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e-CFR data is current as of February 26, 2021

Title 25Chapter ISubchapter HPart 170

TITLE 25—Indians






What does this part do?
What policies govern the TTP?
When do other requirements apply to the TTP?
How does this part affect 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 TTP consultation and coordination policy?
What goals and principles guide program implementation?
Is consultation with Tribal governments required before obligating TTP funds for direct service activities?
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 Tribes and BIA consult with planning organizations and local governments in developing projects?
How do the Secretaries prevent discrimination or adverse impacts?
How can State and local governments prevent discrimination or adverse impacts?
What if discrimination or adverse impacts occur?

Eligible Uses of TTP Funds

What activities may be carried out using TTP funds?
What activities are not eligible for TTP funding?
How can a Tribe determine whether a new use of funds is allowable?

Use of TTP and Cultural Site or Area Entry Roads

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

Seasonal Transportation Routes

Can TTP funds be used on seasonal transportation routes?

TTP Housing Site or Area Entry Roads

What terms apply to TTP housing site or area entry roads?
Are housing site or area entry roads and housing streets eligible for TTP funding?

Toll, Ferry, and Airport Facilities

How can Tribes use Federal highway funds for toll and ferry facilities?
Where is information about designing and operating a toll facility available?
When can a Tribe use TTP 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?

TTP Safety

What are the TTP Safety Funds?
What activities are eligible for TTP-S funds?
How will Tribes receive TTP-S funds?
How can Tribes obtain non-TTP funds for highway safety projects?

Transit Facilities

How do Tribes identify transit needs?
What Federal funds are available for a Tribe's transit program?
May a Tribe or BIA use TTP funds as matching funds?
What transit facilities and activities are eligible for TTP funding?

TTP Coordinating Committee

What is the TTP Coordinating Committee?
What are the TTP Coordinating Committee's responsibilities?
How does the TTP Coordinating Committee conduct business?

Tribal Technical Assistance Centers

What are Tribal Technical Assistance Centers?
Appendix A to Subpart B of Part 170—Allowable Uses of TTP funds
Appendix B to Subpart B of Part 170—Sources of Tribal Transportation Training and Education Opportunities


How do BIA and FHWA determine the TTP funding amount?
What is the statutory distribution formula for Tribal shares?
How do BIA and FHWA determine and distribute the Tribal supplemental program funds?
How are Tribal transportation planning funds provided to Tribes?
What restrictions apply to TTP funds provided to Tribes?
What is the timeframe for distributing TTP funds?

Formula Data Appeals

How can a Tribe appeal its share calculation?

Flexible Financing

Can Tribes use flexible financing for TTP projects?
Can a Tribe use TTP funds to leverage other funds or to pay back loans?
Can a Tribe apply for loans or credit from a State infrastructure bank?
How long must a project financed through flexible financing remain on a TTPTIP?

TTP Data Reporting

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


Transportation Planning

What is the purpose of transportation planning?
What are BIA's and FHWA's roles in transportation planning?
What is the Tribal role in transportation planning?
What TTP funds can be used for transportation planning?
Can Tribes use transportation planning funds for other activities?
How must Tribes use planning funds?
What is the purpose of long-range transportation planning?
How does a long-range transportation plan relate to the NTTFI?
What should a long-range transportation plan include?
How is the Tribal TTP long-range transportation plan developed and approved?
What is the public's role in developing the long-range transportation plan?
How is the Tribal long-range transportation plan used and updated?
What are pre-project planning and project identification studies?
What is the Tribal priority list?

Tribal Transportation Improvement Programs

What is the Tribal Transportation Improvement Program (TTIP)?
How does the public participate in developing the TTIP?
How are annual updates or amendments to the TTIP conducted?
What is the TTP Transportation Improvement Program (TTPTIP)?

Public Hearings

When is a public hearing required?
How are public hearings for TTP planning and projects funded?
If there is no hearing, how must BIA, FHWA, or a Tribe inform the public?
How must BIA, FHWA, or a Tribe inform the public of 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?

National Tribal Transportation Facility Inventory

What is the National Tribal Transportation Facility Inventory?
What is required to successfully include a proposed transportation facility in the NTTFI?
How is the NTTFI updated?
What minimum attachments are required for an NTTFI submission?
How are the allowable lengths of access roads in the NTTFI determined?

Environmental and Archeological Requirements

What archeological and environmental requirements must the TTP meet?
Can TTP funds be used for archeological and environmental compliance?
When can TTP funds be used for archeological and environmental activities?
Do the Categorical Exclusions under the National Environmental Policy Act (NEPA) and the regulations at 23 CFR 771 apply to TTP activities?


What design standards are used in the TTP?
What other factors must influence project design?
How 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?
What if a design deficiency is identified?

Construction and Construction Monitoring

Which construction standards must Tribes use?
How are projects administered?
What construction records must Tribes and BIA keep?
When is a project complete?
Who conducts the project closeout?

Management Systems

Are nationwide management systems required for the TTP?

Tribal Transportation Facility Bridges

What funds are available for Tribal Transportation Facility Bridge activities?
What activities are eligible for Tribal Transportation Facility Bridge funds?
How will Tribal Transportation Facility Bridge funds be made available to the Tribes?
When and how are bridge inspections performed?
Who reviews bridge inspection reports?
Appendix A to Subpart D of Part 170—Cultural Resource and Environmental Requirements for the TTP
Appendix B to Subpart D of Part 170—Design Standards for the TTP


Funding Process

What must BIA include in the notice of funds availability?
If a Tribe incurs unforeseen construction costs, can it get additional funds?

Miscellaneous Provisions

May BIA or FHWA use force-account methods in the TTP?
How do legislation and procurement requirements affect the TTP?
Can a Tribe use its allocation of TTP funds for contract support costs?
Can a Tribe pay contract support costs from DOI or BIA appropriations?
Can a Tribe receive additional TTP funds for start-up activities?

Contracts and Agreements

Which TTP functions may a Tribe assume?
What special provisions apply to ISDEAA contracts and agreements?
Can non-contractible functions and activities be included in contracts or agreements?
What funds are used to pay for non-contractible functions and activities?
Can a Tribe receive funds before BIA publishes the final notice of funding availability?
Can a Tribe receive advance payments for non-construction activities under the TTP?
How are payments made to Tribes if additional funds are available?
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 TTP funding?
How do ISDEAA's Indian preference provisions apply?
What if a Tribe doesn't perform work under a contract or agreement?
What TTP functions, services, and activities are subject to the self-governance construction regulations?
How are TTP 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?
Can non-TTP funds be provided to a Tribe through an FHWA Program Agreement, BIA TTP Agreement or other appropriate agreement?
Appendix to Subpart E of Part 170—List of Program Functions That Cannot Be Subcontracted


What is the TTP national business plan?
May a direct service Tribe and BIA Region sign a Memorandum of Understanding?
What activities may the Secretaries review and monitor?
What program reviews do the Secretaries conduct?
What happens when the review process identifies areas for improvement?


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


Reporting Requirements and Indian Preference

What information on the TTP or projects must BIA or FHWA provide?
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 a TTP project budget?
May Tribes impose taxes or fees on those performing TTP services?
Can Tribes receive direct payment of Tribal employment taxes or fees?
What applies to the Secretaries' collection of data under the TTP?

Tribal Transportation Departments

What is a Tribal transportation department?
Can Tribes use TTP 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 quality-of-life programs?

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