters of common 

concern. 

§ 170.108 How do the Secretaries prevent 

discrimination or adverse impacts? 

The Secretaries ensure that nondiscrimination and environmental 

justice principles are integral TTP 

program elements. The Secretaries 

consult with tribes early in the program 

development process to identify 

potential discrimination and to 

recommend corrective actions to avoid 

disproportionately high and adverse 

effects on tribes and Native American 

populations. 

§ 170.109 How can State and local 

governments prevent discrimination or 

adverse impacts? 

(a) Under 23 U.S.C. 134 and 135, and 

23 CFR part 450, State and local 

government officials will consult and 

work with tribes in the development of 

programs to: 

(1) Identify potential discrimination; 

and 

(2) Recommend corrective actions to 

avoid disproportionately high and 

adverse effects on tribes and Native 

American populations. 

(b) Examples of adverse effects 

include, but are not limited to: 

(1) Impeding access to tribal 

communities or activities; 

(2) Creating excessive access to 

culturally or religiously sensitive areas; 

(3) Negatively affecting natural 

resources, trust resources, tribal 

businesses, religious, and cultural sites; 

(4) Harming indigenous plants and 

animals; and 

(5) Impairing the ability of tribal 

members to engage in commercial, 

cultural, and religious activities. 

§ 170.110 What if discrimination or 

adverse impacts occur? 

If discrimination or adverse impacts 

occur, a tribe should take the following 

steps in the order listed: 

(a) Take reasonable steps to resolve 

the problem directly with the State or 

local government involved; and 

(b) Contact BIA, FHWA, or the 

Federal Transit Authority (FTA), as 

appropriate, to report the problem and 

seek assistance in resolving the 

problem. 

Eligible Uses of TTP Funds 

§ 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 U.S.C. 

202(a)(1). A more detailed list of eligible 

activities is available at Appendix A to 

this subpart. Each of the items identified 

in Appendix A must be interpreted in 

a manner that permits, rather than 

prohibits, a proposed use of funds. 

§ 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 TTP 

Transportation Improvement Program 

(TTPTIP); 

(e) Purchase of construction and 

maintenance equipment unless 

approved by BIA and FHWA as 

authorized under § 170.113; or 

(f) Condemnation of land for 

recreational trails. 

§ 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. The 

address is: Department of the Interior, 

BIA, Division of Transportation, 1849 C 

Street NW., MS 4513 MIB, Washington, 

DC 20240. 

(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 


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receiving the written inquiry from the 

tribe. Tribes may appeal denials of a 

proposed use by the FHWA to: FHWA, 

1200 New Jersey Ave. SE., Washington, 

DC 20590. 

(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. 

Use of TTP and Cultural Access Roads 

§ 170.114 What restrictions apply to the 

use of a tribal transportation facility? 

(a) All tribal transportation facilities 

listed in the approved National Tribal 

Transportation Facility Inventory must 

be open and available for public use as 

required by 23 U.S.C. 101(a)(31). 

However, the public authority having 

jurisdiction over these roads or the 

Secretary, in consultation with a tribe 

and applicable private landowners, may 

restrict road use or close roads 

temporarily when: 

(1) Required for public health and 

safety or as provided in § 170.115. 

(2) Conducting engineering and traffic 

analysis to determine maximum speed 

limits, maximum vehicular size, and 

weight limits, and identify needed 

traffic control devices; and 

(3) Erecting, maintaining, and 

enforcing compliance with signs and 

pavement markings. 

(b) Consultation is not required 

whenever the conditions in paragraph 

(a) of this section involve immediate 

safety or life-threatening situations. 

(c) A tribal transportation facility 

owned by a tribe or BIA may be 

permanently closed only when the tribal 

government and the Secretary agree. 

Once this agreement is reached, BIA 

must remove the facility from the NTTFI 

and it will no longer generate funding 

and be ineligible for expenditure of any 

TTP funds. 

§ 170.115 What is a cultural access road? 

(a) A cultural access road is a public 

road that provides access to sites for 

cultural purposes as defined by tribal 

traditions, which may include, for 

example: 

(1) Sacred and medicinal sites; 

(2) Gathering medicines or materials 

such as grasses for basket weaving; and 

(3) Other traditional activities, 

including, but not limited to, 

subsistence hunting, fishing and 

gathering. 

(b) A tribal government may 

unilaterally designate a tribal road as a 

cultural access road. A cultural access 

road designation is an entirely voluntary 

and internal decision made by the tribe 

to help it and other public authorities 

manage, protect, and preserve access to 

locations that have cultural significance. 

(c) In order for a tribal government to 

designate a non-tribal road as a cultural 

access road, it must enter into an 

agreement with the public authority 

having jurisdiction over the road. 

(d) Cultural access roads may be 

included in the National Tribal 

Transportation System Inventory if they 

meet the definition of a TTP facility. 

§ 170.116 Can a tribe close a cultural 

access road? 

(a) A tribe with jurisdiction over a 

cultural access road can close it. The 

tribe can do this: 

(1) During periods when the tribe or 

tribal members are involved in cultural 

activities; and 

(2) In order to protect the health and 

safety of the tribal members or the 

general public. 

(b) Cultural access roads designated 

through an agreement with a public 

authority may only be closed according 

to the provisions of the agreement. See 

§ 170.115(c). 

Seasonal Transportation Routes 

§ 170.117 Can TTP funds be used on 

seasonal transportation routes? 

Yes. A tribe may use TTP funds on 

seasonal transportation routes that are 

included in the national tribal 

transportation facility inventory. 

(a) Standards for seasonal 

transportation routes are found in 

§ 170.454. A tribe can also develop or 

adopt standards that are equal to or 

exceed these standards. 

(b) To help ensure the safety of the 

traveling public, construction of a 

seasonal transportation route requires a 

right-of-way, easement, or use permit. 

TTP Housing Access Roads 

§ 170.118 What terms apply to access 

roads? 

(a) TTP housing access road means a 

public road on the TTP System that 

provides access to a housing cluster. 

(b) TTP housing street means a public 

road on the TTP System that provides 

access to adjacent homes within a 

housing cluster. 

(c) Housing cluster means three or 

more existing or proposed housing 

units. 

§ 170.119 Are housing access roads and 

housing streets eligible for TTP funding? 

Yes. TTP housing access roads and 

housing streets on public rights-of-way 

are eligible for construction, 

reconstruction, and rehabilitation 

funding under the TTP. Tribes, 

following the transportation planning 

process as required in subpart D, may 

include housing access roads and 

housing street projects on the Tribal 

Transportation Improvement Program 

(TTIP). 

Toll, Ferry, and Airport Facilities 

§ 170.120 How can tribes use Federal 

highway funds for toll and ferry facilities? 

(a) A tribe can use Federal-aid 

highway funds, including TTP funds, to 

study, design, construct, and operate 

toll highways, bridges, and tunnels, as 

well as ferry boats and ferry terminal 

facilities. The following table shows 

how a tribe can initiate construction of 

these facilities. 

To initiate construction of . . . A tribe must . . . 

(1) Toll highway, bridge, or tunnel.

(i) Meet and follow the requirements in 23 U.S.C. 129; and. 

(ii) If TTP funds are used, enter into a self-governance. 

(2) Ferry boat or ferry ............................................................................... Meet and follow the requirements in 23 U.S.C. 129(c). 

(b) A tribe can use TTP funds to fund 

100 percent of the conversion or 

construction of a toll facility. 

(c) If a tribe obtains non-TTP Federal 

funding for the conversion or 

construction of a toll facility, the tribe 

may use TTP funds to satisfy any 

matching fund requirements. 


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§ 170.121 Where is information about 

designing and operating a toll facility 

available? 

Information on designing and 

operating a toll highway, bridge or 

tunnel is available from the 

International Bridge, Tunnel and 

Turnpike Association. The Association 

publishes a variety of reports, statistics, 

and analyses. The Web site is located at 

http://www.ibtta.org. Information is also 

available from FHWA. 

§ 170.122 When can a tribe use TTP funds 

for airport facilities? 

(a) A tribe can use TTP funds for 

construction of airport and heliport 

access roads, if the access roads are 

open to the public. 

(b) A tribe cannot use TTP funds to 

construct or improve runways, airports 

or heliports. Tribes can use TTP funds 

for maintaining airport runways, 

heliport pads and lighting under 

§ 170.805. 

Recreation, Tourism, and Trails 

§ 170.123 Can a tribe use Federal funds for 

its recreation, tourism, and trails program? 

Yes. A tribe, tribal organization, tribal 

consortium, or BIA may use TTP funds 

for recreation, tourism, and trails 

programs if the programs are included 

in the TTPTIP. Additionally, the 

following Federal programs may be 

possible sources of Federal funding for 

recreation, tourism, and trails projects 

and activities; 

(a) Federal Lands Access Program (23 

U.S.C. 204); 

(b) Tribal High Priority Projects 

Program (Section 1123 of MAP–21); 

(c) National Highway Performance 

Program (23 U.S.C. 119); 

(d) Transportation Alternatives (23 

U.S.C. 213); 

(e) Surface Transportation Program 

(23 U.S.C. 133); 

(f) Other funding from other Federal 

departments; and 

(g) Other funding that Congress may 

authorize and appropriate. 

§ 170.124 How can a tribe obtain funds? 

(a) To receive funding for programs 

that serve recreation, tourism, and trails 

goals, a tribe should: 

(1) Identify a program meeting the 

eligibility guidelines for the funds and 

have it ready for development; and 

(2) Have a viable project ready for 

improvement or construction, including 

necessary permits. 

(b) Tribes seeking to obtain funding 

from a State under the programs 

identified in § 170.123(c) through (g) 

should contact the State directly to 

determine eligibility, contracting 

opportunities, funding mechanisms, and 

project administration requirements. 

(c) In order to expend any Federal 

transportation funds, a tribe must 

ensure that the eligible project/program 

is listed on an FHWA approved TIP or 

STIP. 

§ 170.125 What types of activities can a 

recreation, tourism, and trails program 

include? 

(a) The following are examples of 

activities that tribes and tribal 

organizations may include in a 

recreation, tourism, and trails program: 

(1) Transportation planning for 

tourism and recreation travel; 

(2) Adjacent public vehicle parking 

areas; 

(3) Development of tourist 

information and interpretative signs; 

(4) Provision for non-motorized trail 

activities including pedestrians and 

bicycles; 

(5) Provision for motorized trail 

activities including all-terrain vehicles, 

motorcycles, snowmobiles, etc.; 

(6) Construction improvements that 

enhance and promote safe travel on 

trails; 

(7) Safety and educational activities; 

(8) Maintenance and restoration of 

existing recreational trails; 

(9) Development and rehabilitation of 

trailside and trailhead facilities and trail 

linkage for recreational trails; 

(10) Purchase and lease of recreational 

trail construction and maintenance 

equipment; 

(11) Safety considerations for trail 

intersections; 

(12) Landscaping and scenic 

enhancement (see 23 U.S.C. 319); 

(13) Bicycle Transportation and 

pedestrian walkways (see 23 U.S.C. 

217); and 

(14) Trail access roads. 

(b) The items listed in paragraph (a) 

of this section are not the only activities 

that are eligible for recreation, tourism, 

and trails funding. The funding criteria 

may vary with the specific requirements 

of the programs. 

(c) Tribes may use TTP funds for any 

activity that is eligible for Federal 

funding under any provision of title 23 

U.S.C. 

§ 170.126 Can roads be built in roadless 

and wild areas? 

Under 25 CFR part 265, no roads can 

be built in an area designated as a 

roadless and wild area. 

Highway Safety Functions 

§ 170.127 What funds are available for a 

tribe’s highway safety activities? 

(a) Funds are made available for a 

tribe’s highway safety activities through 

a TTP set-aside established in 23 U.S.C. 

202(e). The funds are to be allocated 

based on identification and analysis of 

highway safety issues and opportunities 

on tribal lands. A call for projects will 

be made annually for these funds 

through a Notice of Funding 

Availability published in the Federal 

Register. 

(b) Tribes may use their TTP funds 

made available through 23 U.S.C. 202(b) 

for highway safety activities as well as 

seek grant and program funding from 

appropriate State and local agencies and 

private grant organizations. 

(c) The following programs may make 

funds available to tribes for safety 

projects and activities: 

(1) FHWA Highway Safety 

Improvement Program (HSIP) 23 U.S.C. 

148; 

(2) Elimination of Hazards Relating to 

Railway Highway Crossings (23 U.S.C. 

130, 23 CFR 924); 

(3) State and Community Highway 

Safety Grant Program; 

(4) State Traffic Safety Information 

System Improvement Grants Program; 

(5) NHTSA—Alcohol-Impaired 

Driving Countermeasures Incentive 

Program; 

(6) NHTSA—Occupant Protection 

Incentive Grant Program; 

(7) NHTSA—Child Safety and Child 

Booster Seat Incentive Program; and 

(8) BIA—Indian Highway Safety 

Program 25 CFR part 181; 

(9) Funding for highway safety 

activities from the U.S. Department of 

Health and Human Services; and 

(10) Other funding that Congress may 

authorize and appropriate. 

(d) A project that uses TTP funds 

made available under 23 U.S.C. 202(b) 

or TTP set-aside funding established in 

23 U.S.C. 202(e) must be identified on 

a FHWA-approved TTPTIP before any 

funds are expended. 

§ 170.128 What activities are eligible for 

TTP safety funds? 

(a) Funds made available under 23 

U.S.C. 202(e) may be used for projects 

and activities that improve safety in one 

or more of the following categories: 

(1) Planning activities; 

(2) Enforcement and emergency 

management; 

(3) Education; and 

(4) Engineering projects. 

(b) Eligible activities for each of the 

categories listed in paragraph (a) of this 

section will be included in the annual 

Notice of Funding Availability. Other 

activities proposed by tribes must be 

requested from BIA or FHWA under 

§ 170.113. 

(c) The BIA Indian Highway Safety 

Program may be another resource for 

safety funding. 


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§ 170.129 How will tribes receive safety 

funds? 

Funds available to tribes may be 

included in the tribe’s selfdetermination contracts, self-governance 

agreements, program agreements, and 

other appropriate agreements. 

§ 170.130 How can tribes obtain non-TTP 

funds for highway safety projects? 

There are two methods to obtain 

National Highway Traffic Safety 

Administration (NHTSA) and other, 

non-TTP, FHWA safety funds for 

highway safety projects: 

(a) FHWA provides safety funds to 

BIA under 23 U.S.C. 402. BIA annually 

solicits proposals from tribes for use of 

these funds. Proposals are processed 

under 25 CFR part 181. Tribes may 

request an ISDEAA contract or 

agreement, or other appropriate 

agreement for these projects. 

(b) FHWA provides funds to the 

States under 23 U.S.C. 402 and 405. 

States annually solicit proposals from 

tribes and local governments. Tribes 

seeking to obtain funding from the 

States under these programs should 

contact the State directly to determine 

eligibility, contracting opportunities, 

funding mechanisms and project 

administration requirements. 

Transit Facilities 

§ 170.131 How do tribes identify transit 

needs? 

Tribes identify transit needs during 

the tribal transportation planning 

process (see subpart D of this part). 

Transit projects using TTP funds must 

be included in the FHWA-approved 

TTPTIP. 

§ 170.132 What Federal funds are available 

for a tribe’s transit program? 

