25 C.F.R. PART 170--INDIAN RESERVATION ROADS PROGRAM


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

�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?
�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?
�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?
�170.123
What are seasonal transportation routes?
�170.124
Does the IRR Program cover seasonal transportation routes?
�170.127
What terms apply to access roads?
�170.128
Are housing access roads and housing streets eligible for IRR Program funding?
�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?
�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?
�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?
�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?
�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?
�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?
�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
rule

Subpart C--INDIAN RESERVATION ROADS PROGRAM FUNDING

�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?
�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?
�170.220
What is the Population Adjustment Factor?
�170.221
What funding is available for distribution using the PAF?
�170.223
What is the Relative Need Distribution Factor (RNDF)?
�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?
�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?
�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
rule

Subpart D--PLANNING, DESIGN, AND CONSTRUCTION OF INDIAN RESERVATION ROADS PROGRAM FACILITIES

�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?
�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?
�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?
�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?
�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?
�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?
�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?
�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?
�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?
�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?
�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

�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?
�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?
�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
rule

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?
rule

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
rule

Subpart H--MISCELLANEOUS PROVISIONS

�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?
�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?
�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?
�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?
�170.934
Are alternative dispute resolution procedures available?
�170.935
How does a direct service tribe begin the alternative dispute resolution process?
�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?
rule























chanrobles.com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com