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Electronic Code of Federal Regulations

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e-CFR Data is current as of July 22, 2014

TITLE 25—Indians

CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER H—LAND AND WATER

PART 170—INDIAN RESERVATION ROADS PROGRAM

rule

Subpart A—POLICIES, APPLICABILITY, AND DEFINITIONS

§170.1
What does this part do?
§170.2
What is the IRR Program and BIA Road Maintenance Program policy?
§170.3
When do other requirements apply to the IRR Program?
§170.4
What is the effect of this part on existing tribal rights?
§170.5
What definitions apply to this part?
§170.6
Information Collection.
rule

Subpart B—INDIAN RESERVATION ROADS PROGRAM POLICY AND ELIGIBILITY

Consultation, Collaboration, Coordination

§170.100
What do the terms “consultation, collaboration, and coordination” mean?
§170.101
What is the IRR Program consultation and coordination policy?
§170.102
How do the Departments consult, collaborate, and coordinate with tribal governments?
§170.103
What goals and principles guide the Secretaries?
§170.104
Must the Secretary consult with tribal governments before obligating IRR Program funds?
§170.105
Are funds available for consultation, collaboration, and coordination activities?
§170.106
When must State governments consult with tribes?
§170.107
Should planning organizations and local governments consult with tribes when planning for transportation projects?
§170.108
Should Indian tribes and BIA consult with States' planning organizations and local governments in the development of their IRRTIP?
§170.109
How do the Secretaries prevent discrimination or adverse impacts?
§170.110
How can State and local governments prevent discrimination or adverse impacts?
§170.111
What can a tribe do if discrimination or adverse impacts occur?

Eligible Uses if IRR Program Funds

§170.115
What activities may be funded with IRR Program funds?
§170.116
What activities are not eligible for IRR Program funding?
§170.117
How can a tribe determine whether a new use of funds is allowable?

Use of IRR and Cultural Access Roads

§170.120
What restrictions apply to the use of an Indian Reservation Road?
§170.121
What is a cultural access road?
§170.122
Can a tribe close a cultural access road?

Seasonal Transportation Routes

§170.123
What are seasonal transportation routes?
§170.124
Does the IRR Program cover seasonal transportation routes?

IRR Housing Access Roads

§170.127
What terms apply to access roads?
§170.128
Are housing access roads and housing streets eligible for IRR Program funding?

Toll, Ferry and Airport Facilities

§170.130
How can tribes use Federal highway funds for toll and ferry facilities?
§170.131
How can a tribe find out more about designing and operating a toll facility?
§170.132
When can a tribe use IRR Program funds for airport facilities?

Recreation, Tourism and Trails

§170.135
Can a tribe use Federal funds for its recreation, tourism, and trails program?
§170.136
How can a tribe obtain funds?
§170.137
What types of activities can a recreation, tourism, and trails program include?
§170.138
Can roads be built in roadless and wild areas?

Highway Safety Functions

§170.141
What Federal funds are available for a tribe's highway safety activities?
§170.142
How can tribes obtain funds to perform highway safety projects?
§170.143
How can IRR Program funds be used for highway safety?
§170.144
What are eligible highway safety projects?
§170.145
Are other funds available for a tribe's highway safety efforts?

Transit Facilities

§170.148
What is a tribal transit program?
§170.149
How do tribes identify transit needs?
§170.150
What Federal funds are available for a tribe's transit program?
§170.151
May a tribe or BIA use IRR Program funds as matching funds?
§170.152
What transit facilities and activities are eligible for IRR Program funding?

IRR Program Coordinating Committee

§170.155
What is the IRR Program Coordinating Committee?
§170.156
What are the IRR Program Coordinating Committee's responsibilities?
§170.157
What is the IRR Program Coordinating Committee's role in the funding process?
§170.158
How does the IRR Program Coordinating Committee conduct business?

Indian Local Technical Assistance Program

§170.161
What is the Indian Local Technical Assistance Program?
§170.162
How is the Indian LTAP funded?
§170.163
How are Indian LTAP recipients selected?
§170.164
How are tribal representatives nominated and chosen for the selection committee?
§170.165
May a tribe enter into a contract or agreement for Indian LTAP funds?
§170.166
What services do Indian LTAP centers provide?
§170.167
How does a tribe obtain services from an Indian LTAP center?
§170.168
Do Indian LTAP centers offer services similar to those of State LTAPs?
§170.169
What can a tribe do if Indian LTAP services are unsatisfactory?
§170.170
How are Indian LTAP centers managed?
§170.171
How are tribal advisory technical panel members selected?

Indian LTAP-Sponsored Education and Training Opportunities

§170.175
What Indian LTAP-sponsored transportation training and educational opportunities exist?
§170.176
Where can tribes get scholarships and tuition for Indian LTAP-sponsored education and training?
Appendix
Appendix A to Subpart B—Allowable Uses of IRR Program Funds
Appendix
Appendix B to Subpart B—Sources of Tribal Transportation Training and Education Opportunities
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Subpart C—INDIAN RESERVATION ROADS PROGRAM FUNDING

Tribal Transportation Allocation Methodology (TTAM)

§170.200
How does BIA allocate IRR Program funds?
§170.201
How does BIA allocate and distribute tribal transportation planning funds?
§170.202
Does the Relative Need Distribution Factor allocate funding among tribes?

