Title 25--Indians
CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
PART 170--INDIAN RESERVATION ROADS PROGRAM
|
 |
 | 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. |
 |
 | 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 Programs Funds |
 |
 |
Appendix |
Appendix B to Subpart B--Sources of Tribal Transportation Training and Education Opportunities |
 |
 | 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 Admustment Factor |
 |
 |
Appendix |
Appendix C to Subpart C--Relative Need Distribution Factor |
 |
 |
Appendix |
Appendix D to Subpart C--Cost to Construct |
 |
 | 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 |
 |
 | 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 |
 |
 | 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? |
 |
 | 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 |
 |
 | 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? |