Title 23 U.S.C. authorizes use of TTP 

funds for transit facilities as defined in 

this part. There are many additional 

sources of Federal funds for tribal 

transit programs, including the Federal 

programs listed in this section. Note that 

each program has its own terms and 

conditions of assistance. For further 

information on these programs and their 

use for transit, contact the FTA Regional 

Transit Assistance Program at 

www.nationalrtap.org. 

(a) Department of Transportation: 

Formula Grants for Public 

Transportation on Indian Reservations 

under 49 U.S.C. 5311. 

(b) Department of Agriculture: 

Community facilities loans; rural 

development loans; business and 

industrial loans; rural enterprise grants; 

commerce, public works and economic 

development grants; and economic 

adjustment assistance. 

(c) Department of Housing and Urban 

Development: Community development 

block grants, supportive housing, tribal 

housing loan guarantees, resident 

opportunity and support services. 

(d) Department of Labor: Native 

American employment and training, 

welfare-to-work grants. 

(e) Department of Transportation: 

Welfare-to-Work, Tribal Transportation 

Program, transportation and community 

and systems preservation, Federal 

transit capital improvement grants, 

public transportation for non-urbanized 

areas, capital assistance for elderly and 

disabilities transportation, education, 

and Even Start. 

(f) Department of Health and Human 

Services: Programs for Native American 

elders, community service block grants, 

job opportunities for low-income 

individuals, Head Start (capital or 

operating), administration for Native 

Americans programs, Medicaid, HIV 

Care Grants, Healthy Start, and the 

Indian Health Service. 

§ 170.133 May a tribe or BIA use TTP funds 

as matching funds? 

TTP funds may be used to meet 

matching or cost participation 

requirements for any Federal or nonFederal transit grant or program. 

§ 170.134 What transit facilities and 

activities are eligible for TTP funding? 

Transit facilities and activities eligible 

for TTP funding include, but are not 

limited to: 

(a) Acquiring, constructing, operating, 

supervising or inspecting new, used or 

refurbished equipment, buildings, 

facilities, buses, vans, water craft, and 

other vehicles for use in public 

transportation; 

(b) Transit-related intelligent 

transportation systems; 

(c) Rehabilitating, remanufacturing, 

and overhauling a transit vehicle; 

(d) Preventive maintenance; 

(e) Leasing transit vehicles, 

equipment, buildings, and facilities for 

use in mass transportation; 

(f) Third-party contracts for otherwise 

eligible transit facilities and activities; 

(g) Public transportation 

improvements that enhance economic 

and community development, such as 

bus shelters in shopping centers, 

parking lots, pedestrian improvements, 

and support facilities that incorporate 

other community services; 

(h) Passenger shelters, bus stop signs, 

and similar passenger amenities; 

(i) Introduction of new public 

transportation technology; 

(j) Provision of fixed route, demand 

response services, and non-fixed route 

paratransit transportation services 

(excluding operating costs) to enhance 

access for persons with disabilities; 

(k) Radio and communication 

equipment to support tribal transit 

programs; 

(l) Transit; and 

(m) Any additional activities 

authorized by 49 U.S.C. 5311. 

TTP Coordinating Committee 

§ 170.135 What is the TTP Coordinating 

Committee? 

(a) Under this part, the Secretaries 

will establish a TTP Coordinating 

Committee that: 

(1) Provides input and 

recommendations to BIA and FHWA in 

developing TTP regulations, policies 

and procedures; and 

(2) Supplements government-togovernment consultation by 

coordinating with and obtaining input 

from tribes, BIA, and FHWA. 

(b) The Committee consists of 24 

tribal regional representatives (two from 

each BIA Region) and two non-voting 

Federal representatives (FHWA and 

BIA). 

(c) The Secretary must select the 

regional tribal representatives from 

nominees officially submitted by the 

region’s tribes. 

(1) To the extent possible, the 

Secretary must make the selection so 

that there is representation from a broad 

cross-section of large, medium, and 

small tribes. 

(2) Tribal nominees must be tribal 

governmental officials or tribal 

employees with authority to act for the 

tribal government. 

(d) For purposes of continuity, the 

Secretary will appoint tribal 

representatives from each BIA region to 

3-year terms in a manner that only onethird of the tribal representatives change 

every year. 

(e) The Secretary will provide 

guidance regarding replacement of 

representatives should the need arise. 

§ 170.136 What are the TTP Coordinating 

Committee’s responsibilities? 

(a) Committee responsibilities are to 

provide input and recommendations to 

BIA and FHWA during the development 

or revision of: 

(1) BIA/FHWA TTP Stewardship 

Plan; 

(2) TTP policy and procedures; 

(3) TTP eligible activities 

determination; 

(4) TTP transit policy; 

(5) TTP regulations; 

(6) TTP management systems policy 

and procedures; and 

(7) National tribal transportation 

needs. 


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(b) The Committee may establish 

work groups to carry out its 

responsibilities. 

(c) The Committee also reviews and 

provides recommendations on TTP 

national concerns (including the 

implementation of this part) brought to 

its attention. 

(d) Committee members are 

responsible for disseminating TTP 

Coordinating Committee information 

and activities to tribes within their 

respective BIA Regions. 

§ 170.137 How does the TTP Coordinating 

Committee conduct business? 

The Committee holds at least two 

meetings a year. In order to maximize 

participation by the tribal public, the 

Committee shall submit to the Secretary 

its proposed meeting dates and 

locations for each fiscal year no later 

than October 1st. Subject to approval by 

the Secretary, additional Committee 

meetings may be called with the consent 

of one-third of the Committee members, 

or by BIA or FHWA. The Committee 

conducts business at its meetings as 

follows: 

(a) A quorum consists of 

representation from eight BIA Regions. 

(b) The Committee will operate by 

consensus or majority vote, as 

determined by the Committee in its 

protocols. 

(c) Any Committee member can 

submit an agenda item to the Chair. 

(d) The Committee will work through 

a committee-approved annual work plan 

and budget. 

(e) Annually, the Committee must 

elect from among the Committee 

membership a Chair, a Vice-Chair, and 

other officers. These officers will be 

responsible for preparing for and 

conducting Committee meetings and 

summarizing meeting results. These 

officers will also have other duties that 

the Committee may prescribe. 

(f) The Committee must keep the 

Secretary and the tribes informed 

through an annual accomplishment 

report provided within 90 days after the 

end of each fiscal year. 

(g) The Committee’s budget will be 

funded through the TTP management 

and oversight funds, not to exceed 

$150,000 annually. 

Tribal Technical Assistance Centers 

§ 170.138 What are Tribal Technical 

Assistance Centers? 

Tribal Technical Assistance Centers 

(TTAC), which are also referred to as 

Tribal Technical Assistance Program 

Centers are authorized under 23 U.S.C. 

504(b)(3). The centers assist tribal 

governments and other TTP participants 

in extending their technical capabilities 

by providing them greater access to 

transportation technology, training, and 

research opportunities. Complete 

information about the centers and the 

services they offer is available on at 

http://ltap.org/about/ttap.php. 

Appendix to Subpart B—Items for 

Which TTP Funds May Be Used 

TTP funds must be used to pay the cost of 

those items identified in 23 U.S.C. 202(a)(1), 

including: 

(a) TTP funds can be used for the following 

planning and design activities: 

(1) Planning and design of Tribal 

Transportation Facilities. 

(2) Transportation planning activities, 

including planning for tourism and 

recreational travel. 

(3) Development, establishment, and 

implementation of tribal transportation 

management systems such as safety, bridge, 

pavement, and congestion management. 

(4) Tribal transportation plans and 

transportation improvement programs (TIPS). 

(5) Coordinated technology 

implementation program (CTIP) projects. 

(6) Traffic engineering and studies. 

(7) Identification and evaluation of 

accident prone locations. 

(8) Tribal transportation standards. 

(9) Preliminary engineering studies. 

(10) Interagency program/project 

formulation, coordination and review. 

(11) Environmental studies and 

archeological investigations directly related 

to transportation programs and projects. 

(12) Costs associated with obtaining 

permits and/or complying with tribal, 

Federal, State, and local environmental, 

archeological and natural resources 

regulations and standards. 

(13) Development of natural habitat and 

wetland conservation and mitigation plans, 

including plans authorized under the Water 

Resources Development Act of 1990, 104 

Stat. 4604 (Water Resources Development 

Act). 

(14) Architectural and landscape 

engineering services related to transportation 

programs. 

(15) Engineering design related to 

transportation programs, including 

permitting activities. 

(16) Inspection of bridges and structures. 

(17) Tribal Transportation Assistance 

Centers (TTACs). 

(18) Safety planning, programming, studies 

and activities. 

(19) Tribal employment rights ordinance 

(TERO) fees. 

(20) Purchase or lease of advanced 

technological devices used for transportation 

planning and design activities such as global 

positioning units, portable weigh-in-motion 

systems, hand held data collection units, 

related hardware and software, etc. 

(21) Planning, design and coordination for 

Innovative Readiness Training projects. 

(22) Transportation planning and project 

development activities associated with 

border crossings on or affecting tribal lands. 

(23) Public meetings and public 

involvement activities. 

(24) Leasing or rental of equipment used in 

transportation planning or design programs. 

(25) Transportation-related technology 

transfer activities and programs. 

(26) Educational activities related to 

bicycle safety. 

(27) Planning and design of mitigation of 

damage to wildlife, habitat, and ecosystems 

caused by a transportation project. 

(28) Evaluation of community impacts 

such as land use, mobility, access, social, 

safety, psychological, displacement, 

economic, and aesthetic impacts. 

(29) Acquisition of land and interests in 

land required for right-of-way, including 

control of access thereto from adjoining 

lands, the cost of appraisals, cost of surveys, 

cost of examination and abstract of title, the 

cost of certificate of title, advertising costs, 

and any fees incidental to such acquisition. 

(30) Cost associated with relocation 

activities including financial assistance for 

displaced businesses or persons and other 

activities as authorized by law. 

(31) On the job education including 

classroom instruction and pre-apprentice 

training activities related to transportation 

planning and design. 

(32) Other eligible activities as approved by 

FHWA. 

(33) Any additional activities identified by 

TTP Coordinating Committee guidance and 

approved by the appropriate Secretary (see 

§ 170.136). 

(34) Indirect general and administrative 

costs; and 

(35) Other eligible activities described in 

this part. 

(b) TTP funds can be used for the following 

construction and improvement activities: 

(1) Construction, reconstruction, 

rehabilitation, resurfacing, restoration, and 

operational improvements for tribal 

transportation facilities. 

(2) Construction or improvement of tribal 

transportation facilities necessary to 

accommodate other transportation modes. 

(3) Construction of toll roads, highway 

bridges and tunnels, and toll and non-toll 

ferry boats and terminal facilities, and 

approaches thereto (except when on the 

Interstate System) to the extent permitted 

under 23 U.S.C. 129. 

(4) Construction of projects for the 

elimination of hazards at railway-highway 

crossings, including the separation or 

protection of grades at crossings, the 

reconstruction of existing railroad grade 

crossing structures, and the relocation of 

highways to eliminate grade crossings. 

(5) Installation of protective devices at 

railway-highway crossings. 

(6) Transit facilities, whether publicly or 

privately owned, that serve Indian 

reservations and other communities or that 

provide access to or are located within an 

Indian reservation or community (see 

§§ 170.131 through 170.134 for additional 

information). 

(7) Engineered pavement overlays that add 

to the structural value and design life or 

increase the skid resistance of the pavement. 

(8) Tribally-owned, post-secondary 

vocational school transportation facilities. 

(9) Road sealing. 

(10) The placement of a double bituminous 

surface and chip seals during the 

construction of an approved project (as the 


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non-final course) or that form the final 

surface of low volume roads. 

(11) Seismic retrofit, replacement, 

rehabilitation, and painting of road bridges. 

(12) Application of calcium magnesium 

acetate, sodium acetate/formate, or other 

environmentally acceptable, minimally 

corrosive anti-icing and de-icing 

compositions on road bridges, and 

approaches thereto and other elevated 

structures. 

(13) Installation of scour countermeasures 

for road bridges and other elevated 

structures. 

(14) Special pedestrian facilities built in 

lieu of streets or roads, where standard street 

or road construction is not feasible. 

(15) Standard regulatory, warning, guide, 

and other official traffic signs, including dual 

language signs, which comply with the 

MUTCD that are part of transportation 

projects. TTP funds may also be used on 

interpretive signs (signs intended for viewing 

only by pedestrians, bicyclists, and 

occupants of vehicles parked out of the flow 

of traffic) that are culturally relevant (native 

language, symbols, etc.) that are a part of 

transportation projects. 

(16) Traffic barriers and bridge rails. 

(17) Engineered spot safety improvements. 

(18) Planning and development of rest 

areas, recreational trails, parking areas, 

sanitary facilities, water facilities, and other 

facilities that accommodate the traveling 

public. 

(19) Public approach roads and interchange 

ramps that meet the definition of a Tribal 

Transportation Facility. 

(20) Construction of roadway lighting and 

traffic signals. 

(21) Adjustment or relocation of utilities 

directly related to roadway work, not 

required to be paid for by local utility 

companies. 

(22) Conduits crossing under the roadway 

to accommodate utilities that are part of 

future development plans. 

(23) Restoration of borrow and gravel pits 

created by projects funded from the TTP. 

(24) Force account and day labor work, 

including materials and equipment rental, 

being performed in accordance with 

approved plans and specifications. 

(25) Experimental features where there is a 

planned monitoring and evaluation schedule. 

(26) Capital and operating costs for traffic 

monitoring, management, and control 

facilities and programs. 

(27) Safely accommodating the passage of 

vehicular and pedestrian traffic through 

construction zones. 

(28) Construction engineering including 

contract/project administration, inspection, 

and testing. 

(29) Construction of temporary and 

permanent erosion control, including 

landscaping and seeding of cuts and 

embankments. 

(30) Landscape and roadside development 

features. 

(31) Marine facilities and terminals as 

intermodal linkages. 

(32) Construction of visitor information 

centers, kiosks, and related items. 

(33) Other appropriate public road 

facilities such as visitor centers as 

determined by the Secretary of 

Transportation. 

(34) Facilities adjacent to roadways to 

separate pedestrians and bicyclists from 

vehicular traffic for operational safety 

purposes, or special trails on separate rightsof-way. 

(35) Construction of pedestrian walkways 

and bicycle transportation facilities, such as 

a new or improved lane, path, or shoulder for 

use by bicyclists and a traffic control device, 

shelter, or parking facility for bicycles. 

(36) Facilities adjacent to roadways to 

separate modes of traffic for safety purposes. 

(37) Acquisition of scenic easements and 

scenic or historic sites provided they are part 

of an approved project or projects. 

(38) Debt service on bonds or other debt 

financing instruments issued to finance TTP 

construction and project support activities. 

(39) Any project to encourage the use of 

carpools and vanpools, including provision 

of carpooling opportunities to the elderly and 

individuals with disabilities, systems for 

locating potential riders and informing them 

of carpool opportunities, acquiring vehicles 

for carpool use, designating existing highway 

lanes as preferential carpool highway lanes, 

providing related traffic control devices, and 

designating existing facilities for use for 

preferential parking for carpools. 

(40) Fringe and corridor parking facilities 

including access roads, buildings, structures, 

equipment improvements, and interests in 

land. 

(41) Adjacent public parking areas. 

