25 C.F.R. § app to Subpart E of Part 170
Per § 170.612 , program functions cannot be included in self-determination contracts, self-governance agreements, Program Agreements, or other agreements. Program functions include all of the following:
(a) TTP project-related pre-contracting activities:
(1) Notifying Tribes of available funding including the right of first refusal; and
(2) Providing technical assistance.
(b) TTP project-related contracting activities:
(1) Providing technical assistance;
(2) Reviewing all scopes of work under 25 CFR 900.122 ;
(3) Evaluating proposals and making declination decisions, if warranted;
(4) Performing declination activities;
(5) Negotiating and entering into contracts or agreements with State, Tribal, and local governments and other Federal agencies;
(6) Processing progress payments or contract payments;
(7) Approving contract modifications;
(8) Processing claims and disputes with Tribal governments; and
(9) Closing out contracts or agreements.
(c) Planning activities:
(1) Reviewing and approving TTPTIPs developed by Tribes or other contractors; and
(2) Reviewing and approving TTP LRTPs developed by Tribes or other contractors.
(d) Environmental and historical preservation activities:
(1) Reviewing and approving all items required for environmental compliance; and
(2) Reviewing and approving all items required for archaeological compliance.
(e) Processing rights-of-way:
(1) Reviewing rights-of-way applications and certifications;
(2) Approving rights-of-way documents;
(3) Processing grants and acquisition of rights-of-way requests for Tribal trust and allotted lands under 25 CFR part 169 ;
(4) Responding to information requests;
(5) Reviewing and approving documents attesting that a project was constructed entirely within a right-of-way granted by BIA; and
(6) Performing custodial functions related to storing rights-of-way documents.
(f) Conducting project development and design under 25 CFR 900.131 :
(1) Participating in the plan-in-hand reviews on behalf of BIA as facility owner;
(2) Reviewing and/or approving PS& E for health and safety assurance on behalf of BIA as facility owner;
(3) Reviewing PS& E to assure compliance with NEPA as well as all other applicable Federal laws; and
(4) Reviewing PS& E to assure compliance with or exceeding Federal standards for TTP design and construction.
(g) Construction:
(1) Making application for clean air/clean water permits as facility owner;
(2) Ensuring that all required State/tribal/Federal permits are obtained;
(3) Performing quality assurance activities;
(4) Conducting value engineering activities as facility owner;
(5) Negotiating with contractors on behalf of the Federal Government;
(6) Approving contract modifications/change orders;
(7) Conducting periodic site visits;
(8) Performing all Federal Government-required project-related activities contained in the contract documents and required by 25 CFR parts 900 and 1000;
(9) Conducting activities to assure compliance with safety plans as a jurisdictional responsibility hazardous materials, traffic control, OSHA, etc.;
(10) Participating in final inspection and acceptance of project documents or as-built drawings on behalf of BIA as facility owner; and
(11) Reviewing project closeout activities and reports.
(h) Other activities:
(1) Performing other non-contractible required TTP project activities contained in this part, ISDEAA and part 1000; and
(2) Other title 23 non-project-related management activities.
(i) BIADOT program management:
(1) Developing budget on needs for the TTP;
(2) Developing legislative proposals;
(3) Coordinating legislative activities;
(4) Developing and issuing regulations;
(5) Developing and issuing TTP planning, design, and construction standards;
(6) Developing/revising interagency agreements;
(7) Developing and approving TTP stewardship agreements in conjunction with FHWA;
(8) Developing annual TTP obligation and TTP accomplishments reports;
(9) Developing reports on TTP project expenditures and performance measures for the Government Performance and Results Act (GPRA);
(10) Responding to/maintaining data for congressional inquiries;
(11) Developing and maintaining the funding formula and its database;
(12) Allocating TTP and other transportation funding;
(13) Providing technical assistance to Tribes/Consortiums/tribal organizations/agencies/regions;
(14) Providing national program leadership for other Federal transportation related programs including: Transportation Alternatives Program, Tribal Transportation Assistance Program, Recreational Travel and Tourism, Transit Programs, ERFO Program, and Presidential initiatives;
(15) Participating in and supporting Tribal transportation association meetings;
(16) Coordinating with and monitoring Indian Local Technical Assistance Program centers;
(17) Planning, coordinating, and conducting BIA/tribal training;
(18) Developing information management systems to support consistency in data format, use, etc., with the Secretary of Transportation for the TTP;
(19) Participating in special transportation related workgroups, special projects, task forces and meetings as requested by Tribes;
(20) Participating in national, regional, and local transportation organizations;
(21) Participating in and supporting FHWA Coordinated Technology Implementation program;
(22) Participating in national and regional TTP meetings;
(23) Consulting with Tribes on non-project related TTP issues;
(24) Participating in TTP, process, and product reviews;
(25) Developing and approving national indefinite quantity service contracts;
(26) Assisting and supporting the TTP Coordinating Committee;
(27) Processing TTP bridge program projects and other discretionary funding applications or proposals from Tribes;
(28) Coordinating with FHWA;
(29) Performing stewardship of the TTP;
(30) Performing oversight of the TTP and its funded activities;
(31) Performing any other non-contractible TTP activity included in this part; and
(32) Determining eligibility of new uses of TTP funds.
