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e-CFR data is current as of September 24, 2020

Title 25Chapter ISubchapter HPart 170Subpart D → Subject Group

Title 25: Indians
Subpart D—Planning, Design, and Construction of Tribal Transportation Program Facilities

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, 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, the project will be administered in accordance with a self-determination contract, self-governance agreement, Program Agreement or other appropriate agreement and this regulation.

(b) 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.

(c) Only the State-licensed professional engineer of record whose name and professional stamp appear on the PS&E or who is responsible for the overall project design may change a TTP project's 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 keeperRecords that must be keptAccess requirements
(a) TribeAll records required by ISDEAA and 25 CFR 900.130-131 or 25 CFR 1000.243 and 1000.249, as appropriateBIA 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) BIACompleted daily reports of construction activities appropriate to the type of construction it is performingUpon 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 applicable, all documents required by 25 CFR part 169 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) BIAThe 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.
(b) A TribeAgreements negotiated under ISDEAA, 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, or the Program Agreement, 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.

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