(42) Costs associated with obtaining 

permits and/or complying with tribal, 

Federal, state, and local environmental, 

archeological, and natural resources 

regulations and standards on TTP projects. 

(43) Seasonal transportation routes, 

including snowmobile trails, ice roads, 

overland winter roads, and trail markings. 

(See § 170.117.) 

(44) Tribal fees such as employment taxes 

(TERO), assessments, licensing fees, permits, 

and other regulatory fees. 

(45) On the job education including 

classroom instruction and pre-apprentice 

training activities related to TTP construction 

projects such as equipment operations, 

surveying, construction monitoring, testing, 

inspection and project management. 

(46) Installation of advance technological 

devices on TTP transportation facilities such 

as permanent weigh-in-motion systems, 

informational signs, intelligent transportation 

system hardware, etc. 

(47) Tribal, cultural, historical, and natural 

resource monitoring, management and 

mitigation for transportation related 

activities. 

(48) Mitigation activities required by tribal, 

state, or Federal regulatory agencies and 42 

U.S.C. 4321, et seq., the National 

Environmental Policy Act (NEPA). 

(49) Purchasing, leasing or renting of 

construction equipment. All equipment 

purchase request submittals must be 

accompanied by written cost analysis and 

approved by FHWA. 

(50) Coordination and construction 

materials for innovative readiness training 

projects such as the Department of Defense 

(DOD), the American Red Cross, the Federal 

Emergency Management Agency (FEMA), 

other cooperating Federal agencies, states 

and their political subdivisions, Tribal 

governments, or other appropriate nongovernmental organizations. 

(51) Emergency repairs on tribal 

transportation facilities. 

(52) Public meetings and public 

involvement activities. 

(53) Construction of roads on dams and 

levees. 

(54) Transportation alternative activities as 

defined in 23 U.S.C. 101(a). 

(55) Modification of public sidewalks 

adjacent to or within tribal transportation 

facilities. 

(56) Highway and transit safety 

infrastructure improvements and hazard 

eliminations. 

(57) Transportation control measures such 

as employer-based transportation 

management plans, including incentives, 

shared-ride services, employer sponsored 

programs to permit flexible work schedules 

and other activities, other than clause (xvi) 

listed in section 108(f)(1)(A) of the Clean Air 

Act, (42 U.S.C. 7408(f)(1)(A)). 

(58) Necessary environmental restoration 

and pollution abatement. 

(59) Trail development and related 

activities as identified in §§ 170.123 through 

170.126. 

(60) Development of scenic overlooks and 

information centers. 

(61) Natural habitat and wetlands 

mitigation efforts related to TTP road and 

bridge projects, including: 

(i) Participation in natural habitat and 

wetland mitigation banks, including banks 

authorized under the Water Resources 

Development Act, and 

(ii) Contributions to tribal, statewide and 

regional efforts to conserve, restore, enhance, 

and create natural habitats and wetland, 

including efforts authorized under the Water 

Resources Development Act. 

(62) Mitigation of damage to wildlife, 

habitat and ecosystems caused as a result of 

a transportation project. 

(63) Construction of permanent fixed or 

moveable structures for snow or sand control. 

(64) Cultural access roads (see § 170.115). 

(65) Other eligible items as approved by 

the Federal Highway Administration 

(FHWA). 

(66) Any additional activities proposed by 

a Tribe or the TTP Coordinating Committee 

and approved by the appropriate Secretary 

(see §§ 170.113 and 170.136). 

(67) Other eligible activities identified in 

this part. 

(c) TTP funds can be used for maintenance 

activities as defined in Subpart G of this 

regulation. 

(d) Each of the items identified in this 

appendix must be interpreted in a manner 

that permits, rather than prohibits, a 

proposed use of funds. 

Subpart C—Tribal Transportation 

Program Funding 

§ 170.200 How do BIA and FHWA 

determine the TTP funding amount? 

The annual TTP funding amount 

available for distribution is determined 

as follows: 


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(a) The following set-asides are 

applied to the tribal transportation 

program before the determination of 

final tribal shares: 

(1) Tribal transportation planning (23 

U.S.C. 202(c)); 

(2) Tribal transportation facility 

bridges (23 U.S.C. 202(d)); 

(3) Tribal safety (23 U.S.C. 202(e)); 

(4) Administrative expenses (23 

U.S.C. 202(a)(6)); and 

(5) Tribal supplemental program (23 

U.S.C. 202(b)(3)(C)). 

(b) After deducting the set asides 

identified in paragraph (a) of this 

section, on October 1 of each fiscal year, 

the Secretary will distribute the 

remainder authorized to be appropriated 

for the tribal transportation program 

among Indian tribes as follows: 

(1) For fiscal year 2014: 

(i) For each Indian tribe, 60 percent of 

the total relative need distribution factor 

and population adjustment factor for the 

fiscal year 2011 funding amount made 

available to that Indian tribe; and 

(ii) The remainder using tribal shares 

as described in § 170.201 and tribal 

supplemental funding as described in 

§ 170.202. 

(2) For fiscal year 2015: 

(i) For each Indian tribe, 40 percent of 

the total relative need distribution factor 

and population adjustment factor for the 

fiscal year 2011 funding amount made 

available to that Indian tribe; and 

(ii) The remainder using tribal shares 

as described in § 170.201 and tribal 

supplemental funding as described in 

§ 170.202. 

(3) For fiscal year 2016 and thereafter: 

(i) For each Indian tribe, 20 percent of 

the total relative need distribution factor 

and population adjustment factor for the 

fiscal year 2011 funding amount made 

available to that Indian tribe; and 

(ii) The remainder using tribal shares 

as described in § 170.201 and tribal 

supplemental funding as described in 

§ 170.202. 

§ 170.201 What is the statutory distribution 

formula for tribal shares? 

(a) Tribal shares are determined by 

using the national tribal transportation 

inventory as calculated for fiscal year 

2012, and the most recent data on 

American Indian and Alaska Native 

population within each Indian tribe’s 

American Indian/Alaska Native 

Reservation or Statistical Area, as 

computed under the Native American 

Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 

4101 et seq.), in the following manner: 

(1) 27 percent in the ratio that the 

total eligible road mileage in each tribe 

bears to the total eligible road mileage 

of all American Indians and Alaskan 

Natives. For the purposes of this 

calculation, eligible road mileage will be 

computed using only facilities included 

in the inventory described below: 

(i) Were included in the Bureau of 

Indian Affairs system inventory prior to 

October 1, 2004; 

(ii) Are owned by an Indian tribal 

government; 

(iii) Are owned by the Bureau of 

Indian Affairs. 

(2) 39 percent in the ratio that the 

total population in each tribe bears to 

the total population of all American 

Indians and Alaskan Natives; and 

(3) 34 percent will be initially divided 

equally among each BIA Region. 

(b) The share of funds will be 

distributed to each Indian tribe within 

the region in the ratio that the average 

total relative need distribution factors 

and population adjustment factors from 

fiscal years 2005 through 2011 for a 

tribe bears to the average total of relative 

need distribution factors and population 

adjustment factors for fiscal years 2005 

through 2011 in that region. 

§ 170.202 How do BIA and FHWA 

determine and distribute the tribal 

supplemental program funds? 

(a) The total amount of funding made 

available for the tribal supplemental 

program is determined as follows: 

(1) If the amount made available for 

the tribal transportation program is less 

than or equal to $275,000,000, the tribal 

supplemental funding amount will 

equal 30 percent of such amount. 

(2) If the amount made available for 

the tribal transportation program 

exceeds $275,000,000, the tribal 

supplemental funding will equal: 

(i) $82,500,000; plus 

(ii) 12.5 percent of the amount made 

available for the tribal transportation 

program in excess of $275,000,000. 

(b) The tribal supplemental program 

funds will be distributed as follows: 

(1) Initially, the tribal supplemental 

program funding determined in 

paragraph (a) of this section will be 

designated among the BIA Regions in 

proportion to the regional total of tribal 

shares based on the cumulative tribal 

shares of all Indian tribes within the 

region under § 170.201. 

(2) After paragraph (b)(1) of this 

section is completed, the tribal 

supplemental program funding 

designated for each region will be 

distributed among the tribes within the 

region as follows: 

(i) The Secretary will determine 

which tribes would be entitled under 

§ 170.200 to receive in a fiscal year less 

funding than they would receive in 

fiscal year 2011 pursuant to the relative 

need distribution factor and population 

adjustment factor, as described in 25 

CFR part 170, subpart C (in effect as of 

July 5, 2012); and 

(ii) The combined amount that such 

Indian tribes would be entitled to 

receive in fiscal year 2011 pursuant to 

such relative need distribution factor 

and population adjustment factor in 

excess of the amount that they would be 

entitled to receive in the fiscal year 

under § 170.200. 

(c) Subject to paragraph (d) of this 

section, the Secretary will distribute a 

combined amount to each tribe that 

meets the criteria described in 

paragraph (b)(2)(i) of this section a share 

of funding in proportion to the share of 

the combined amount determined under 

paragraph (b)(2)(ii) of this section 

attributable to such Indian tribe. 

(d) A tribe may not receive under 

paragraph (b)(2) of this section and 

based on its tribal share under § 170.200 

a combined amount that exceeds the 

amount that such Indian tribe would be 

entitled to receive in fiscal year 2011 

pursuant to the relative need 

distribution factor and population 

adjustment factor, as described in 25 

CFR part 170, subpart C. 

(e) If the amount made available for a 

region under paragraph (b)(1) of this 

section exceeds the amount distributed 

among Indian tribes within that region 

under paragraph (b)(2) of this section, 

The Secretary will distribute the 

remainder of such region’s funding 

under paragraph (b)(1) of this section 

among all tribes in that region in 

proportion to the combined amount that 

each such tribe received under 

§ 170.200 and paragraphs (b), (c), and 

(d) of this section. 

§ 170.203 How do BIA and FHWA allocate 

tribal transportation planning funds? 

Upon request of a tribal government 

and approval by the BIA Regional Office 

or FHWA, BIA or FHWA provides tribal 

transportation planning funds described 

in § 170.200(a)(1) pro rata to the tribe’s 

final percentage as determined under 

§§ 170.200 through 170.202. The tribal 

transportation planning funds will be 

distributed to the tribes under 

applicable BIA and FHWA contracting 

procedures. 

§ 170.204 What restrictions apply to TTP 

funds provided to tribes? 

All TTP funds provided to tribes can 

be expended only on eligible activities 

identified in Appendix A to Subpart B, 

and included in an FHWA approved TIP 

per 23 U.S.C. 202(b)(4)(B). 

§ 170.205 What is the timeframe for 

distributing TTP funds? 

Not later than 30 days after the date 

on which funds are made available to 


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the Secretary under this paragraph, the 

funds will be distributed to, and made 

available for immediate use by, eligible 

Indian tribes, in accordance with the 

formula for distribution of funds under 

the tribal transportation program. (See 

23 U.S.C. 202(b)(4)(A).) 

TTP Inventory and Long-Range 

Transportation Plan 

§ 170.225 How does a long-range 

transportation plan relate to the National 

Tribal Transportation Inventory? 

A long-range transportation plan 

(LRTP) is developed using a uniform 

process that identifies the transportation 

needs and priorities of a tribe. The 

National Tribal Transportation 

Inventory 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 and the Tribal 

High Priority Projects Program (THPPP) 

described in Subpart I. 

Formula Data Appeals 

§ 170.226 How can a tribe appeal its share 

calculation? 

(a) In calculating tribal shares, BIA 

and FHWA use population data (which 

may be appealed) and specific prioryear data (which may not be appealed). 

Share calculations are based upon the 

requirements of 23 U.S.C. 202(b)(3)(B). 

(b) Any appeal of a tribe’s population 

figure must be directed to Department of 

Housing and Urban Development. The 

population data used is the most recent 

data on American Indian and Alaska 

Native population within each Indian 

Tribe’s American Indian/Alaska Native 

Reservation or Statistical Area. This 

data is computed under the Native 

American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 

4101 et seq.). 

(b) Appeal processes regarding 

inventory submissions are found at 

§ 170.444(c), design standards at 

§ 170.457, and new uses of funds at 

§ 170.113. 

Flexible Financing 

§ 170.227 Can tribes use flexible financing 

for TTP projects? 

Yes. Tribes may use flexible financing 

in the same manner as States to finance 

TTP transportation projects, unless 

otherwise prohibited by law. 

(a) Tribes may issue bonds or enter 

into other debt-financing instruments 

under 23 U.S.C. 122 with the 

expectation of payment of TTP funds to 

satisfy the instruments. 

(b) Under 23 U.S.C. 603, the Secretary 

of Transportation may enter into an 

agreement for secured loans or lines of 

credit for TTP projects meeting the 

requirements contained in 23 U.S.C. 

602. Tribes or BIA may service Federal 

credit instruments. The secured loans or 

lines of credit must be paid from tolls, 

user fees, payments owing to the obligor 

under a public-private partnership or 

other dedicated revenue sources. 

(c) Tribes may use TTP funds as 

collateral for loans or bonds to finance 

TTP projects. Upon the request of a 

tribe, a BIA region or FHWA will 

provide necessary documentation to 

banks and other financial institutions. 

§ 170.228 Can a tribe use TTP funds to 

leverage other funds or to pay back loans? 

(a) A tribe can use TTP funds to 

leverage other funds. 

(b) A tribe can use TTP funds to pay 

back loans or other finance instruments 

that were used for a project that: 

(1) The tribe paid for in advance of 

the current year using non-TTP funds; 

(2) Was included in FHWA-approved 

TTPTIP; and 

(3) Was included in the NTTFI at the 

time of construction. 

§ 170.229 Can a tribe apply for loans or 

credit from a State infrastructure bank? 

Yes. A tribe can apply for loans or 

credit from a State infrastructure bank. 

Upon the request of a tribe, BIA region 

or FHWA will provide necessary 

documentation to a State infrastructure 

bank to facilitate obtaining loans and 

other forms of credit for a TTP project. 

§ 170.230 How long must a project 

financed through flexible financing remain 

on a TTPTIP? 

Tribes must identify each TTP project 

financed through flexible financing 

along with the repayment amount on 

their annual TTPTIP until the flexible 

financing instrument has been satisfied. 

Subpart D—Planning, Design, and 

Construction of Tribal Transportation 

Program Facilities 

Transportation Planning 

§ 170.400 What is the purpose of 

transportation planning? 

The purpose of transportation 

planning is to address current and 

future transportation, land use, 

economic development, traffic demand, 

public safety, health, and social needs. 

§ 170.401 What are BIA’s and FHWA’s 

roles in transportation planning? 

Except as provided in § 170.402, the 

functions and activities that BIA and/or 

FHWA must perform for the TTP are: 

(a) Preparing, reviewing, and 

approving the TTPTIP; 

(b) Oversight of the NTTFI; 

(c) Performing quality assurance and 

validation of NTTFI data updates as 

needed; 

(d) Coordinating with States and their 

political subdivisions, and appropriate 

planning authorities on regionally 

significant TTP projects; 

(e) Providing technical assistance to 

tribal governments; 

(f) Developing TTP budgets; 

(g) Facilitating public involvement; 

(h) Participating in transportation 

planning and other transportationrelated meetings; 

(i) Performing quality assurance and 

validation related to performing traffic 

studies; 

(j) Performing preliminary project 

planning or project identification 

studies; 

(k) Conducting special transportation 

studies; 

(l) Developing short and long-range 

transportation plans; 

(m) Mapping; 

(n) Developing and maintaining 

management systems; 

(o) Performing transportation 

planning for operational and 

maintenance facilities; and 

(p) Researching rights-of-way 

documents for project planning. 