IRR High Priority Project (IRRHPP)

§170.205
What is an IRR High Priority Project (IRRHPP)?
§170.206
How is an emergency/disaster defined?
§170.207
What is the intent of IRRHPP emergency/disaster funding?
§170.208
What funding is available for IRRHPP?
§170.209
How will IRRHPP applications be ranked and funded?
§170.210
How may a tribe apply for IRRHPP?
§170.211
What is the IRRHPP Funding Priority List?
§170.212
What is the timeline for IRRHPPs?
§170.213
How long are IRRHPP funds available for a project?
§170.214
How does award of an emergency/disaster project affect projects on the FPL?

Population Adjustment Factor

§170.220
What is the Population Adjustment Factor?
§170.221
What funding is available for distribution using the PAF?

Relative Need Distribution Factor

§170.223
What is the Relative Need Distribution Factor (RNDF)?

IRR Inventory and Long-Range Transportation Planning (LRTP)

§170.225
How does the LRTP process relate to the IRR Inventory?
§170.226
How will this part affect the IRR Inventory?
§170.227
How does BIA develop and use the IRR Inventory?
§170.228
Are all facilities included in the IRR Inventory used to calculate CTC?

General Data Appeals

§170.231
May a tribe challenge the data BIA uses in the RNDF?
§170.232
How does a tribe appeal a disapproval from the BIA Regional Director?

Flexible Financing

§170.300
May tribes use flexible financing to finance IRR transportation projects?
§170.301
Can a tribe use IRR Program funds to leverage other funds or pay back loans?
§170.302
Can BIA regional offices borrow IRR Program funds from each other?
§170.303
Can a tribe apply for loans or credit from a State infrastructure bank?
Appendix
Appendix A to Subpart C—IRR High Priority Project Scoring Matrix
Appendix
Appendix B to Subpart C—Population Adjustment Factor
Appendix
Appendix C to Subpart C—Relative Need Distribution Factor
Appendix
Appendix D to Subpart C—Cost To Construct
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Subpart D—PLANNING, DESIGN, AND CONSTRUCTION OF INDIAN RESERVATION ROADS PROGRAM FACILITIES

Transportation Planning

§170.400
What is the purpose of transportation planning?
§170.401
What is BIA's role in transportation planning?
§170.402
What is the tribal role in transportation planning?
§170.403
What IRR Program funds can be used for transportation planning?
§170.404
What happens when a tribe uses its IRR Program construction funds for transportation planning?
§170.405
Can tribal transportation planning funds be used for road construction and other projects?
§170.406
How must tribes use planning funds?
§170.407
What happens to unobligated planning funds?

Long-Range Transportation Planning

§170.410
What is the purpose of tribal long-range transportation planning?
§170.411
What may a long-range transportation plan include?
§170.412
How is the tribal IRR 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 is pre-project planning?

Transportation Improvement Program

§170.420
What is the tribal priority list?
§170.421
What is the Tribal Transportation Improvement Program (TTIP)?
§170.422
What is the IRR Transportation Improvement Program (IRRTIP)?
§170.423
How are projects placed on the IRRTIP?
§170.424
How does the public participate in developing the IRRTIP?
§170.425
How does BIA update the IRRTIP?
§170.426
What is the approval process for the IRRTIP?
§170.427
How may an IRRTIP be amended?
§170.428
How is the State Transportation Improvement Program related to the IRRTIP?

Public Hearings

§170.435
How does BIA or the tribe determine the need for a public hearing?
§170.436
How are public hearings for IRR planning and projects funded?
§170.437
How must BIA or a tribe inform the public when no hearing is held?
§170.438
How must BIA 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?

IRR Inventory

§170.442
What is the IRR Inventory?
§170.443
How can a tribe list a proposed transportation facility in the IRR Inventory?
§170.444
How is the IRR Inventory updated?
§170.445
What is a strip map?

Environmental and Archeological Requirements

§170.450
What archeological and environmental requirements must the IRR Program meet?
§170.451
Can IRR Program funds be used for archeological and environmental compliance?

Design

§170.454
What design standards are used in the IRR Program?
§170.455
How are design standards used in IRR projects?
§170.456
When can a tribe request an exception from the design standards?
§170.457
Can a tribe appeal a denial?

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?
§170.462
When may a self-determination contract or self-governance agreement include PS&E review and approval?
§170.463
What should the Secretary do if a design deficiency is identified?

Construction and Construction Monitoring

§170.470
What are the IRR construction standards?
§170.471
How are projects administered?
§170.472
What construction records must tribes and BIA keep?
§170.473
What happens when a construction project ends?
§170.474
Who conducts the project closeout?

Program Reviews and Management Systems

§170.500
What program reviews do the Secretaries conduct?
§170.501
What happens when the review process identifies areas for improvement?
§170.502
Are management systems required for the IRR Program?
§170.503
How are IRR Program management systems funded?