(j) BIADOT Planning:
(1) Maintaining the official TTP inventory;
(2) Reviewing LRTPs;
(3) Reviewing and approving TTPTIPs;
(4) Maintaining nationwide inventory of TTP strip and atlas maps;
(5) Coordinating with Tribal/State/regional/local governments;
(6) Developing and issuing procedures for management systems;
(7) Distributing approved TTPTIPs to BIA regions;
(8) Coordinating with other Federal agencies as applicable;
(9) Coordinating and processing the funding and repair of damaged tribal roads with FHWA;
(10) Calculating and distributing TTP transportation planning funds to BIA regions;
(11) Reprogramming unused TTP transportation planning funds at the end of the fiscal year;
(12) Monitoring the nationwide obligation of TTP transportation planning funds;
(13) Providing technical assistance and training to BIA regions and Tribes;
(14) Approving atlas maps;
(15) Reviewing TTP inventory information for quality assurance; and
(16) Advising BIA regions and Tribes of transportation funding opportunities.
(k) BIADOT engineering:
(1) Participating in the development of design/construction standards with FHWA;
(2) Developing and approving design/construction/maintenance standards;
(3) Conducting TTP/product reviews; and
(4) Developing and issuing technical criteria for management systems.
(l) BIADOT responsibilities for bridges:
(1) Maintaining the National Bridge Inventory information/database for BIA bridges;
(2) Conducting quality assurance of the bridge inspection program;
(3) Reviewing and processing TTP Bridge Program applications;
(4) Participating in second level review of TTP bridge PS& E; and
(5) Developing criteria for bridge management systems.
(m) BIADOT responsibilities to perform other non-contractible required TTP activities contained in this part.
(n) BIA regional offices program management:
(1) Designating TTP System roads;
(2) Notifying Tribes of available funding;
(3) Developing STIPs;
(4) Providing FHWA-approved TTPTIPs to Tribes;
(5) Providing technical assistance to Tribes/Consortiums/tribal organizations/agencies;
(6) Funding common services as provided as part of the region/agency/BIA Division of Transportation TTP costs;
(7) Processing and investigating non-project related tort claims;
(8) Preparing budgets for BIA regional and agency TTP activities;
(9) Developing/revising interagency agreements;
(10) Developing control schedules/transportation improvement programs;
(11) Developing regional TTP stewardship agreements;
(12) Developing quarterly/annual TTP obligation and program accomplishments reports;
(13) Developing reports on TTP project expenditures and performance measures for Government Performance and Results Act (GPRA);
(14) Responding to/maintaining data for congressional inquiries;
(15) Participating in Indian transportation association meetings;
(16) Participating in Indian Local Technical Assistance Program (LTAP) meetings and workshops;
(17) Participating in BIA/tribal training development highway safety, work zone safety, etc.;
(18) Participating in special workgroups, task forces, and meetings as requested by Tribes and BIA region/agency personnel;
(19) Participating in national, regional, or local transportation organizations meetings and workshops;
(20) Reviewing Coordinated Technology Implementation Program project proposals;
(21) Consulting with Tribal governments on non-project related program issues;
(22) Funding costs for common services as provided as part of BIA TTP region/agency/contracting support costs;
(23) Reviewing TTP atlas maps;
(24) Processing Freedom of Information Act (FOIA) requests;
(25) Monitoring the obligation and expenditure of all TTP funds allocated to the BIA Region;
(26) Performing activities related to the application for ERFO funds, administration, and oversight of the funds; and
(27) Participating in TTP, process, and product reviews.
(o) BIA regional offices' planning:
(1) Coordinating with Tribal/State/regional/local government;
(2) Coordinating and processing the funding and repair of damaged Tribal Transportation Facility roads with Tribes;
(3) Reviewing and approving TTP inventory data;
(4) Maintaining, reviewing, and approving the management systems databases;
(5) Reviewing and approving STIPs; and
(6) Performing Federal responsibilities identified in the TTP Transportation Planning Procedures and Guidelines manual.
(p) BIA regional offices' engineering:
(1) Approving Tribal standards for TTP use;
(2) Developing and implementing new engineering techniques in the TTP; and
(3) Providing technical assistance.
(q) BIA regional offices' responsibilities for bridges:
(1) Reviewing and processing TTP Bridge Program applications;
(2) Reviewing and processing TTP bridge inspection reports and information; and
(3) Ensuring the safe use of roads and bridges.
(r) BIA regional offices' other responsibilities for performing other non-contractible required TTP activities contained in this part.
25 C.F.R. § app to Subpart E of Part 170