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e-CFR data is current as of August 12, 2020

Title 25Chapter ISubchapter HPart 170


TITLE 25—Indians

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

SUBCHAPTER H—LAND AND WATER

PART 170—TRIBAL TRANSPORTATION PROGRAM

rule

Subpart A—POLICIES, APPLICABILITY, AND DEFINITIONS

§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
Acronyms.
§170.7
Information collection.
rule

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?
§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 Site or Area Entry Roads

§170.114
What restrictions apply to the use of a Tribal transportation facility?
§170.115
What is a cultural site or area entry road?
§170.116
Can a Tribe close a cultural site or area entry road?

Seasonal Transportation Routes

§170.117
Can TTP funds be used on seasonal transportation routes?

TTP Housing Site or Area Entry Roads

§170.118
What terms apply to TTP housing site or area entry roads?
§170.119
Are housing site or area entry 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?

TTP Safety

§170.127
What are the TTP Safety Funds?
§170.128
What activities are eligible for TTP-S funds?
§170.129
How will Tribes receive TTP-S funds?
§170.130
How can Tribes obtain non-TTP funds for 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
Appendix A to Subpart B of Part 170—Allowable Uses of TTP funds
Appendix
Appendix B to Subpart B of Part 170—Sources of Tribal Transportation Training and Education Opportunities
rule

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 are Tribal transportation planning funds provided to Tribes?
§170.204
What restrictions apply to TTP funds provided to Tribes?
§170.205
What is the timeframe for distributing TTP funds?

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 to 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?

TTP Data Reporting

§170.240
What TTP project and activity data must be submitted annually to the Secretaries?
rule

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?
§§170.406-170.408
[Reserved]
§170.409
What is the purpose of long-range transportation planning?
§170.410
How does a long-range transportation plan relate to the NTTFI?
§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's 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?

Tribal Transportation Improvement Programs

§170.421
What is the Tribal Transportation Improvement Program (TTIP)?
§170.422
How does the public participate in developing the TTIP?
§170.423
How are annual updates or amendments to the TTIP conducted?
§170.424
What is the TTP Transportation Improvement Program (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 of 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?

National Tribal Transportation 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
[Reserved]
§170.446
What minimum attachments are required for an NTTFI submission?
§170.447
How are the allowable lengths of access roads in the NTTFI determined?

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?
§170.453
Do the Categorical Exclusions under the National Environmental Policy Act (NEPA) and the regulations at 23 CFR 771 apply to TTP activities?

Design

§170.454
What design standards are used in the TTP?
§170.455
What other factors must influence project design?
§170.456
How 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?
§170.463
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?

Tribal Transportation Facility Bridges

§170.510
What funds are available for Tribal Transportation Facility 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?
Appendix
Appendix A to Subpart D of Part 170—Cultural Resource and Environmental Requirements for the TTP
Appendix
Appendix B to Subpart D of Part 170—Design Standards for the TTP
rule

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 force-account 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
Which 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?
§170.613
What funds are used to pay for non-contractible functions and activities?
§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 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?
§170.627
Can non-TTP funds be provided to a Tribe through an FHWA Program Agreement, BIA TTP Agreement or other appropriate agreement?
Appendix
Appendix to Subpart E of Part 170—List of Program Functions That Cannot Be Subcontracted
rule

Subpart F—PROGRAM OVERSIGHT AND ACCOUNTABILITY

§170.700
What is the TTP 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?
rule

Subpart G—MAINTENANCE

§170.800
What funds are available for maintenance activities?
§170.801
Can TTP funds designated on an FHWA-approved TTIP for maintenance be used to improve TTP transportation facilities?
§170.802
Can a Tribe perform road maintenance?
§170.803
To what standards must a Tribal transportation facility be maintained?
§170.804
Who should be contacted if a Tribal transportation facility is not being maintained to TTP standards due to insufficient funding?
§170.805
What maintenance activities are eligible for TTP funding?
Appendix
Appendix to Subpart G of Part 170—List of Eligible Maintenance Activities Under the Tribal Transportation Programf
rule

Subpart H—MISCELLANEOUS PROVISIONS

Reporting Requirements and Indian Preference

§170.910
What information on the TTP or projects must BIA or FHWA provide?
§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 programs?

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