§ 170.402 What is the tribal role in 

transportation planning? 

(a) All tribes must prepare a tribal TIP 

(TTIP) or tribal priority list. 

(b) Tribes operating with a Program 

Agreement or BIA self-determination 

contract, TTP Agreement, or SelfGovernance agreement may assume any 

of the following planning functions: 

(1) Coordinating with States and their 

political subdivisions, and appropriate 

planning authorities on regionally 

significant TTP projects; 

(2) Preparing NTTFI data updates; 

(3) Facilitating public involvement; 

(4) Performing traffic studies; 

(5) Developing short- and long-range 

transportation plans; 

(6) Mapping; 

(7) Developing and maintaining tribal 

management systems; 

(8) Participating in transportation 

planning and other transportation 

related meetings; 

(9) Performing transportation 

planning for operational and 

maintenance facilities; 

(10) Developing TTP budgets 

including transportation planning cost 

estimates; 

(11) Conducting special transportation 

studies, as appropriate; 

(12) Researching rights-of-way 

documents for project planning; and 

(13) Performing preliminary project 

planning or project identification 

studies. 


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§ 170.403 What TTP funds can be used for 

transportation planning? 

Funds as defined in 23 U.S.C. 202(c) 

are allocated to an Indian tribal 

government to carry out transportation 

planning. Tribes may also identify 

transportation planning as a priority use 

for their TTP tribal share formula funds. 

In both cases, the fund source and use 

must be clearly identified on a FHWA 

approved TTPTIP. 

§ 170.404 Can tribes use transportation 

planning funds for other activities? 

Yes. After completion of a tribe’s 

annual planning activities, unexpended 

planning funds made available under 23 

U.S.C. 202 (c) may be used on eligible 

projects or activities provided that they 

are identified on a FHWA approved 

TTPTIP. 

§ 170.405 How must tribes use planning 

funds? 

TTP Program funds as defined in 23 

U.S.C. 202(c) are available to a tribal 

government to support tribal 

transportation planning and associated 

activities, including: 

(a) Attending transportation planning 

meetings; 

(b) Pursuing other sources of funds; 

and 

(c) Developing the tribal priority list 

or any of the transportation planning 

functions and activities listed in 

§ 170.402. 

§§ 170.406—170.409 [Reserved] 

§ 170.410 What is the purpose of longrange transportation planning? 

(a) The purpose of long-range 

transportation planning is to clearly 

demonstrate a tribe’s transportation 

needs and to develop strategies to meet 

these needs. These strategies should 

address future land use, economic 

development, traffic demand, public 

safety, and health and social needs. The 

planning process should result in a 

long-range transportation plan (LRTP). 

(b) The time horizon for a LRTP 

should be 20 years to match State 

transportation planning horizons. 

§ 170.411 What should a long-range 

transportation plan include? 

A long-range transportation plan 

should include: 

(a) An evaluation of a full range of 

transportation modes and connections 

between modes such as highway, rail, 

air, and water, to meet transportation 

needs; 

(b) Trip generation studies, including 

determination of traffic generators due 

to land use; 

(c) Social and economic development 

planning to identify transportation 

improvements or needs to accommodate 

existing and proposed land use in a safe 

and economical fashion; 

(d) Measures that address health and 

safety concerns relating to 

transportation improvements; 

(e) A review of the existing and 

proposed transportation system to 

identify the relationships between 

transportation and the environment; 

(f) Cultural preservation planning to 

identify important issues and develop a 

transportation plan that is sensitive to 

tribal cultural preservation; 

(g) Scenic byway and tourism plans; 

(h) Measures that address energy 

conservation considerations; 

(i) A prioritized list of short- and longterm transportation needs; and 

(j) An analysis of funding alternatives 

to implement plan recommendations. 

§ 170.412 How is the tribal TTP long-range 

transportation plan developed and 

approved? 

(a) The tribal TTP long-range 

transportation plan is developed by 

either: 

(1) A tribe working through a selfdetermination contract, self-governance 

agreement, Program Agreement; and 

other appropriate agreement; or 

(2) BIA or FHWA upon request of, and 

in consultation with, a tribe. The tribe 

and BIA or FHWA need to agree on the 

methodology and elements included in 

development of the TTP long-range 

transportation plan along with time 

frames before work begins. The 

development of a long-range 

transportation plan on behalf of a tribe 

will be funded from the tribe’s share of 

the TTP program funds. 

(b) During the development of the 

TTP long-range transportation plan, the 

tribe and BIA or FHWA will jointly 

conduct a midpoint review. 

(c) The public reviews a draft TTP 

long-range transportation plan as 

required by § 170.413. The plan is 

further refined to address any issues 

identified during the public review 

process. The tribe then approves the 

TTP long-range transportation plan. 

§ 170.413 What is the public role in 

developing the long-range transportation 

plan? 

BIA, FHWA, or the tribe must solicit 

public involvement. If there are no tribal 

policies regarding public involvement, a 

tribe must use the procedures in this 

section. Public involvement begins at 

the same time long-range transportation 

planning begins and covers the range of 

users, from stakeholders and private 

citizens to major public and private 

entities. Public involvement must 

include either meetings or notices, or 

both. 

(a) For public meetings, BIA, FHWA 

or a tribe must: 

(1) Advertise each public meeting in 

local public newspapers at least 15 days 

before the meeting date. In the absence 

of local public newspapers, BIA, FHWA, 

or the tribe may post notices under local 

acceptable practices; 

(2) Provide at the meeting copies of 

the draft long-range transportation plan; 

(3) Provide information on funding 

and the planning process; and 

(4) Provide the public the opportunity 

to comment, either orally or in writing. 

(b) For public notices, BIA, FHWA, or 

a tribe must: 

(1) Publish a notice in the local and 

tribal newspapers when the draft longrange transportation plan is complete. In 

the absence of local public newspapers, 

BIA, FHWA, or the tribe may post 

notices under local acceptable practices; 

and 

(2) State in the notice that the longrange transportation plan is available for 

review, where a copy can be obtained, 

whom to contact for questions, where 

comments may be submitted, and the 

deadline for submitting comments 

(normally 30 days). 

§ 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. To be 

consistent with State, MPO and RPO 

planning practices, the TTP long-range 

transportation plan must be reviewed 

annually and updated at least every 5 

years. 

§ 170.415 What are pre-project planning 

and project identification studies? 

(a) Pre-project planning and project 

identification studies are part of overall 

transportation planning and includes 

the activities conducted before final 

project approval on the TTP 

Transportation Improvement Program 

(TTPTIP). These processes provide the 

information necessary to financially 

constrain and program a project on the 

four-year TTPTIP but are not the final 

determination that projects will be 

designed and built. These activities 

include: 

(1) Preliminary project cost estimates; 

(2) Certification of public 

involvement; 

(3) Consultation and coordination 

with States and/or MPO’s for regionally 

significant projects; 

(4) Preliminary needs assessments; 

and 

(5) Preliminary environmental and 

archeological reviews. 


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(b) BIA and/or FHWA, upon request 

of the tribe, will work cooperatively 

with tribal, State, regional, and 

metropolitan transportation planning 

organizations concerning the leveraging 

of funds from non-TTP Program sources 

and identification of other funding 

sources to expedite the planning, 

design, and construction of projects on 

the TTPTIP. 

§ 170.420 What is the tribal priority list? 

The tribal priority list is a list of all 

transportation projects that the tribe 

wants funded. The list: 

(a) Is not financially constrained; and 

(b) Is provided to BIA or FHWA by 

official tribal action, unless the tribal 

government submits a Tribal 

Transportation Improvement Program 

(TTIP). 

Transportation Improvement Programs 

§ 170.421 What is the Tribal Transportation 

Improvement Program (TTIP)? 

The TTIP: 

(a) Is developed from the Tribe’s tribal 

priority list or long-range transportation 

plan and must be consistent with the 

tribal LRTP; 

(b) Is financially constrained; 

(c) Must contain all TTP-funded 

projects and eligible activities 

programmed in the next 4 years and 

identify the implementation year of 

each project or activity. Although 23 

U.S.C. 134(j)(1)(D) indicates that a TIP 

must be updated every four years, 

Tribes are encouraged to update the TIP 

annually to best represent the plans of 

the tribe; 

(d) May include other Federal, State, 

county, and municipal, transportation 

projects initiated by or developed in 

cooperation with the tribal government; 

(e) Must include public involvement; 

(f) Is reviewed and updated as 

necessary by the tribal government; 

(g) Can be changed only by the tribal 

government; and 

(h) After approval by the tribal 

government, must be forwarded to BIA 

or FHWA by resolution or by tribally 

authorized government action. 

§ 170.422 What is the TTP Transportation 

Improvement Program? 

(a) The TTP Transportation 

Improvement Program (TTPTIP): 

(1) Is financially constrained; 

(2) Includes eligible projects and 

activities selected by tribal governments 

from TTIPs or other tribal actions; 

(3) Is organized by year, State, and 

tribe; and 

(4) May include projects and activities 

predominately funded with other 

funding sources. In these cases all fund 

sources are to be identified on the 

TTPTIP. 

(b) When approved by FHWA, the 

TTPTIP authorizes the eligibility of 

projects or activities for expenditure of 

TTP funds. However, all other 

requirements associated with that 

project or activity must be satisfied 

before expenditure actually occurs. 

§ 170.423 How are projects placed on the 

TTPTIP? 

(a) BIA or FHWA coordinates with the 

tribe to select projects from the TTIP or 

tribal priority list for inclusion on the 4- 

year TTPTIP as follows: 

(1) Tribe, or tribe with assistance from 

BIA or FHWA, submits project and 

activity information as documented 

through pre-project planning or project 

identification studies within the 

financial constraints identified above), 

designating estimated dollar amounts 

for each project and activity. 

(2) Tribe submits a certification of 

public involvement back to BIA or 

FHWA along with a tribal resolution or 

tribal authorized government action 

requesting approval. 

(3) BIA/FHWA enters submitted data 

into the federal system developing the 

tribe’s proposed TTPTIP. 

(4) Proposed TTPTIP goes through 

BIA/FHWA approval process. Before 

approving a project on a non-BIA or 

non-tribal road that is eligible for funds 

apportioned in a State under 23 U.S.C. 

104, the Secretary will determine that 

the obligation of the TTP funds is in the 

best interest of the program and is 

supplementary to and not in lieu of the 

obligation of a fair and equitable share 

of the funds apportioned to the State 

under 23 U.S.C. 104. 

(5) A copy of the approved final 

TTPTIP is returned to Tribe. 

(b) A tribe that does not generate 

enough annual funding under the TTP 

Program funding formula to complete a 

project may either: 

(1) Enter a consortium of tribes and 

delegate authority to the consortium to 

develop the TTIP and tribal control 

schedule; 

(2) Enter into agreement with other 

tribes to permit completion of the 

project; or 

(3) Apply for TTPHPP funding under 

subpart I. 

(c) Tribes may seek flexible financing 

alternatives as described in subpart C. 

§ 170.424 How does the public participate 

in developing the TTPTIP? 

Public involvement is required in the 

development of the TTPTIP. 

(a) The tribe must publish a notice in 

local and/or tribal newspapers when the 

draft tribal or TTPTIP is complete. In 

the absence of local public newspapers, 

the tribe or BIA may post notices under 

local acceptable practices. The notice 

must indicate where a copy can be 

obtained, contact person for questions, 

where comments may be submitted, and 

the deadline for submitting comments. 

A copy of the notice will be made 

available to BIA or FHWA upon request. 

(b) The tribe may hold public 

meetings at which the public may 

comment orally or in writing. 

(c) The tribe, the State transportation 

department, or MPO may conduct 

public involvement activities. 

§ 170.425 How do BIA and FHWA conduct 

the annual update to the TTPTIP? 

(a) The TTPTIP annual update allows: 

(1) Changes to project schedules and 

amounts for projects and activities; and 

(2) Adding transportation projects and 

activities planned for the next 4 years. 

(b) During the first quarter of the fiscal 

year, tribes are notified of the annual 

update and provided with the estimated 

funding amounts for the next fiscal year, 

copies of the previous year TTPTIP, and 

instructions for submitting required 

data. 

(c) The tribe reviews any new 

transportation planning information, 

priority lists, and TTIP, using the 

procedures in § 170.423, and forwards 

the documentation to BIA Regional 

Office or FHWA. 

(d) BIA or FHWA review all 

submitted information with the tribes, 

and add agreed-upon updates, including 

all previously approved amendments 

(see § 170.427), to the TTPTIP so that 

the Secretaries can approve the new 

updated TTPTIP before the start of the 

next fiscal year. 

§ 170.426 How is the TTPTIP approved? 

The approval process for the TTPTIP 

is: 

(a) The BIA Regional Office and 

FHWA work together to review and 

concur on the TTPTIPs and then 

forward the documentation to the 

Secretaries for review and approval; 

(b) When approved, copies of the 

approved TTPTIP are made available to 

FHWA, BIA Regional Offices, and tribal 

governments. 

(c) FHWA provides copies of the 

approved TTPTIP to the FHWA division 

office for transmittal to the State 

transportation department for inclusion 

in the State Transportation 

Improvement Program (STIP) without 

further action. 

§ 170.427 How can a tribe amend an 

approved TTPTIP? 

(a) The current-year TTPTIP may be 

amended to reflect new proposed 

additional projects and activities or a 

significant change in available fiscal 


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year TTP funding. All tribal requests to 

BIA or FHWA for TTPTIP amendments 

must be accompanied by an amended 

TTIP and a tribal resolution or tribal 

authorized government action 

requesting the amendment. 

(b) BIA’s regional office or FHWA will 

review all submitted information with 

the tribe and provide a written response 

(approving, denying, or requesting 

additional information) within 45 days. 

If the proposed TTPTIP amendment 

contains a project not listed on the 

current approved TTPTIP, BIA must 

submit the proposed amendment to 

FHWA for final approval. 

(c) An amendment to a previously 

approved TTPTIP must use the same 

public involvement process that was 

used to develop the original TTPTIP. 

§ 170.428 How is the State Transportation 

Improvement Program related to the 

TTPTIP? 

FHWA will annually provide each 

State’s transportation department with 

the most current FHWA approved 

TTPTIP for the Tribes within that State. 

This will ensure that approved TTPTIP 

updates and amendments are included 

with the STIP. 

Public Hearings 

§ 170.435 When is a public hearing 

required? 

The tribe, or BIA or FHWA after 

consultation with the appropriate tribe 

and other involved agencies, determines 

whether or not a public hearing is 

needed for a TTPTIP, a long-range 

transportation plan, or a project. A 

public hearing must be held if a project: 

(a) Is a new route or facility; 

(b) Would significantly change the 

layout or function of connecting or 

related roads or streets; 

(c) Would cause a substantial adverse 

effect on adjacent property; or 

(d) Is controversial or expected to be 

controversial in nature. 

§ 170.436 How are public hearings for TTP 

planning and projects funded? 

Public hearings for a Tribe’s TTIP or 

long-range transportation plan are 

funded using the tribe’s funds as 

described in § 170.403. 

