 |
|
 |
Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of November 19, 2009
TITLE 25--Indians
CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
SUBCHAPTER H--LAND AND WATER
PART 170--INDIAN RESERVATION ROADS PROGRAM
Subpart A--POLICIES, APPLICABILITY, AND DEFINITIONS
|
| What is the IRR Program and BIA Road Maintenance Program policy? |
|
|
| When do other requirements apply to the IRR Program? |
|
|
| What is the effect of this part on existing tribal rights? |
|
|
| What definitions apply to this part? |
|
Subpart B--INDIAN RESERVATION ROADS PROGRAM POLICY AND ELIGIBILITY
|
| What do the terms ''consultation, collaboration, and coordination'' mean? |
|
|
| What is the IRR Program consultation and coordination policy? |
|
|
| How do the Departments consult, collaborate, and coordinate with tribal governments? |
|
|
| What goals and principles guide the Secretaries? |
|
|
| Must the Secretary consult with tribal governments before obligating IRR Program funds? |
|
|
| 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 Indian tribes and BIA consult with States' planning organizations and local governments in the development of their IRRTIP? |
|
|
| How do the Secretaries prevent discrimination or adverse impacts? |
|
|
| How can State and local governments prevent discrimination or adverse impacts? |
|
|
| What can a tribe do if discrimination or adverse impacts occur? |
|
|
| What activities may be funded with IRR Program funds? |
|
|
| What activities are not eligible for IRR Program funding? |
|
|
| How can a tribe determine whether a new use of funds is allowable? |
|
|
| What restrictions apply to the use of an Indian Reservation Road? |
|
|
| What is a cultural access road? |
|
|
| Can a tribe close a cultural access road? |
|
|
| What are seasonal transportation routes? |
|
|
| Does the IRR Program cover seasonal transportation routes? |
|
|
| What terms apply to access roads? |
|
|
| Are housing access roads and housing streets eligible for IRR Program funding? |
|
|
| How can tribes use Federal highway funds for toll and ferry facilities? |
|
|
| How can a tribe find out more about designing and operating a toll facility? |
|
|
| When can a tribe use IRR Program funds for airport facilities? |
|
|
| 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? |
|
|
| What Federal funds are available for a tribe's highway safety activities? |
|
|
| How can tribes obtain funds to perform highway safety projects? |
|
|
| How can IRR Program funds be used for highway safety? |
|
|
| What are eligible highway safety projects? |
|
|
| Are other funds available for a tribe's highway safety efforts? |
|
|
| What is a tribal transit program? |
|
|
| How do tribes identify transit needs? |
|
|
| What Federal funds are available for a tribe's transit program? |
|
|
| May a tribe or BIA use IRR Program funds as matching funds? |
|
|
| What transit facilities and activities are eligible for IRR Program funding? |
|
|
| What is the IRR Program Coordinating Committee? |
|
|
| What are the IRR Program Coordinating Committee's responsibilities? |
|
|
| What is the IRR Program Coordinating Committee's role in the funding process? |
|
|
| How does the IRR Program Coordinating Committee conduct business? |
|
|
| What is the Indian Local Technical Assistance Program? |
|
|
| How is the Indian LTAP funded? |
|
|
| How are Indian LTAP recipients selected? |
|
|
| How are tribal representatives nominated and chosen for the selection committee? |
|
|
| May a tribe enter into a contract or agreement for Indian LTAP funds? |
|
|
| What services do Indian LTAP centers provide? |
|
|
| How does a tribe obtain services from an Indian LTAP center? |
|
|
| Do Indian LTAP centers offer services similar to those of State LTAPs? |
|
|
| What can a tribe do if Indian LTAP services are unsatisfactory? |
|
|
| How are Indian LTAP centers managed? |
|
|
| How are tribal advisory technical panel members selected? |
|
|
| What Indian LTAP-sponsored transportation training and educational opportunities exist? |
|
|
| Where can tribes get scholarships and tuition for Indian LTAP-sponsored education and training? |
|
Subpart C--INDIAN RESERVATION ROADS PROGRAM FUNDING
|
| How does BIA allocate IRR Program funds? |
|
|
| How does BIA allocate and distribute tribal transportation planning funds? |
|
|
| Does the Relative Need Distribution Factor allocate funding among tribes? |
|
|
| What is an IRR High Priority Project (IRRHPP)? |
|
|
| How is an emergency/disaster defined? |
|
|
| What is the intent of IRRHPP emergency/disaster funding? |
|
|
| What funding is available for IRRHPP? |
|
|
| How will IRRHPP applications be ranked and funded? |
|
|
| How may a tribe apply for IRRHPP? |
|
|
| What is the IRRHPP Funding Priority List? |
|
|
| What is the timeline for IRRHPPs? |
|
|
