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Title 25Chapter ISubchapter HPart 170

TITLE 25—Indians






What does this part do?
What is the IRR Program and BIA Road Maintenance Program policy?
When do other requirements apply to the IRR Program?
What is the effect of this part on existing tribal rights?
What definitions apply to this part?
Information Collection.


Consultation, Collaboration, Coordination

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

Eligible Uses if IRR Program Funds

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

Use of IRR and Cultural Access Roads

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

Seasonal Transportation Routes

What are seasonal transportation routes?
Does the IRR Program cover seasonal transportation routes?

IRR Housing Access Roads

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

Toll, Ferry and Airport Facilities

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

Recreation, Tourism and Trails

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

Highway Safety Functions

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

Transit Facilities

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

IRR Program Coordinating Committee

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

Indian Local Technical Assistance Program

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

Indian LTAP-Sponsored Education and Training Opportunities

What Indian LTAP-sponsored transportation training and educational opportunities exist?
Where can tribes get scholarships and tuition for Indian LTAP-sponsored education and training?
Appendix A to Subpart B of Part 170—Allowable Uses of IRR Program Funds
Appendix B to Subpart B of Part 170—Sources of Tribal Transportation Training and Education Opportunities


Tribal Transportation Allocation Methodology (TTAM)

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

IRR High Priority Project (IRRHPP)

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

Population Adjustment Factor

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

Relative Need Distribution Factor

What is the Relative Need Distribution Factor (RNDF)?

IRR Inventory and Long-Range Transportation Planning (LRTP)

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

General Data Appeals

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

Flexible Financing

May tribes use flexible financing to finance IRR transportation projects?
Can a tribe use IRR Program funds to leverage other funds or pay back loans?
Can BIA regional offices borrow IRR Program funds from each other?
Can a tribe apply for loans or credit from a State infrastructure bank?
Appendix A to Subpart C—IRR High Priority Project Scoring Matrix
Appendix B to Subpart C of Part 170—Population Adjustment Factor
Appendix C to Subpart C of Part 170—Relative Need Distribution Factor
Appendix D to Subpart C of Part 170—Cost To Construct


Transportation Planning

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

Long-Range Transportation Planning

What is the purpose of tribal long-range transportation planning?
What may a long-range transportation plan include?
How is the tribal IRR long-range transportation plan developed and approved?
What is the public role in developing the long-range transportation plan?
How is the tribal long-range transportation plan used and updated?
What is pre-project planning?

Transportation Improvement Program

What is the tribal priority list?
What is the Tribal Transportation Improvement Program (TTIP)?
What is the IRR Transportation Improvement Program (IRRTIP)?
How are projects placed on the IRRTIP?
How does the public participate in developing the IRRTIP?
How does BIA update the IRRTIP?
What is the approval process for the IRRTIP?
How may an IRRTIP be amended?
How is the State Transportation Improvement Program related to the IRRTIP?

Public Hearings

How does BIA or the tribe determine the need for a public hearing?
How are public hearings for IRR planning and projects funded?
How must BIA or a tribe inform the public when no hearing is held?
How must BIA or a tribe inform the public when a hearing is held?
How is a public hearing conducted?
How can the public learn the results of a public hearing?
Can a decision resulting from a hearing be appealed?

IRR Inventory

What is the IRR Inventory?
How can a tribe list a proposed transportation facility in the IRR Inventory?
How is the IRR Inventory updated?
What is a strip map?

Environmental and Archeological Requirements

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


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

Review and Approval of Plans, Specifications, and Estimates

What must a project package include?
May a tribe approve plans, specifications, and estimates?
When may a self-determination contract or self-governance agreement include PS&E review and approval?
What should the Secretary do if a design deficiency is identified?

Construction and Construction Monitoring

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

Program Reviews and Management Systems

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

Bridge Inspection

When and how are bridge inspections performed?
How must bridge inspections be coordinated?
What are the minimum qualifications for certified bridge inspectors?
Who reviews bridge inspection reports?
Appendix A to Subpart D of Part 170—Cultural Resource and Environmental Requirements for the IRR Program
Appendix B to Subpart D of Part 170—Design Standards for the IRR Program


Funding Process

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

Miscellaneous Provisions

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

Contracts and Agreements Under ISDEAA

What IRR Program functions may a tribe assume under ISDEAA?
What special provisions apply to ISDEAA contracts and agreements?
How are non-contractible functions funded?
When does BIA determine the amount of funds needed for non-contractible non-project related functions?
Can a tribe receive funds before BIA publishes the notice of funding availability?
Can a tribe receive advance payments for non-construction activities?
How are advance payments made when additional IRR Program funds are made available after execution of the self-governance agreement?
May a tribe include a contingency in its proposal budget?
Can a tribe keep savings resulting from project administration?
Do tribal preference and Indian preference apply to IRR Program funding?
How do ISDEAA's Indian preference provisions apply?
What if a tribe fails to substantially perform work under a contract or agreement?
What IRR programs, functions, services, and activities are subject to the self-governance construction regulations?
How are IRR Program projects and activities included in a self-governance agreement?
Is technical assistance available?
What regulations apply to waivers?
How does a tribe request a waiver of a Department of Transportation regulation?
Appendix A to Subpart E of Part 170—IRR Program Functions That Are Not Otherwise Contractible


What is the IRR Program stewardship plan?
May a direct service tribe and BIA Region sign a Memorandum of Understanding?
What activities may the Secretary review and monitor?


Who owns IRR transportation facilities?
What is the BIA Road Maintenance Program?
How is road maintenance funded?
What facilities are eligible under the BIA Road Maintenance Program?
How is BIA's Road Maintenance Program related to the IRR Program?
What are the local, tribal, and BIA roles in transportation facility maintenance?
What is an IRR Transportation Facilities Maintenance Management System?
What must BIA include when it develops an IRR Transportation Facilities Maintenance Management System?
Can BIA Road Maintenance Program funds be used to improve IRR transportation facilities?
Can a tribe perform road maintenance under a self-determination contract or self-governance agreement?
To what standards must an IRR transportation facility be maintained?
What happens if lack of funds results in inadequate maintenance?
What is emergency maintenance?
When can access to IRR transportation facilities be restricted?
Appendix A to Subpart G of Part 170—List of Activities Eligible for Funding Under BIA Transportation Facility Maintenance Program


Hazardous and Nuclear Waste Transportation

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

Reporting Requirements and Indian Preference

What information on the IRR Program or projects must BIA provide to tribes?
Are Indians entitled to employment and training preferences?
Does Indian employment preference apply to Federal-aid Highway Projects?
Do tribal-specific employment rights and contract preference laws apply?
What is the difference between tribal preference and Indian preference?
May tribal employment taxes or fees be included in an IRR project budget?
May tribes impose taxes or fees on those performing IRR Program services?
Can tribes receive direct payment of tribal employment taxes or fees?

Emergency Relief

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

Tribal Transportation Departments

What is a tribal transportation department?
Can tribes use IRR Program funds to pay tribal transportation department operating costs?
Are there other funding sources for tribal transportation departments?
Can tribes regulate oversize or overweight vehicles?

Resolving Disputes

Are alternative dispute resolution procedures available?
How does a direct service tribe begin the alternative dispute resolution process?

Other Miscellaneous Provisions

May tribes become involved in transportation research?
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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