§ 170.437 If there is no hearing, how must 

BIA, FHWA, or a tribe inform the public? 

(a) When no public hearing for a TTP 

project is scheduled, the BIA, FHWA, or 

a Tribe must give adequate notice to the 

public before project activities are 

scheduled to begin. The notice should 

include: 

(1) Project location; 

(2) Type of improvement planned; 

(3) Dates and schedule for work; 

(4) Name and address where more 

information is available; and 

(5) Provisions for requesting a 

hearing. 

(b) If the work is not to be performed 

by the tribe, BIA will send a copy of the 

notice to the affected tribe. 

§ 170.438 How must BIA, FHWA, or a tribe 

inform the public of when a hearing is held? 

(a) When BIA, FHWA, or a tribe holds 

a hearing under this part, it must notify 

the public of the hearing by publishing 

a notice with information about the 

project, how to attend the hearing, and 

where copies of documents can be 

obtained or viewed. 

(b) BIA or the tribe must publish the 

notice by: 

(1) Posting the notice and publishing 

it in a newspaper of general circulation 

at least 30 days before the public 

hearing; and, 

(2) Sending a courtesy copy of the 

notice to each affected tribe and BIA 

Regional Office. 

(c) A second notice for a hearing is 

optional. 

§ 170.439 How is a public hearing 

conducted? 

(a) Presiding official. BIA or FHWA 

appoints a tribal or Federal official to 

preside over the public hearing. The 

presiding official must encourage a free 

and open discussion of the issues. 

(b) Record of hearing. The presiding 

official is responsible for compiling the 

official record of the hearing. A record 

of a hearing is a summary of oral 

testimony and all written statements 

submitted at the hearing. Additional 

written comments made or provided at 

the hearing, or within 5 working days of 

the hearing, will be made a part of the 

record. 

(c) Hearing process. (1) The presiding 

official explains the purpose of the 

hearing and provides an agenda; 

(2) The presiding official solicits 

public comments from the audience on 

the merits of TTP projects and activities; 

and 

(3) The presiding official informs the 

hearing audience of the appropriate 

procedures for a proposed TTP project 

or activity that may include, but are not 

limited to: 

(i) Project development activities; 

(ii) Rights-of-way acquisition; 

(iii) Environmental and archeological 

clearance; 

(iv) Relocation of utilities and 

relocation services; 

(v) Authorized payments under the 

Uniform Relocation Assistance and Real 

Property Acquisition Policies Act, 42 

U.S.C. 4601 et seq., as amended; 

(vi) Draft transportation plan; and 

(vii) The scope of the project and its 

effect on traffic during and after 

construction. 

(d) Availability of information. 

Appropriate maps, plats, project plans, 

and specifications will be available at 

the hearing for public review. 

Appropriate officials must be present to 

answer questions. 

(e) Opportunity for comment. 

Comments are received as follows: 

(1) Oral statements at the hearing; 

(2) Written statements submitted at 

the hearing; and 

(3) Written statements sent to the 

address noted in the hearing notice 

within 5 working days following the 

public hearing. 

§ 170.440 How can the public learn the 

results of a public hearing? 

Within 20 working days after the 

public hearing, the presiding official 

will issue and post at the hearing site a 

statement that: 

(a) Summarizes the results of the 

hearing; 

(b) Explains any needed further 

action; 

(c) Explains how the public may 

request a copy; and 

(d) Outlines appeal procedures. 

§ 170.441 Can a decision resulting from a 

hearing be appealed? 

Yes. A decision resulting from the 

public hearing may be appealed under 

25 CFR part 2. 

TTP Facility Inventory 

§ 170.442 What is the National Tribal 

Transportation Facility Inventory? 

(a) The National Tribal Transportation 

Facility Inventory (NTTFI), is defined 

under § 170.5 of this part. 

(b) BIA, FHWA, or tribes can also use 

the NTTFI to assist in transportation 

and project planning, justify 

expenditures, identify transportation 

needs, maintain existing TTP facilities, 

and develop management systems. 

(c) The Secretaries may include 

additional transportation facilities in the 

NTTFI if the additional facilities are 

included in a uniform and consistent 

manner nationally. 

(d) As required by 23 U.S.C. 144, all 

bridges in the NTTFI will be inspected 

and recorded in the national bridge 

inventory administered by the Secretary 

of Transportation. 

§ 170.443 What is required to successfully 

include a proposed transportation facility in 

the NTTFI? 

A proposed transportation facility is 

any transportation facility, including a 

highway bridge, that will serve public 

transportation needs, is eligible for 


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construction under the TTP, and does 

not currently exist. It must meet the 

eligibility requirements of the TTP and 

be open to the public when constructed. 

In order to have a proposed facility 

placed on the NTTFI, a tribe must 

submit all of the following to the 

BIADOT/FHWA Quality Assurance 

Team for consideration: 

(a) A tribal resolution or other official 

action identifying support for the 

facility and its placement on the NTTFI. 

(b) A copy of the tribe’s long-range 

transportation plan (LRTP) containing: 

(1) A description of the current land 

use and identification of land 

ownership within the proposed road’s 

corridor (including what public 

easements may be required); 

(2) A description of need and 

outcomes for the facility including a 

description of the project’s termini; and 

(3) The sources of funding to be used 

for construction. 

(c) If the landowner is a public 

authority, documentation that the 

proposed road has been identified in 

their LRTP, Statewide Transportation 

Improvement Program approved by 

FHWA, or other published 

transportation planning documents. If 

the owner will be the tribe, the tribe 

must submit documentation showing an 

agreement regarding the right-of-way or 

a clear written statement of willingness 

to provide a right-of-way from each 

necessary landowner along the route. 

(d) A certification that a public 

involvement process was held for the 

proposed road. 

(e) Documentation that identifies the 

anticipated environmental impacts of 

the project as well as engineering and 

construction challenges and the funding 

sources that will be used during the 

planning, design, construction, and 

maintenance of the proposed facility. 

(f) Documentation identifying the 

entity responsible for maintenance of 

the facility after construction is 

completed. 

§ 170.444 How is the NTTFI updated? 

(a) Submitting data into the NTTFI for 

a new facility is carried out on an 

annual basis as follows: 

(1) BIA Regional Offices provide each 

tribe within its region with a copy of the 

tribe’s own NTTFI data during the first 

fiscal quarter of each year. 

(2) Tribes review the data and either 

enter the changes/updates into the 

database or submit changes/updates 

back to the BIA Regional Office by 

March 15. The submissions must 

include, at a minimum, all required 

minimum attachments (see § 170.446) 

and authorizing resolutions or similar 

official authorizations. 

(3) The BIA Regional Office reviews 

each tribe’s submission. If any errors or 

omissions are identified, the BIA 

Regional Office will return the 

submittals along with a request for 

corrections to the tribe no later than 

May 15. If no errors or omissions are 

found, the BIA Regional Office validates 

the data and forwards it to BIADOT for 

review and approval. 

(4) The tribe must correct any errors 

or omissions in the data entries or 

return the corrected submittals back to 

the BIA Regional Office by June 15. 

(5) Each BIA Regional Office must 

validate its regional data by July 15. 

(6) BIADOT approves the current 

inventory year submissions from BIA 

Regional Offices by September 30 or 

returns the submissions to the BIA 

Regional Office if additional work is 

required. 

(b) Updating the data on a facility 

currently listed in the NTTFI is carried 

out as follows: 

(1) At any time, a tribe may submit a 

request to the BIA Region asking for the 

NTTFI data of an existing facility to be 

updated. The request must include the 

tribe’s updated data and background 

information on how and why the data 

was obtained. At the request of a tribe, 

FHWA may assist BIA and the tribe in 

updating the NTTFI data as required 

under this part. 

(2) The BIA Region must review the 

submitted data and respond to the tribe 

within 30 days of its receipt. 

(i) If approved, the BIA Region 

validates the data and forwards it to BIA 

DOT for review and approval. 

(ii) If not approved, the BIA Region 

returns the submittals to the tribe along 

with a detailed written explanation and 

supporting documentation of the 

reasons for the disapproval. The tribe 

must correct the data entries and return 

the corrected submittals back to the BIA 

Region. 

(3) BIADOT approves the current 

inventory year submissions from BIA 

Regional Offices or returns the 

submittals to the BIA Regional Office if 

additional work is required. 

(c) A Tribe may appeal the rejection 

of submitted data on a new or existing 

facility included in the NTTFI by filing 

a written notice of appeal to the 

Director, Bureau of Indian Affairs, with 

a copy to the BIA Regional Director. 

(d) To be included in the annual 

NTTFI update used for administrative 

and reporting purposes for any given 

fiscal year, submittals for new facilities 

and updates for existing facilities must 

be officially accepted by BIA and FHWA 

by September 30th of that year. 

§ 170.445 What is a strip map? 

A strip map is a graphic 

representation of a section of road or 

other transportation facility being added 

to or modified in the NTTFI. 

(a) Each strip map submitted with an 

NTTFI change must: 

(1) Clearly identify the facility’s 

location with respect to State, county, 

tribal, and congressional boundaries; 

(2) Define the overall dimensions of 

the facility, including latitude and 

longitude; 

(3) Include a north arrow, scale, 

designation of road sections, traffic 

counter locations, and other nearby 

transportation facilities; and 

(4) Include a table that provides the 

facility’s data information needed for 

the NTTFI. 

(b) For additional information, refer to 

the TTP Coding Guide. 

§ 170.446 What minimum attachments are 

required for an NTTFI submission? 

The minimum attachments required 

for a facility to be added into the NTTFI 

include the following. 

(a) A long-range transportation plan. 

Provide the plan’s cover sheet, signature 

page, and page or pages that contain the 

description of route. 

(b) A tribal resolution or official 

authorization that refers to all route 

numbers, names, locations, lengths, 

construction needs, and ownerships. 

(c) A Strip Map. Defines or illustrates 

the facility’s location with respect to 

State, County, Tribal, and congressional 

boundaries. See § 170.445. 

(d) ADT Backup Documentation. This 

applies only when a request to change 

or update the ADT for a section in the 

official inventory. The request will 

contain raw traffic data (backup data), 

method and calculations for adjustment 

of raw data, map showing traffic counter 

locations or location of traffic counter 

can be provided within the strip map, 

and derived ADT values. If the road is 

proposed, the ADT impractical to 

acquire, or a current ADT does not exist, 

then BIADOT will assign a default 

values within the NTTFI database. 

(e) If possible, a typical or 

representative section photo or bridge 

profile photo. 

(f) Incidental cost verification. 

Provide an estimate, analysis and 

justification to verify the need of 

additional incidental items required to 

improve the road to an adequate 

standard. The analysis and justification 

must be specific to the route or facility 

being submitted. 

(g) Acknowledgement of Public 

Authority responsibility. This document 

can be a letter or similar notification by 

the public authority (other than the tribe 


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or BIA) of acknowledgement of 

responsibility for maintenance of the 

Indian Reservation Roads facility. This 

document will identify the route or 

facility by region, agency, reservation, 

route and section. It will identify 

ownership and the entity that will be 

responsible for the maintenance of the 

route after construction, and that the 

route will be open to the public. 

(h) For proposed roads, see 170.443 

for additional required attachments. 

Environmental and Archeological 

Requirements 

§ 170.450 What archeological and 

environmental requirements must the TTP 

meet? 

All BIA, FHWA, and tribal work for 

the TTP must comply with cultural 

resource and environmental 

requirements under applicable Federal 

laws and regulations. A list of 

applicable laws and regulations is 

available in the official Tribal 

Transportation Program Guide on either 

the BIA transportation Web site at 

http://www.bia.gov/WhoWeAre/BIA/ 

OIS/Transportation/index.htm or the 

Federal Lands Highway—Tribal 

Transportation Program Web site at 

http://flh.fhwa.dot.gov/programs/ttp/ 

guide/. 

§ 170.451 Can TTP funds be used for 

archeological and environmental 

compliance? 

Yes. For approved TTP projects, TTP 

funds can be used for environmental 

and archeological work consistent with 

§ 170.450 and applicable tribal laws for: 

(a) Road and bridge rights-of-way; 

(b) Borrow pits and aggregate pits and 

water sources associated with TTP 

activities staging areas; 

(c) Limited mitigation outside of the 

construction limits as necessary to 

address the direct impacts of the 

construction activity as determined in 

the environmental analysis and after 

consultation with all affected tribes and 

appropriate Secretaries; and 

(d) Construction easements. 

§ 170.452 When can TTP funds be used for 

archeological and environmental activities? 

TTP funds can be used on a project’s 

archeological and environmental 

activities only after the TTP facility is 

included in the Tribe’s LRTP and the 

NTTFI, and the project identified on an 

FHWA-approved TTPTIP. 

Design 

§ 170.454 What design standards are used 

in the TTP? 

(a) Depending on the nature of the 

project, tribes must use appropriate 

design standards approved by BIA and 

FHWA. A list of applicable design 

standards are available in the official 

Tribal Transportation Program guide on 

either the BIA transportation Web site at 

http://www.bia.gov/WhoWeAre/BIA/ 

OIS/Transportation/index.htm or the 

Federal Lands Highway—Tribal 

Transportation Program Web site at 

http://flh.fhwa.dot.gov/programs/ttp/ 

guide/. In addition, tribes may develop 

their own design standards that meet or 

exceed those required by BIA and 

FHWA. 

(b) If a tribe proposes the use of a 

design standard that is not listed in the 

Tribal Transportation Program Guide, 

the proposed standard must be 

approved by FHWA. 

§ 170.455 What other factors must 

influence project design? 

The appropriate design standards 

must be applied to each construction 

project consistent with a minimum 20- 

year design life for highway projects and 

75-year design life for highway bridges. 

The design of TTP projects must take 

into consideration: 

(a) The existing and planned future 

use of the facility in a manner that is 

conducive to safety, durability, and 

economy of maintenance; 

(b) The particular needs of each 

locality, and the environmental, scenic, 

historic, aesthetic, community, and 

other cultural values and mobility needs 

in a cost effective manner; and 

(c) Access and accommodation for 

other modes of transportation. 

§ 170.456 When can a tribe request an 

exception from the design standards? 

(a) A tribe can request an exception 

from the required design standards from 

FHWA or BIA. The engineer of record 

must submit written documentation 

with appropriate supporting data, 

sketches, details, and justification based 

on engineering analysis. 

(b) FHWA or BIA can approve a 

project design that does not conform to 

the minimum criteria only after giving 

due consideration to all project 

conditions, such as: 

(1) Maximum service and safety 

benefits for the dollar invested; 

(2) Compatibility with adjacent 

features; and 

(3) Probable time before 

reconstruction of the project due to 

changed conditions or transportation 

demands. 

(c) FHWA or BIA has 30 days from 

receiving the request to approve or 

decline the exception. 

§ 170.457 Can a tribe appeal a denial? 

Yes. If BIA denies a design exception 

request made by a tribe, the decision 

may be appealed to FHWA. Tribes may 

appeal the denial of a design exception 

to: FHWA Office of Federal Lands 

Highway, 1200 New Jersey Ave. SE., 

HFL–1, Washington, DC 20590. If 

FHWA denies a design exception, the 

tribe may appeal the decision Office of 

the FHWA Administrator, 1200 New 

Jersey Ave. SE., HOA–1, Washington, 

DC 20590. 