| How long are IRRHPP funds available for a project? |
|
|
| How does award of an emergency/disaster project affect projects on the FPL? |
|
|
| What is the Population Adjustment Factor? |
|
|
| What funding is available for distribution using the PAF? |
|
|
| What is the Relative Need Distribution Factor (RNDF)? |
|
|
| How does the LRTP process relate to the IRR Inventory? |
|
|
| How will this part affect the IRR Inventory? |
|
|
| How does BIA develop and use the IRR Inventory? |
|
|
| Are all facilities included in the IRR Inventory used to calculate CTC? |
|
|
| May a tribe challenge the data BIA uses in the RNDF? |
|
|
| How does a tribe appeal a disapproval from the BIA Regional Director? |
|
|
| May tribes use flexible financing to finance IRR transportation projects? |
|
|
| Can a tribe use IRR Program funds to leverage other funds or pay back loans? |
|
|
| Can BIA regional offices borrow IRR Program funds from each other? |
|
|
| Can a tribe apply for loans or credit from a State infrastructure bank? |
|
Subpart D--PLANNING, DESIGN, AND CONSTRUCTION OF INDIAN RESERVATION ROADS PROGRAM FACILITIES
|
| What is the purpose of transportation planning? |
|
|
| What is BIA's role in transportation planning? |
|
|
| What is the tribal role in transportation planning? |
|
|
| What IRR Program funds can be used for transportation planning? |
|
|
| What happens when a tribe uses its IRR Program construction funds for transportation planning? |
|
|
| Can tribal transportation planning funds be used for road construction and other projects? |
|
|
| How must tribes use planning funds? |
|
|
| What happens to unobligated planning funds? |
|
|
| What is the purpose of tribal long-range transportation planning? |
|
|
| What may a long-range transportation plan include? |
|
|
| How is the tribal IRR long-range transportation plan developed and approved? |
|
|
| What is the public role in developing the long-range transportation plan? |
|
|
| How is the tribal long-range transportation plan used and updated? |
|
|
| What is pre-project planning? |
|
|
| What is the tribal priority list? |
|
|
| What is the Tribal Transportation Improvement Program (TTIP)? |
|
|
| What is the IRR Transportation Improvement Program (IRRTIP)? |
|
|
| How are projects placed on the IRRTIP? |
|
|
| How does the public participate in developing the IRRTIP? |
|
|
| How does BIA update the IRRTIP? |
|
|
| What is the approval process for the IRRTIP? |
|
|
| How may an IRRTIP be amended? |
|
|
| How is the State Transportation Improvement Program related to the IRRTIP? |
|
|
| How does BIA or the tribe determine the need for a public hearing? |
|
|
| How are public hearings for IRR planning and projects funded? |
|
|
| How must BIA or a tribe inform the public when no hearing is held? |
|
|
| How must BIA or a tribe inform the public 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? |
|
|
| What is the IRR Inventory? |
|
|
| How can a tribe list a proposed transportation facility in the IRR Inventory? |
|
|
| How is the IRR Inventory updated? |
|
|
| What archeological and environmental requirements must the IRR Program meet? |
|
|
| Can IRR Program funds be used for archeological and environmental compliance? |
|
|
| What design standards are used in the IRR Program? |
|
|
| How are design standards used in IRR projects? |
|
|
| When can a tribe request an exception from the design standards? |
|
|
| Can a tribe appeal a denial? |
|
|
| What must a project package include? |
|
|
| May a tribe approve plans, specifications, and estimates? |
|
|
| When may a self-determination contract or self-governance agreement include PS&E review and approval? |
|
|
| What should the Secretary do if a design deficiency is identified? |
|
|
| What are the IRR construction standards? |
|
|
| How are projects administered? |
|
|
| What construction records must tribes and BIA keep? |
|
|
| What happens when a construction project ends? |
|
|
| Who conducts the project closeout? |
|
|
| What program reviews do the Secretaries conduct? |
|
|
| What happens when the review process identifies areas for improvement? |
|
|
| Are management systems required for the IRR Program? |
|
|
| How are IRR Program management systems funded? |
|
|
| When and how are bridge inspections performed? |
|
|
| How must bridge inspections be coordinated? |
|
|
| What are the minimum qualifications for certified bridge inspectors? |
|
|
| Who reviews bridge inspection reports? |
|
Subpart E--SERVICE DELIVERY FOR INDIAN RESERVATION ROADS
|
| What must BIA include in the notice of availability of funds? |
|
|
| What happens to the unused portion of IRR Program management and oversight funds reserved by the Secretary? |
|
|
| If a tribe incurs unforeseen construction costs, can it get additional funds? |
|
|
| When may BIA use force account methods in the IRR Program? |