Bridge Inspection

§170.504
When and how are bridge inspections performed?
§170.505
How must bridge inspections be coordinated?
§170.506
What are the minimum qualifications for certified bridge inspectors?
§170.507
Who reviews bridge inspection reports?
Appendix
Appendix A to Subpart D—Cultural Resource and Environmental Requirements for the IRR Program
Appendix
Appendix B to Subpart D—Design Standards for the IRR Program
rule

Subpart E—SERVICE DELIVERY FOR INDIAN RESERVATION ROADS

Funding Process

§170.600
What must BIA include in the notice of availability of funds?
§170.601
What happens to the unused portion of IRR Program management and oversight funds reserved by the Secretary?
§170.602
If a tribe incurs unforeseen construction costs, can it get additional funds?

Miscellaneous Provisions

§170.605
When may BIA use force account methods in the IRR Program?
§170.606
How do legislation and procurement requirements affect the IRR Program?
§170.607
Can a tribe use its allocation of IRR Program funds for contract support costs?
§170.608
Can a tribe pay contract support costs from Department of the Interior or BIA appropriations?

Contracts and Agreements Under ISDEAA

§170.610
What IRR Program functions may a tribe assume under ISDEAA?
§170.611
What special provisions apply to ISDEAA contracts and agreements?
§170.612
How are non-contractible functions funded?
§170.613
When does BIA determine the amount of funds needed for non-contractible non-project related functions?
§170.614
Can a tribe receive funds before BIA publishes the notice of funding availability?
§170.615
Can a tribe receive advance payments for non-construction activities?
§170.616
How are advance payments made when additional IRR Program funds are made available after execution of the self-governance agreement?
§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 IRR Program funding?
§170.620
How do ISDEAA's Indian preference provisions apply?
§170.621
What if a tribe fails to substantially perform work under a contract or agreement?
§170.622
What IRR programs, functions, services, and activities are subject to the self-governance construction regulations?
§170.623
How are IRR Program 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
Appendix A to Subpart E—IRR Program Functions That Are Not Otherwise Contractible
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Subpart F—PROGRAM OVERSIGHT AND ACCOUNTABILITY

§170.700
What is the IRR Program stewardship plan?
§170.701
May a direct service tribe and BIA Region sign a Memorandum of Understanding?
§170.702
What activities may the Secretary review and monitor?
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Subpart G—BIA ROAD MAINTENANCE

§170.800
Who owns IRR transportation facilities?
§170.801
What is the BIA Road Maintenance Program?
§170.802
How is road maintenance funded?
§170.803
What facilities are eligible under the BIA Road Maintenance Program?
§170.804
How is BIA's Road Maintenance Program related to the IRR Program?
§170.805
What are the local, tribal, and BIA roles in transportation facility maintenance?
§170.806
What is an IRR Transportation Facilities Maintenance Management System?
§170.807
What must BIA include when it develops an IRR Transportation Facilities Maintenance Management System?
§170.808
Can BIA Road Maintenance Program funds be used to improve IRR transportation facilities?
§170.809
Can a tribe perform road maintenance under a self-determination contract or self-governance agreement?
§170.810
To what standards must an IRR transportation facility be maintained?
§170.811
What happens if lack of funds results in inadequate maintenance?
§170.812
What is emergency maintenance?
§170.813
When can access to IRR transportation facilities be restricted?
Appendix
Appendix A to Subpart G—List of Activities Eligible for Funding Under BIA Transportation Facility Maintenance Program
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Subpart H—MISCELLANEOUS PROVISIONS

Hazardous and Nuclear Waste Transportation

§170.900
What is the purpose of the provisions relating to transportation of hazardous and nuclear waste?
§170.901
What standards govern transportation of radioactive and hazardous materials?
§170.902
What is the role of State, tribal, and local governments?
§170.903
Who notifies tribes of the transport of radioactive waste?
§170.904
Who responds to an accident involving a radioactive or hazardous materials shipment?
§170.905
How can tribes obtain training in handling hazardous material?
§170.906
Who cleans up radioactive and hazardous material spills?

Reporting Requirements and Indian Preference

§170.910
What information on the IRR Program or projects must BIA 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 an IRR project budget?
§170.916
May tribes impose taxes or fees on those performing IRR Program services?
§170.917
Can tribes receive direct payment of tribal employment taxes or fees?

Emergency Relief

§170.920
What is the purpose of the provisions relating to emergency relief?
§170.921
What emergency or disaster assistance programs are available?
§170.922
How can States get Emergency Relief Program funds to repair IRR System damage?
§170.923
What qualifies for ERFO funding?
§170.924
What happens if DOT denies an ERFO claim?
§170.925
Is ERFO funding supplemental to IRR Program funding?
§170.926
Can a tribe administer approved ERFO repairs under a self-determination contract or a self-governance agreement?
§170.927
How can FEMA Program funds be used to repair damage?

Tribal Transportation Departments

§170.930
What is a tribal transportation department?
§170.931
Can tribes use IRR Program 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 a tribe's Welfare-to-Work, Temporary Assistance to Needy Families, and other quality-of-life improvement programs?


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