Review and Approval of Plans, 

Specifications and Estimates 

§ 170.460 What must a project package 

include? 

The tribe must submit the following 

project documentation to BIA or FHWA 

before the start of construction: 

(a) Plans, specifications, and 

estimates; 

(b) A tribal resolution or other 

authorized document supporting the 

project; 

(c) Certification of the required rightof-way, easement, or public taking 

documentation clearances; 

(d) Required environmental, 

archeological, and cultural clearances; 

and 

(e) Identification of design exceptions 

if used in the plans. 

§ 170.461 May a tribe approve plans, 

specifications, and estimates? 

An Indian tribal government may 

approve plans, specifications and 

estimates and commence road and 

bridge construction with funds made 

available from the tribal transportation 

program through a contract, agreement 

under the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 

450 et seq.), or Program Agreement if 

the Indian tribal government: 

(a) Provides assurances in the contract 

or agreement that the construction will 

meet or exceed applicable health and 

safety standards; 

(b) Obtains advance review of the 

plans and specifications from a Statelicensed civil engineer that has certified 

that the plans and specifications meet or 

exceed the applicable health and safety 

standards; 

(c) Provides a copy of the certification 

under paragraph (a) of this section to the 

Deputy Assistant Secretary for Tribal 

Government Affairs, Department of 

Transportation, or the Assistant 

Secretary—Indian Affairs, DOI, as 

appropriate; and 

(d) Provides a copy of all project 

documentation identified in § 170.460 

to BIA or FHWA before the start of 

construction. 

§ 170.463 What if a design deficiency is 

identified? 

If the Secretaries identify a design 

deficiency that may jeopardize public 


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health and safety if the facility is 

completed, they must: 

(a) Immediately notify the tribe of the 

design deficiency and request that the 

tribe promptly resolve the deficiency 

under the standards in § 170.454; and 

(b) For a BIA-prepared PS&E package, 

promptly resolve the deficiency under 

the standards in § 170.454 and notify 

the tribe of the required design changes. 

Construction and Construction 

Monitoring 

§ 170.470 Which construction standards 

must tribes use? 

(a) Tribes must either: 

(1) Use the approved standards 

referred to in § 170.454; or 

(2) Request approval for any other 

road and highway bridge construction 

standards that are consistent with or 

exceed the standards referred to in 

§ 170.454. 

(b) For designing and building eligible 

intermodal projects funded by the TTP 

Program, tribes must use either: 

(1) Nationally recognized standards 

for comparable projects; or 

(2) Tribally adopted standards that 

meet or exceed nationally recognized 

standards for comparable projects. 

§ 170.471 How are projects administered? 

(a) When a tribe carries out a TTP 

project, BIA or FHWA will monitor 

project performance under the 

requirements of 25 CFR 900.130 and 

900.131, 25 CFR 1000.243 and 1000.249, 

program agreements, or other 

appropriate agreements. 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. 

(b) BIA or the tribal government, as 

provided for under the contract or 

agreement, is responsible for day-to-day 

project inspections except for BIA 

monitoring under paragraph (a) of this 

section. 

(c) BIA must process substantial 

changes in the scope of a construction 

project in coordination with the affected 

tribe. 

(d) The tribe, other contractors, and 

BIA may perform quality control. 

(e) When a tribe carries out TTP 

programs, functions, services and 

activities under a Program Agreement or 

another appropriate agreement with 

BIA, FHWA and BIA will monitor 

performance under the executed 

Program Agreement and this part. 

(f) Only the licensed professional 

engineer of record may change a TTP 

project’s plans, specifications, and 

estimates (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. 

§ 170.472 What construction records must 

tribes and BIA keep? 

The following table shows which TTP 

construction records BIA and tribes 

must keep and the requirements for 

access. 

Record keeper Records that must be kept Access requirements 

(a) Tribe ............................... All records required by ISDEAA and 25 CFR 900.130– 

131 or 25 CFR 1000.243 and 1000.249, as appropriate.

BIA and FHWA are allowed access to tribal TTP construction and approved project specifications as required under 25 CFR 900.130, 900.131, 25 CFR 

1000.243 and 1000.249, or the Program Agreement 

as appropriate. 

(b) BIA .................................. Completed daily reports of construction activities appropriate to the type of construction it is performing.Upon reasonable advance request by a tribe, BIA must 

provide reasonable access to records. 

§ 170.473 When is a project complete? 

A project is considered substantially 

complete when all work is completed 

and accepted (except for minor tasks yet 

to be completed (punch list)) and the 

project is open to traffic. The project is 

completed only after all the 

requirements of this section are met. 

(a) At the end of a construction 

project, the public authority, agency, or 

organization responsible for the project 

must make a final inspection. The 

inspection determines whether the 

project has been completed in 

reasonable conformity with the PS&E. 

(1) Appropriate officials from the 

tribe, BIA, responsible public authority, 

and FHWA should participate in the 

inspection, as well as contractors and 

maintenance personnel. 

(2) All project information must be 

made available during final inspection 

and used to develop the TTP 

construction project closeout report. 

Some examples of project information 

are: Daily diaries, weekly progress 

reports, subcontracts, subcontract 

expenditures, salaries, equipment 

expenditures, as-built drawings, etc. 

(b) After the final inspection, the 

facility owner makes final acceptance of 

the project. At this point, the tribe or 

BIA must complete a project closeout 

and final accounting of all TTP 

construction project expenditures under 

§ 170.474. 

(c) If 25 CFR part 169 applies to the 

project, all documents required by part 

169 including, but not limited to, 

documentation attesting that the project 

was constructed entirely within the 

approved right-of-way must be 

completed. 

§ 170.474 Who conducts the project 

closeout? 

The following table shows who must 

conduct the TTP construction project 

closeout and develop the report. 

If the project was completed by 

. . . then . . . and the closeout report must . . . 

(a) BIA ....................................... The region engineer or designee is responsible for closing out the project and preparing the report.(1) Summarize the construction project records to ensure 

compliance requirements have been met; 

(2) Review the bid item quantities and expenditures to ensure 

reasonable conformance with the PS&E and modifications; 

(3) Be completed within 120 calendar days of the date of acceptance of the TTP construction project; and 

(4) Be provided to the affected tribes and the Secretaries. 


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If the project was completed by 

. . . then . . . and the closeout report must . . . 

(b) A tribe .................................. Agreements negotiated under ISDEAA, 

FHWA, or other appropriate agreements 

specify who is responsible for closeout and 

preparing the report.

(1) Meet the requirements of ISDEAA; 

(2) Comply with 25 CFR 900.130(d) and 131(b)(10) and 25 

CFR 1000.249, as applicable; 

(3) Be completed within 120 calendar days of the date of acceptance of the project; and 

(4) Be provided to all parties specified in the agreements negotiated under ISDEAA. 

Management Systems 

§ 170.502 Are nationwide management 

systems required for the TTP? 

(a) The Secretaries will, to the extent 

appropriate, implement safety, bridge, 

pavement, and congestion management 

systems for the Federal and tribal 

facilities included in the NTTFI. 

(b) A tribe may develop its own tribal 

management system based on the 

nationwide management system 

requirements in 23 CFR part 973. The 

tribe may use either TTP formula funds 

or transportation planning funds 

defined in 23 U.S.C. 202(c) for this 

purpose. The tribal system must be 

consistent with Federal management 

systems. 

Bridge Program 

§ 170.510 What funds are available to 

address bridge activities? 

Funds are made available in 23 U.S.C. 

202(d) to maintain a nationwide priority 

program for improving deficient bridges 

eligible for the tribal transportation 

program. 

§ 170.511 What activities are eligible for 

Tribal Transportation Facility Bridge funds? 

(a) The funds made available under 23 

U.S.C. 202(d) must be used to: 

(1) Carry out any planning, design, 

engineering, preconstruction, 

construction, and inspection of a bridge 

project to replace, rehabilitate, 

seismically retrofit, paint, apply calcium 

magnesium acetate, sodium acetate/

formate, or other environmentally 

acceptable, minimally corrosive antiicing and deicing composition; or 

(2) Implement any countermeasure for 

deficient tribal transportation facility 

bridges, including multiple-pipe 

culverts. 

(b) Further information regarding the 

use and availability of these funds can 

be found at 23 CFR part 661. 

§ 170.512 How will Tribal Transportation 

Facility Bridge funds be made available to 

the tribes? 

Funds made available to tribes under 

23 U.S.C. 202(d) may be included in the 

tribe’s self-determination contracts, selfgovernance agreements, program 

agreements, and other appropriate 

agreements. 

§ 170.513 When and how are bridge 

inspections performed? 

(a) All bridges identified on the 

NTTFI must be inspected under 23 

U.S.C. 144. 

(b) Employees performing inspections 

as required by § 170.513(a) must: 

(1) Notify affected tribes and State and 

local governments that an inspection 

will occur; 

(2) Offer tribal and State and local 

governments the opportunity to 

accompany the inspectors; and 

(3) Otherwise coordinate with tribal 

and State and local governments. 

(c) The person responsible for the 

bridge inspection team must meet the 

qualifications for bridge inspectors as 

defined in 23 U.S.C. 144. 

§ 170.514 Who reviews bridge inspection 

reports? 

The person responsible for the bridge 

inspection team must send a copy of the 

inspection report to BIADOT. BIADOT: 

(a) Reviews the report for quality 

assurance and works with FHWA to 

ensure the requirements of 23 U.S.C. 

144 are carried out; and 

(b) Furnishes a copy of the report to 

the BIA Regional Office, which will 

forward the copy to the affected tribe. 

Subpart E—Service Delivery for Tribal 

Transportation Program 

Funding Process 

§ 170.600 What must BIA include in the 

notice of funds availability? 

(a) Upon receiving the total fiscal year 

of TTP funding from FHWA: 

(1) BIA will send a notice of funds 

availability to each BIA Regional Office 

and FHWA that includes the total 

funding available to each tribe within 

each region; and 

(2) BIA and FHWA will forward the 

information to the tribes along with an 

offer of technical assistance. 

(b) BIA and FHWA will distribute 

funds to eligible tribes upon execution 

of all required agreements or contracts 

between BIA/FHWA and the tribe. This 

distribution must occur: 

(1) Within 30 days after funds are 

made available to the Secretary under 

this paragraph; and 

(2) Upon execution of all required 

agreements or contracts between BIA/

FHWA and the tribe. 

(c) Funds made available under this 

section will be expended on projects 

identified in a transportation 

improvement program approved by the 

Secretary. A listing of all FHWAapproved TTP projects (TTPTIP) is 

available on the BIA Transportation and 

FHWA Web sites. 

§ 170.602 If a tribe incurs unforeseen 

construction costs, can it get additional 

funds? 

The TTP is a tribal shares program 

based upon a statutory funding formula. 

Therefore, no additional TTP funding 

beyond each tribe’s share is available for 

unforeseen construction costs. However, 

if a tribe is operating under a selfdetermination contract, it may request 

additional funds for that project under 

25 CFR 900.130(e). 

Miscellaneous Provisions 

§ 170.605 May BIA or FHWA use forceaccount methods in the TTP? 

When requested by a tribe, BIA or 

FHWA may use force-account methods 

in carrying out the eligible work of the 

TTP. Applicable Federal acquisition 

laws and regulations apply to BIA and 

FHWA when carrying out force-account 

activities on behalf of a tribe. 

§ 170.606 How do legislation and 

procurement requirements affect the TTP? 

Other legislation and procurement 

requirements apply to the TTP as shown 

in the following table: 


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Legislation, regulation or other requirement 

Applies to tribes 

under 

self-determination 

contracts 

Applies to tribes 

under 

self-governance 

agreements 

Applies to tribes 

under BIA or FHWA 

program 

agreements 

Applies to activities 

performed by the 

Secretary 

Buy Indian Act ................................................................ No .......................... No .......................... No .......................... Yes. 

Buy American Act ........................................................... No .......................... No .......................... No .......................... Yes. 

Federal Acquisition Regulation (FAR) ............................ No(1) ...................... No .......................... No .......................... Yes. 

Federal Tort Claims Act ................................................. Yes ......................... Yes ......................... Yes ......................... Yes. 

Davis-Bacon Act ............................................................. Yes(2) .................... Yes(2) .................... Yes(2) .................... Yes. 

(a) Unless agreed to by the tribe or tribal organization under ISDEAA, 25 U.S.C. 450j(a), and 25 CFR 900.115. 

(b) Does not apply when tribe performs work with its own employees. 

§ 170.607 Can a tribe use its allocation of 

TTP funds for contract support costs? 

Yes. Contract support costs are an 

eligible item out of a tribe’s TTP 

allocation and need to be included in a 

tribe’s project construction budget. 

§ 170.608 Can a tribe pay contract support 

costs from DOI or BIA appropriations? 

No. Contract support costs for TTP 

construction projects cannot be paid out 

of DOI or BIA appropriations. 

§ 170.609 Can a tribe receive additional 

TTP funds for start-up activities? 

No. Additional TTP funding for startup activities is not available. 

Contracts and Agreements 

§ 170.610 Which TTP functions may a tribe 

assume? 

A tribe may assume all TTP functions 

and activities that are otherwise 

contractible and non-inherently Federal 

under self-determination contracts, selfgovernance agreements, program 

agreements, and other appropriate 

agreements. Administrative support 

functions are an eligible use of TTP 

funding. 

§ 170.611 What special provisions apply to 

ISDEAA contracts and agreements? 

(a) Multi-year contracts and 

agreements. The Secretary can enter 

into a multi-year TTP self-determination 

contract and self-governance agreement 

with a tribe under sections 105(c)(1)(A) 

and (2) of ISDEAA. The amount of the 

contracts or agreements is subject to the 

availability of appropriations. 

(b) Consortia. Under Title I and Title 

IV of ISDEAA, tribes and multi-tribal 

organizations are eligible to assume 

TTPs under consortium contracts or 

agreements. For an explanation of selfdetermination contracts, refer to Title I, 

25 U.S.C. 450f. For an explanation of 

self-governance agreements, see Title IV, 

25 U.S.C. 450b(l) and 458b(b)(2). 

(c) Advance payments. The Secretary 

and the tribe must negotiate a schedule 

of advance payments as part of the 

terms of a self-determination contract 

under 25 CFR 900.132. 

(d) Design and construction contracts. 

The Secretary can enter into a design/ 

construct TTP self-determination 

contract that includes both the design 

and construction of one or more TTP 

projects. The Secretary may make 

advance payments to a tribe: 

(1) Under a self-determination design/ 

construct contract for construction 

activities based on progress, need, and 

the payment schedule negotiated under 

25 CFR 900.132; and 

(2) Under a self-governance agreement 

in the form of annual or semiannual 

installments as indicated in the 

agreement. 

§ 170.612 Can non-contractible functions 

and activities be included in contracts or 

agreements? 

(a) All non-contractible TTP 

‘‘program’’ and ‘‘project’’ functions are 

funded by the Administrative expenses 

identified in 23 U.S.C. 202(a)(6). These 

funds are only for use by BIA and 

FHWA transportation personnel 

performing program management and 

oversight, and project-related 

administration activities. 

(b) Program functions cannot be 

included in self-determination 

contracts, self-governance agreements, 

program agreements, or other 

agreements. (23 U.S.C. 202(b)(6)(B) and 

23 U.S.C. 202(b)(7)(B)). Appendix A to 

this subpart contains a list of program 

functions that cannot be contracted. 