|
|
| How do legislation and procurement requirements affect the IRR Program? |
|
|
| Can a tribe use its allocation of IRR Program funds for contract support costs? |
|
|
| Can a tribe pay contract support costs from Department of the Interior or BIA appropriations? |
|
|
| What IRR Program functions may a tribe assume under ISDEAA? |
|
|
| What special provisions apply to ISDEAA contracts and agreements? |
|
|
| How are non-contractible functions funded? |
|
|
| When does BIA determine the amount of funds needed for non-contractible non-project related functions? |
|
|
| Can a tribe receive funds before BIA publishes the notice of funding availability? |
|
|
| Can a tribe receive advance payments for non-construction activities? |
|
|
| How are advance payments made when additional IRR Program funds are made available after execution of the self-governance agreement? |
|
|
| 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 IRR Program funding? |
|
|
| How do ISDEAA's Indian preference provisions apply? |
|
|
| What if a tribe fails to substantially perform work under a contract or agreement? |
|
|
| What IRR programs, functions, services, and activities are subject to the self-governance construction regulations? |
|
|
| How are IRR Program 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? |
|
Subpart F--PROGRAM OVERSIGHT AND ACCOUNTABILITY
|
| What is the IRR Program stewardship plan? |
|
|
| May a direct service tribe and BIA Region sign a Memorandum of Understanding? |
|
|
| What activities may the Secretary review and monitor? |
|
Subpart G--BIA ROAD MAINTENANCE
|
| Who owns IRR transportation facilities? |
|
|
| What is the BIA Road Maintenance Program? |
|
|
| How is road maintenance funded? |
|
|
| What facilities are eligible under the BIA Road Maintenance Program? |
|
|
| How is BIA's Road Maintenance Program related to the IRR Program? |
|
|
| What are the local, tribal, and BIA roles in transportation facility maintenance? |
|
|
| What is an IRR Transportation Facilities Maintenance Management System? |
|
|
| What must BIA include when it develops an IRR Transportation Facilities Maintenance Management System? |
|
|
| Can BIA Road Maintenance Program funds be used to improve IRR transportation facilities? |
|
|
| Can a tribe perform road maintenance under a self-determination contract or self-governance agreement? |
|
|
| To what standards must an IRR transportation facility be maintained? |
|
|
| What happens if lack of funds results in inadequate maintenance? |
|
|
| What is emergency maintenance? |
|
|
| When can access to IRR transportation facilities be restricted? |
|
|
| Appendix A to Subpart G
--List of Activities Eligible for Funding Under BIA Transportation Facility Maintenance Program |
|
Subpart H--MISCELLANEOUS PROVISIONS
|
| What is the purpose of the provisions relating to transportation of hazardous and nuclear waste? |
|
|
| What standards govern transportation of radioactive and hazardous materials? |
|
|
| What is the role of State, tribal, and local governments? |
|
|
| Who notifies tribes of the transport of radioactive waste? |
|
|
| Who responds to an accident involving a radioactive or hazardous materials shipment? |
|
|
| How can tribes obtain training in handling hazardous material? |
|
|
| Who cleans up radioactive and hazardous material spills? |
|
|
| What information on the IRR Program or projects must BIA provide to tribes? |
|
|
| 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 an IRR project budget? |
|
|
| May tribes impose taxes or fees on those performing IRR Program services? |
|
|
| Can tribes receive direct payment of tribal employment taxes or fees? |
|
|
| What is the purpose of the provisions relating to emergency relief? |
|
|
| What emergency or disaster assistance programs are available? |
|
|
| How can States get Emergency Relief Program funds to repair IRR System damage? |
|
|
| What qualifies for ERFO funding? |
|
|
| What happens if DOT denies an ERFO claim? |
|
|
| Is ERFO funding supplemental to IRR Program funding? |
|
|
| Can a tribe administer approved ERFO repairs under a self-determination contract or a self-governance agreement? |
|
|
| How can FEMA Program funds be used to repair damage? |
|
|
| What is a tribal transportation department? |
|
|
| Can tribes use IRR Program funds to pay tribal transportation department operating costs? |
|
|
| Are there other funding sources for tribal transportation departments? |
|
|
| Can tribes regulate oversize or overweight vehicles? |
|
|
| Are alternative dispute resolution procedures available? |
|
|
| How does a direct service tribe begin the alternative dispute resolution process? |
|
|
| May tribes become involved in transportation research? |
|
|
| 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? |
|
|