§ 170.614 Can a tribe receive funds before 

BIA publishes the final notice of funding 

availability? 

A tribe can receive funds before BIA 

publishes the final notice of funding 

availability required by § 170.600(a) 

when partial year funding is made 

available to the TTP through continuing 

resolutions or other Congressional 

actions. 

§ 170.615 Can a tribe receive advance 

payments for non-construction activities 

under the TTP? 

Yes. A tribe must receive advance 

payments for non-construction activities 

under 25 U.S.C. 450l for selfdetermination contracts on a quarterly, 

semiannual, lump-sum, or other basis 

proposed by a tribe and authorized by 

law. 

§ 170.616 How are payments made to 

tribes if additional funds are available? 

After an Agreement between BIA or 

FHWA and the tribe is executed, any 

additional funds will be made available 

to tribes under the terms of the executed 

Agreement. 

§ 170.617 May a tribe include a 

contingency in its proposal budget? 

(a) A tribe with a self-determination 

contract may include a contingency 

amount in its proposed budget under 25 

CFR 900.127(e)(8). 

(b) A tribe with a self-governance 

agreement may include a projectspecific line item for contingencies if 

the tribe does not include its full TTP 

funding allocation in the agreement. 

(c) The amounts in both paragraphs 

(a) and (b) of this section must be within 

the tribal share made available or within 

the negotiated ISDEAA contract or 

agreement. 

§ 170.618 Can a tribe keep savings 

resulting from project administration? 

All funds made available to a tribe 

through the 23 U.S.C 202(b) are 

considered ‘‘tribal’’ and are available to 

the tribe until expended. However, they 

must be expended on projects and 

activities referenced on an FHWA 

approved TTPTIP. 

§ 170.619 Do tribal preference and Indian 

preference apply to TTP funding? 

Tribal preference and Indian 

preference apply to TTP funding as 

shown in the following table: 


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If . . . Then . . . 

(a) A contract serves a single tribe .............................................. Section 7(c) under Title 1 of ISDEAA allows tribal employment or contract 

preference laws, including tribe local preference laws to govern. 

(b) A contract serves more than one tribe ................................... Section 7(b) under Title 1 of ISDEAA applies. 

(c) A self-governance agreement exists under Title IV of 

ISDEAA.

25 CFR 1000.406 applies. 

(d) A Program Agreement ............................................................ The language of the Program Agreement applies. 

§ 170.620 How do ISDEAA’s Indian 

preference provisions apply? 

This section applies when the 

Secretary or a tribe enters into a 

cooperative, reimbursable, or other 

agreement with a State or local 

government for a TTP construction 

project. The tribe and the parties may 

choose to incorporate the provisions of 

section 7(b) of ISDEAA in the 

agreement. 

§ 170.621 What if a tribe doesn’t perform 

work under a contract or agreement? 

If a tribe fails to substantially perform 

work under a contract or agreement: 

(a) For self-determination contracts, 

the Secretary must use the monitoring 

and enforcement procedures in 25 CFR 

900.131(a) and (b) and ISDEAA, part 

900 subpart L (appeals); 

(b) For self-governance agreements, 

the Secretary must use the monitoring 

and enforcement procedures in 25 CFR 

part 1000, subpart K; or 

(c) For FHWA or BIA TTP 

Agreements, the Secretaries will use the 

procedures identified in the 

Agreements. 

§ 170.622 What TTP program, functions, 

services, and activities are subject to the 

self-governance construction regulations? 

All TTP design and construction 

projects and activities, whether 

included separately or under a program 

in the agreement, are subject to the 

regulations in 25 CFR part 1000, subpart 

K, including applicable exceptions. 

§ 170.623 How are TTP projects and 

activities included in a self- governance 

agreement? 

To include a TTP project or activity 

in a self-governance agreement, the 

following information is required: 

(a) All work must be included in the 

FHWA-approved TTPTIP; and 

(b) All other information required 

under 25 CFR part 1000, subpart K. 

§ 170.624 Is technical assistance 

available? 

Yes. Technical assistance is available 

from BIA, the Office of SelfGovernance, and FHWA for tribes with 

questions about contracting the TTP or 

TTP projects. 

§ 170.625 What regulations apply to 

waivers? 

The following regulations apply to 

waivers: 

(a) For self-determination contracts, 

25 CFR 900.140 through 900.148; 

(b) For self-governance agreements, 25 

CFR 1000.220 through 1000.232; and 

(c) For direct service, 25 CFR 1.2. 

§ 170.626 How does a tribe request a 

waiver of a Department of Transportation 

regulation? 

A tribe can request a waiver of a 

Department of Transportation regulation 

as shown in the following table: 

If the tribe’s contract or 

agreement is with . . . and . . . then the tribe must . . . 

(a) The Secretary ................. the contract is a self-determination contract ................... follow the procedures in ISDEAA, Title I, and 25 CFR 

900.140 through 900.148. 

(b) The Secretary ................. the agreement is a tribal self-governance agreement .... follow the procedures in 25 CFR 1000.220 through 

1000.232. 

(c) The Secretary of Transportation........................................................................................... make the request to the Secretary of Transportation at: 

1200 New Jersey Ave. SE., HFL–1, Washington, DC 

20590. 

Appendix to Subpart E—List of 

Program Functions That Cannot Be 

Subcontracted 

Per § 170.612, program functions cannot be 

included in self-determination contracts, selfgovernance agreements, program agreements, 

or other agreements. Program functions 

include all of the following: 

(a) TTP project-related pre-contracting 

activities: 

(1) Notifying tribes of available funding 

including the right of first refusal; and 

(2) Providing technical assistance. 

(b) TTP project-related contracting 

activities: 

(1) Providing technical assistance; 

(2) Reviewing all scopes of work under 25 

CFR 900.122; 

(3) Evaluating proposals and making 

declination decisions, if warranted; 

(4) Performing declination activities; 

(5) Negotiating and entering into contracts 

or agreements with State, tribal, and local 

governments and other Federal agencies; 

(6) Processing progress payments or 

contract payments; 

(7) Approving contract modifications; 

(8) Processing claims and disputes with 

tribal governments; and 

(9) Closing out contracts or agreements. 

(c) Planning activities: 

(1) Reviewing and approving TTP 

transportation improvement programs 

developed by tribes or other contractors; 

(2) Reviewing and approving TTP longrange transportation plans developed by 

tribes or other contractors; and 

(d) Environmental and historical 

preservation activities: 

(1) Reviewing and approving all items 

required for environmental compliance; and 

(2) Reviewing and approving all items 

required for archaeological compliance. 

(e) Processing rights-of-way: 

(1) Reviewing rights-of-way applications 

and certifications; 

(2) Approving rights-of-way documents; 

(3) Processing grants and acquisition of 

rights-of-way requests for tribal trust and 

allotted lands under 25 CFR part 169; 

(4) Responding to information requests; 

(5) Reviewing and approving documents 

attesting that a project was constructed 

entirely within a right-of-way granted by BIA; 

and 

(6) Performing custodial functions related 

to storing rights-of-way documents. 

(f) Conducting project development and 

design under 25 CFR 900.131: 

(1) Participating in the plan-in-hand 

reviews on behalf of BIA as facility owner; 

(2) Reviewing and/or approving plans, 

specifications, and cost estimates (PS&E’s) for 

health and safety assurance on behalf of BIA 

as facility owner; 

(3) Reviewing PS&E’s to assure compliance 

with NEPA as well as all other applicable 

Federal laws; and 

(4) Reviewing PS&E’s to assure compliance 

with or exceeding Federal standards for TTP 

design and construction. 


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(g) Construction: 

(1) Making application for clean air/clean 

water permits as facility owner; 

(2) Ensuring that all required State/tribal/ 

Federal permits are obtained 

(3) Performing quality assurance activities; 

(4) Conducting value engineering activities 

as facility owner; 

(5) Negotiating with contractors on behalf 

of Federal Government; 

(6) Approving contract modifications/ 

change orders; 

(7) Conducting periodic site visits; 

(8) Performing all Federal Government 

required project-related activities contained 

in the contract documents and required by 25 

CFR parts 900 and 1000; 

(9) Conducting activities to assure 

compliance with safety plans as a 

jurisdictional responsibility hazardous 

materials, traffic control, OSHA, etc.; 

(10) Participating in final inspection and 

acceptance of project documents as built 

drawings on behalf of BIA as facility owner; 

and 

(11) Reviewing project closeout activities 

and reports. 

(h) Other activities: 

(1) Performing other non-contractible 

required TTP project activities contained in 

this part, ISDEAA and part 1000; and 

(2) Other Title 23 non-project-related 

management activities. 

(i) BIADOT program management: 

(1) Developing budget on needs for the 

TTP; 

(2) Developing legislative proposals; 

(3) Coordinating legislative activities; 

(4) Developing and issuing regulations; 

(5) Developing and issuing TTP planning, 

design, and construction standards; 

(6) Developing/revising interagency 

agreements; 

(7) Developing and approving TTP 

stewardship agreements in conjunction with 

FHWA; 

(8) Developing annual TTP obligation and 

TTP accomplishments reports; 

(9) Developing reports on TTP project 

expenditures and performance measures for 

the Government Performance and Results Act 

(GPRA); 

(10) Responding to/maintaining data for 

congressional inquiries; 

(11) Developing and maintaining funding 

formula and its database; 

(12) Allocating TTP and other 

transportation funding; 

(13) Providing technical assistance to tribe/ 

tribal organizations/agencies/regions; 

(14) Providing national program leadership 

for other Federal transportation related 

programs including: Transportation 

Alternatives Program, Tribal Transportation 

Assistance Program, Recreational Travel and 

Tourism, Transit Programs, ERFO Program, 

and Presidential initiatives; 

(15) Participating in and supporting tribal 

transportation association meetings; 

(16) Coordinating with and monitoring 

Indian Local Technical Assistance Program 

centers; 

(17) Planning, coordinating, and 

conducting BIA/tribal training; 

(18) Developing information management 

systems to support consistency in data 

format, use, etc., with the Secretary of 

Transportation for the TTP; 

(19) Participating in special transportation 

related workgroups, special projects, task 

forces and meetings as requested by tribes; 

(20) Participating in national, regional, and 

local transportation organizations; 

(21) Participating in and supporting FHWA 

Coordinated Technology Implementation 

program; 

(22) Participating in national and regional 

TTP meetings; 

(23) Consulting with tribes on non-project 

related TTP issues; 

(24) Participating in TTP, process, and 

product reviews; 

(25) Developing and approving national 

indefinite quantity service contracts; 

(26) Assisting and supporting the TTP 

Coordinating Committee; 

(27) Processing TTP Bridge program 

projects and other discretionary funding 

applications or proposals from tribes; 

(28) Coordinating with FHWA; 

(29) Performing stewardship of the TTP; 

(30) Performing oversight of the TTP and 

its funded activities; 

(31) Performing any other non-contractible 

TTP activity included in this part; and 

(32) Determining eligibility of new uses of 

TTP funds. 

(j) BIADOT Planning: 

(1) Maintaining the official TTP inventory; 

(2) Reviewing long-range transportation 

plans; 

(3) Reviewing and approving TTP 

transportation improvement programs; 

(4) Maintaining nationwide inventory of 

TTP strip and atlas maps; 

(5) Coordinating with tribal/State/regional/ 

local governments; 

(6) Developing and issuing procedures for 

management systems; 

(7) Distributing approved TTP 

transportation improvement programs to BIA 

regions; 

(8) Coordinating with other Federal 

agencies as applicable; 

(9) Coordinating and processing the 

funding and repair of damaged Indian 

Reservation Roads with FHWA; 

(10) Calculating and distributing TTP 

transportation planning funds to BIA regions; 

(11) Reprogramming unused TTP 

transportation planning funds at the end of 

the fiscal year; 

(12) Monitoring the nationwide obligation 

of TTP transportation planning funds; 

(13) Providing technical assistance and 

training to BIA regions and tribes; 

(14) Approving Atlas maps; 

(15) Reviewing TTP inventory information 

for quality assurance; and 

(16) Advising BIA regions and tribes of 

transportation funding opportunities. 

(k) BIADOT engineering: 

(1) Participating in the development of 

design/construction standards with FHWA; 

(2) Developing and approving design/ 

construction/maintenance standards; 

(3) Conducting TTP/product reviews; and 

(4) Developing and issuing technical 

criteria for management systems. 

(l) BIADOT responsibilities for bridges: 

(1) Maintaining BIA National Bridge 

Inventory information/database; 

(2) Conducting quality assurance of the 

bridge inspection program; 

(3) Reviewing and processing TTP Bridge 

program applications; 

(4) Participating in second level review of 

TTP bridge PS–E’s; and 

(5) Developing criteria for bridge 

management systems. 

(m) BIADOT responsibilities to perform 

other non-contractible required TTP 

activities contained in this part. 

(n) BIA regional offices program 

management: 

(1) Designating TTP System roads; 

(2) Notifying tribes of available funding; 

(3) Developing State TTP transportation 

improvement programs; 

(4) Providing FHWA-approved TTP 

transportation improvement programs to 

tribes; 

(5) Providing technical assistance to tribes/ 

tribal organizations/agencies; 

(6) Funding common services as provided 

as part of the region/agency/BIA Division of 

Transportation TTP costs; 

(7) Processing and investigating nonproject related tort claims; 

(8) Preparing budgets for BIA regional and 

agency TTP activities; 

(9) Developing/revising interagency 

agreements; 

(10) Developing control schedules/ 

transportation improvement programs; 

(11) Developing regional TTP stewardship 

agreements; 

(12) Developing quarterly/annual TTP 

obligation and program accomplishments 

reports; 

(13) Developing reports on TTP project 

expenditures and performance measures for 

Government Performance and Results Act 

(GPRA); 

(14) Responding to/maintaining data for 

congressional inquiries; 

(15) Participating in Indian transportation 

association meetings; 

(16) Participating in Indian Local 

Technical Assistance Program (LTAP) 

meetings and workshops; 

(17) Participating in BIA/tribal training 

development highway safety, work zone 

safety, etc.; 

(18) Participating in special workgroups, 

task forces, and meetings as requested by 

tribes and BIA region/agency personnel; 

(19) Participating in national, regional, or 

local transportation organizations meetings 

and workshops; 

(20) Reviewing Coordinated Technology 

Implementation Program project proposals; 

(21) Consulting with tribal governments on 

non-project related program issues; 

(22) Funding costs for common services as 

provided as part of BIA TTP region/agency/ 

contracting support costs; 

(23) Reviewing TTP Atlas maps; 

(24) Processing Freedom of Information 

Act (FOIA) requests; 

(25) Monitoring the obligation and 

expenditure of all TTP funds allocated to BIA 

region; 

(26) Performing activities related to the 

application for ERFO funds, administration, 

and oversight of the funds; and 

(27) Participating in TTP, process, and 

product reviews. 


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(o) BIA regional offices’ planning: 

(1) Coordinating with tribal/State/regional/ 

local government; 

(2) Coordinating and processing the 

funding and repair of damaged Tribal 

Transportation Facility Roads with tribes; 

(3) Reviewing and approving TTP 

Inventory data; 

(4) Maintaining, reviewing, and approving 

the management systems databases; 

(5) Reviewing and approving TTP State 

transportation improvement programs; and 

(6) Performing Federal responsibilities 

identified in the TTP Transportation 

Planning Procedures and Guidelines manual. 

(p) BIA regional offices’ engineering: 

(1) Approving tribal standards for the TTP 

use; 

(2) Developing and implementing new 

engineering techniques in the TTP; and 

(3) Providing technical assistance. 

(q) BIA regional offices’ responsibilities for 

bridges: 

(1) Reviewing and processing TTP bridge 

program applications; 

(2) Reviewing and processing TTP bridge 

inspection reports and information; and 

(3) Ensuring the safe use of roads and 

bridges. 

(r) BIA regional offices’ other 

responsibilities for performing other noncontractible required TTP activities 

contained in this part. 

Subpart F—Program Oversight and 

Accountability 

§ 170.700 What is the TTP Stewardship 

Plan/National Business Plan? 

The TTP stewardship plan/national 

business plan delineates the respective 

roles and responsibilities of BIA and 

FHWA in the administration of the TTP 

and the process used for fulfilling those 

roles and responsibilities. 

§ 170.701 May a direct service tribe and 

BIA Region sign a Memorandum of 

Understanding? 

Yes. A direct service tribe and BIA 

Region My sign a Memorandum of 

Understanding (MOU). A TTP tribal/ 

BIA region MOU is a document that a 

direct service tribe and BIA may enter 

into to help define the roles, 

responsibilities and consultation 

process between the regional BIA office 

and the Indian tribal government. It 

describes how the TTP will be carried 

out by BIA on the tribe’s behalf. 

§ 170.702 What activities may the 

Secretaries review and monitor? 

The Secretaries review and monitor 

the performance of all TTP activities. 

§ 170.703 What program reviews do the 

Secretaries conduct? 

(a) BIADOT and FHWA conduct 

formal program reviews of BIA Regional 

Offices or tribes to examine program 

procedures and identify improvements. 

For a BIA Regional Office review, the 

regional tribes will be notified of these 

formal program reviews. Tribes may 

send representatives to these meetings 

at their own expense. 

(b) The review will provide 

recommendations to improve the 

program, processes and controls of 

management, planning, design, 

construction, financial and 

administration activities. 

(c) After the review, the review team 

must: 

(1) Make a brief oral report of findings 

and recommendations to the tribal 

leadership or BIA Regional Director; and 

(2) Within 60 days, provide a written 

report of its findings and 

recommendations to the tribe, BIA, all 

participants, and affected tribal 

governments and organizations. 

§ 170.704 What happens when the review 

process identifies areas for improvement? 

When the review process identifies 

areas for improvement: 

(a) The tribe or regional office must 

develop a corrective action plan within 

60 days; 

(b) BIADOT and FHWA review and 

approve the plan; 

(c) FHWA may provide technical 

assistance during the development and 

implementation of the plan; and 

(d) The reviewed tribe or BIA regional 

office implements the plan and reports 

either annually or biennially to BIADOT 

and FHWA on implementation. 

Subpart G—Maintenance 

§ 170.800 What funds are available for 

maintenance activities? 

(a) Under 23 U.S.C. 202(a)(8), a tribe 

can use TTP funding for maintenance, 

within the following limits, whichever 

is greater: 

(1) 25 percent of its TTP funds; or 

(2) $500,000. 

(b) These funds can only be used to 

maintain the public facilities included 

in the NTTFI. 

(c) Road sealing activities are not 

subject to this limitation. 

(d) BIA retains primary responsibility, 

including annual funding request 

responsibility, for BIA road 

maintenance programs on Indian 

reservations. 

(e) The Secretary of the Interior shall 

ensure that funding made available 

under the TTP for maintenance of tribal 

transportation facilities for each fiscal 

year is supplementary to, and not in lieu 

of, any obligation of funds by the BIA 

for road maintenance programs on 

Indian reservations. 

§ 170.801 Can maintenance funds be used 

to improve TTP transportation facilities? 

No. The funds identified for 

maintenance in § 170.800 cannot be 

used to improve roads or other TTP 

transportation facilities to a higher road 

classification, standard or capacity. 

§ 170.802 Can a tribe perform road 

maintenance? 

Yes. A tribe may enter into selfdetermination contracts, self-governance 

agreements, program agreements, and 

other appropriate agreements to perform 

tribal transportation facility 

maintenance. 

§ 170.803 To what standards must a TTP 

transportation facility be maintained? 

Subject to availability of funding, TTP 

transportation facilities must be 

maintained under either: 

(a) A standard accepted by BIA or 

FHWA (as identified in the official 

Tribal Transportation Program guide on 

either the BIA transportation Web site at 

http://www.bia.gov/WhoWeAre/BIA/

OIS/Transportation/index.htm or the 

Federal Lands Highway—Tribal 

Transportation Program Web site at 

http://flh.fhwa.dot.gov/programs/ttp/

guide/, or 

(b) Another tribal, Federal, State, or 

local government maintenance standard 

negotiated in an ISDEAA road 

maintenance self- determination 

contract or self-governance agreement. 

§ 170.804 What if maintenance funding is 

inadequate? 

If BIA determines that a TTP 

transportation facility is not being 

maintained under TTP standards due to 

insufficient funding, it will: 

(a) Notify the facility owner, and if the 

facility is a BIA system road, continue 

to request annual maintenance funding 

for that facility; and 

(b) Report these findings to the 

Secretary of Transportation under 23 

U.S.C. 201(a). BIA will provide a draft 

copy of the report to the affected tribe 

for comment before forwarding it to 

Secretary of Transportation. 

§ 170.805 What maintenance activities are 

eligible for TTP funding? 

TTP Maintenance funding support a 

wide variety of activities necessary to 

maintain facilities identified in the 

NTTFI.A list of eligible activities is 

available in the official Tribal 

Transportation Program guide on either 

the BIA transportation Web site at 

http://www.bia.gov/WhoWeAre/BIA/

OIS/Transportation/index.htm or the 

Federal Lands Highway—Tribal 

Transportation Program Web site at 

http://flh.fhwa.dot.gov/programs/ttp/

guide/. 


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Subpart H—Miscellaneous Provisions 

Reporting Requirements and Indian 

Preference 

§ 170.910 What information on the TTP or 

projects must BIA or FHWA provide? 

At the written request of a tribe, BIA 

or FHWA must provide available 

information on the TTP or projects to a 

tribe within a reasonable time. 

§ 170.911 Are Indians entitled to 

employment and training preferences? 

(a) Federal law gives hiring and 

training preferences, to the greatest 

extent feasible, to Indians for all work 

performed under the TTP. 

(b) Under 25 U.S.C. 450e(b), 23 U.S.C. 

140(d), 25 U.S.C. 47, and 23 U.S.C. 

202(a)(3), Indian organizations and 

Indian-owned economic enterprises are 

entitled to a preference, to the greatest 

extent feasible, in the award of 

contracts, subcontracts and sub-grants 

for all work performed under the TTP. 

§ 170.912 Does Indian employment 

preference apply to Federal-aid Highway 

Projects? 

(a) Tribal, State, and local 

governments may provide an Indian 

employment preference for Indians 

living on or near a reservation on 

projects and contracts that meet the 

definition of a tribal transportation 

facility. (See 23 U.S.C. 101(a)(12) and 

140(d), and 23 CFR 635.117(d).) 

(b) Tribes may target recruiting efforts 

toward Indians living on or near Indian 

reservations, Indian lands, Alaska 

Native villages, pueblos, and Indian 

communities. 

(c) Tribes and tribal employment 

rights offices should work cooperatively 

with State and local governments to 

develop contract provisions promoting 

employment opportunities for Indians 

on eligible federally funded 

transportation projects. Tribal, State, 

and local representatives should confer 

to establish Indian employment goals 

for these projects. 

§ 170.913 Do tribal-specific employment 

rights and contract preference laws apply? 

Yes. When a tribe or consortium 

administers a TTP or project intended to 

benefit that tribe or a tribe within the 

consortium, the benefitting tribe’s 

employment rights and contracting 

preference laws apply. (See § 170.619 

and 25 U.S.C. 450e(c).) 

§ 170.914 What is the difference between 

tribal preference and Indian preference? 

Indian preference is a hiring 

preference for Indians in general. Tribal 

preference is a preference adopted by a 

tribal government that may or may not 

include a preference for Indians in 

general, Indians of a particular tribe, 

Indians in a particular region, or any 

combination thereof. 

§ 170.915 May tribal employment taxes or 

fees be included in a TTP project budget? 

Yes. The cost of tribal employment 

taxes or fees may be included in the 

budget for a TTP project. 

§ 170.916 May tribes impose taxes or fees 

on those performing TTP services? 

Yes. Tribes, as sovereign nations, may 

impose taxes and fees for TTP activities. 

When a tribe administers TTPs or 

projects under ISDEAA, its tribal 

employment and contracting preference 

laws, including taxes and fees, apply. 

§ 170.917 Can tribes receive direct 

payment of tribal employment taxes or 

fees? 

This section applies to non-tribally 

administered TTP projects. Tribes can 

request that BIA pay tribal employment 

taxes or fees directly to them under a 

voucher or other written payment 

instrument, based on a negotiated 

payment schedule. Tribes may consider 

requesting direct payment of tribal 

employment taxes or fees from other 

transportation departments in lieu of 

receiving their payment from the 

contractor. 

§ 170.918 What applies to the Secretaries 

collection of data under the TTP? 

Under 23 U.S.C. 201(c)(6), the 

Secretaries will collect and report data 

necessary to implement the Tribal 

Transportation Program under the 

ISDEAA, including: 

(a) Inventory and condition 

information on Federal lands 

transportation facilities and tribal 

transportation facilities; and 

(b) Bridge inspection and inventory 

information on any Federal bridge open 

to the public. 

Tribal Transportation Departments 

§ 170.930 What is a tribal transportation 

department? 

A tribal transportation department is 

a department, commission, board, or 

official of any tribal government charged 

by its laws with the responsibility for 

highway construction. Tribal 

governments, as sovereign nations, have 

inherent authority to establish their own 

transportation departments under their 

own tribal laws. Tribes may staff and 

organize transportation departments in 

any manner that best suits their needs. 

Tribes can receive technical assistance 

from TTACs, BIA regional road 

engineers, FHWA, or AASHTO to 

establish a tribal transportation 

department. 

§ 170.931 Can tribes use TTP funds to pay 

tribal transportation department operating 

costs? 

Yes. Tribes can use TTP funds to pay 

the cost of planning, administration, 

and performance of approved TTP 

activities (see § 170.115). Tribes can also 

use BIA road maintenance funds to pay 

the cost of planning, administration, 

and performance of maintenance 

activities under this part. 

§ 170.932 Are there other funding sources 

for tribal transportation departments? 

There are many sources of funds that 

may help support a tribal transportation 

department. The following are some 

examples of additional funding sources: 

(a) Tribal general funds; 

(b) Tribal Priority Allocation; 

(c) Tribal permits and license fees; 

(d) Tribal fuel tax; 

(e) Federal, State, private, and local 

transportation grants assistance; 

(f) Tribal Employment Rights 

Ordinance fees (TERO); and 

(g) Capacity building grants from 

Administration for Native Americans 

and other organizations. 

§ 170.933 Can tribes regulate oversize or 

overweight vehicles? 

Yes. Tribal governments can regulate 

travel on roads under their jurisdiction 

and establish a permitting process to 

regulate the travel of oversize or 

overweight vehicles, under applicable 

Federal law. BIA may, with the consent 

of the affected tribe, establish a 

permitting process to regulate the travel 

of oversize or overweight vehicles on 

BIA-system roads. 

Resolving Disputes 

§ 170.934 Are alternative dispute 

resolution procedures available? 

(a) Federal agencies should use 

mediation, conciliation, arbitration, and 

other techniques to resolve disputes 

brought by TTP beneficiaries. The goal 

of these alternative dispute resolution 

(ADR) procedures is to provide an 

inexpensive and expeditious forum to 

resolve disputes. Federal agencies 

should resolve disputes at the lowest 

possible staff level and in a consensual 

manner whenever possible. 

(b) Except as required in 25 CFR part 

900 and part 1000, tribes operating 

under a self-determination contract or 

self-governance agreement are entitled 

to use dispute resolution techniques 

prescribed in: 

(1) The ADR Act, 5 U.S.C. 571–583; 

(2) The Contract Disputes Act, 41 

U.S.C. 601–613; and 

(3) The Indian Self-Determination and 

Education Assistance Act and the 

implementing regulations (including for 


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non-construction the mediation and 

alternative dispute resolution options 

listed in 25 U.S.C. 4501 (model contract 

section (b)(12)). 

(4) Tribes operating under a Program 

Agreement with FHWA are entitled to 

use dispute resolution techniques 

prescribed in 25 CFR 170.934 and 

Article II, Section 4 of the Agreement. 

§ 170.935 How does a direct service tribe 

begin the alternative dispute resolution 

process? 

(a) To begin the ADR process, a direct 

service tribe must write to the BIA 

Regional Director, or the Chief of BIA 

Division of Transportation. The letter 

must: 

(1) Ask to begin one of the alternative 

dispute resolution (ADR) procedures in 

the Administrative Dispute Resolution 

Act of 1996, 5 U.S.C. 571–583 (ADR 

Act); and 

(2) Explain the factual and legal basis 

for the dispute. 

(b) ADR proceedings will be governed 

by procedures in the ADR Act and the 

implementing regulations. 

Other Miscellaneous Provisions 

§ 170.941 May tribes become involved in 

transportation research? 

Yes. Tribes may: 

(a) Participate in Transportation 

Research Board meetings, committees, 

and workshops sponsored by the 

National Science Foundation; 

(b) Participate in and coordinate the 

development of tribal and TTP 

transportation research needs; 

(c) Submit transportation research 

proposals to States, FHWA, AASHTO, 

and FTA; 

(d) Prepare and include transportation 

research proposals in their TTPTIPS; 

(e) Access Transportation Research 

Information System Network (TRISNET) 

database; and 

(f) Participate in transportation 

research activities under 

Intergovernmental Personnel Act 

agreements. 

§ 170.942 Can a tribe use Federal funds for 

transportation services for quality-of-life 

programs? 

(a) A tribe can use TTP funds: 

(1) To coordinate transportationrelated activities to help provide access 

to jobs and make education, training, 

childcare, healthcare, and other services 

more accessible to tribal members; and 

(2) As the matching share for other 

Federal, State, and local mobility 

programs. 

(b) To the extent authorized by law 

additional grants and program funds are 

available for the purposes in paragraph 

(a)(1) of this section from other 

programs administered by the 

Departments of Transportation, Health 

and Human Services, and Labor. 

(c) Tribes should also apply for 

Federal and State public transportation 

and personal mobility program grants 

and funds. 

§ 170.943 What is the Tribal High Priority 

Projects Program? 

The Tribal High Priority Projects 

Program is authorized under Section 

1123 of MAP21 and is not part of the 

Tribal Transportation Program. Details 

about the program are available on 

either the BIA transportation Web site at 

http://www.bia.gov/WhoWeAre/BIA/

OIS/Transportation/index.htm or the 

Federal Lands Highway—Tribal 

Transportation Program Web site at 

http://flh.fhwa.dot.gov/programs/ttp/. 

Dated: December 11, 2014. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2014–29604 Filed 12–17–14; 4:15 pm] 

BILLING CODE 4310–6W–P 


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