{"data":{"id":"us/25-cfr-appendix-to-subpart-e-of-part-170","jurisdiction":"us","citation":"25 CFR Appendix to Subpart E of Part 170","heading":"Appendix to Subpart E of Part 170—List of Program Functions That Cannot Be Subcontracted","body":"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:\n(a) TTP project-related pre-contracting activities:\n(1) Notifying Tribes of available funding including the right of first refusal; and\n(2) Providing technical assistance.\n(b) TTP project-related contracting activities:\n(1) Providing technical assistance;\n(2) Reviewing all scopes of work under 25 CFR 900.122;\n(3) Evaluating proposals and making declination decisions, if warranted;\n(4) Performing declination activities;\n(5) Negotiating and entering into contracts or agreements with State, Tribal, and local governments and other Federal agencies;\n(6) Processing progress payments or contract payments;\n(7) Approving contract modifications;\n(8) Processing claims and disputes with Tribal governments; and\n(9) Closing out contracts or agreements.\n(c) Planning activities:\n(1) Reviewing and approving TTPTIPs developed by Tribes or other contractors; and\n(2) Reviewing and approving TTP LRTPs developed by Tribes or other contractors.\n(d) Environmental and historical preservation activities:\n(1) Reviewing and approving all items required for environmental compliance; and\n(2) Reviewing and approving all items required for archaeological compliance.\n(e) Processing rights-of-way:\n(1) Reviewing rights-of-way applications and certifications;\n(2) Approving rights-of-way documents;\n(3) Processing grants and acquisition of rights-of-way requests for Tribal trust and allotted lands under 25 CFR part 169;\n(4) Responding to information requests;\n(5) Reviewing and approving documents attesting that a project was constructed entirely within a right-of-way granted by BIA; and\n(6) Performing custodial functions related to storing rights-of-way documents.\n(f) Conducting project development and design under 25 CFR 900.131:\n(1) Participating in the plan-in-hand reviews on behalf of BIA as facility owner;\n(2) Reviewing and/or approving PS\u0026E for health and safety assurance on behalf of BIA as facility owner;\n(3) Reviewing PS\u0026E to assure compliance with NEPA as well as all other applicable Federal laws; and\n(4) Reviewing PS\u0026E to assure compliance with or exceeding Federal standards for TTP design and construction.\n(g) Construction:\n(1) Making application for clean air/clean water permits as facility owner;\n(2) Ensuring that all required State/tribal/Federal permits are obtained;\n(3) Performing quality assurance activities;\n(4) Conducting value engineering activities as facility owner;\n(5) Negotiating with contractors on behalf of the Federal Government;\n(6) Approving contract modifications/change orders;\n(7) Conducting periodic site visits;\n(8) Performing all Federal Government-required project-related activities contained in the contract documents and required by 25 CFR parts 900 and 1000;\n(9) Conducting activities to assure compliance with safety plans as a jurisdictional responsibility hazardous materials, traffic control, OSHA, etc.;\n(10) Participating in final inspection and acceptance of project documents or as-built drawings on behalf of BIA as facility owner; and\n(11) Reviewing project closeout activities and reports.\n(h) Other activities:\n(1) Performing other non-contractible required TTP project activities contained in this part, ISDEAA and part 1000; and\n(2) Other title 23 non-project-related management activities.\n(i) BIADOT program management:\n(1) Developing budget on needs for the TTP;\n(2) Developing legislative proposals;\n(3) Coordinating legislative activities;\n(4) Developing and issuing regulations;\n(5) Developing and issuing TTP planning, design, and construction standards;\n(6) Developing/revising interagency agreements;\n(7) Developing and approving TTP stewardship agreements in conjunction with FHWA;\n(8) Developing annual TTP obligation and TTP accomplishments reports;\n(9) Developing reports on TTP project expenditures and performance measures for the Government Performance and Results Act (GPRA);\n(10) Responding to/maintaining data for congressional inquiries;\n(11) Developing and maintaining the funding formula and its database;\n(12) Allocating TTP and other transportation funding;\n(13) Providing technical assistance to Tribes/Consortiums/tribal organizations/agencies/regions;\n(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;\n(15) Participating in and supporting Tribal transportation association meetings;\n(16) Coordinating with and monitoring Indian Local Technical Assistance Program centers;\n(17) Planning, coordinating, and conducting BIA/tribal training;\n(18) Developing information management systems to support consistency in data format, use, etc., with the Secretary of Transportation for the TTP;\n(19) Participating in special transportation related workgroups, special projects, task forces and meetings as requested by Tribes;\n(20) Participating in national, regional, and local transportation organizations;\n(21) Participating in and supporting FHWA Coordinated Technology Implementation program;\n(22) Participating in national and regional TTP meetings;\n(23) Consulting with Tribes on non-project related TTP issues;\n(24) Participating in TTP, process, and product reviews;\n(25) Developing and approving national indefinite quantity service contracts;\n(26) Assisting and supporting the TTP Coordinating Committee;\n(27) Processing TTP bridge program projects and other discretionary funding applications or proposals from Tribes;\n(28) Coordinating with FHWA;\n(29) Performing stewardship of the TTP;\n(30) Performing oversight of the TTP and its funded activities;\n(31) Performing any other non-contractible TTP activity included in this part; and\n(32) Determining eligibility of new uses of TTP funds.\n(j) BIADOT Planning:\n(1) Maintaining the official TTP inventory;\n(2) Reviewing LRTPs;\n(3) Reviewing and approving TTPTIPs;\n(4) Maintaining nationwide inventory of TTP strip and atlas maps;\n(5) Coordinating with Tribal/State/regional/local governments;\n(6) Developing and issuing procedures for management systems;\n(7) Distributing approved TTPTIPs to BIA regions;\n(8) Coordinating with other Federal agencies as applicable;\n(9) Coordinating and processing the funding and repair of damaged tribal roads with FHWA;\n(10) Calculating and distributing TTP transportation planning funds to BIA regions;\n(11) Reprogramming unused TTP transportation planning funds at the end of the fiscal year;\n(12) Monitoring the nationwide obligation of TTP transportation planning funds;\n(13) Providing technical assistance and training to BIA regions and Tribes;\n(14) Approving atlas maps;\n(15) Reviewing TTP inventory information for quality assurance; and\n(16) Advising BIA regions and Tribes of transportation funding opportunities.\n(k) BIADOT engineering:\n(1) Participating in the development of design/construction standards with FHWA;\n(2) Developing and approving design/construction/maintenance standards;\n(3) Conducting TTP/product reviews; and\n(4) Developing and issuing technical criteria for management systems.\n(l) BIADOT responsibilities for bridges:\n(1) Maintaining the National Bridge Inventory information/database for BIA bridges;\n(2) Conducting quality assurance of the bridge inspection program;\n(3) Reviewing and processing TTP Bridge Program applications;\n(4) Participating in second level review of TTP bridge PS\u0026E; and\n(5) Developing criteria for bridge management systems.\n(m) BIADOT responsibilities to perform other non-contractible required TTP activities contained in this part.\n(n) BIA regional offices program management:\n(1) Designating TTP System roads;\n(2) Notifying Tribes of available funding;\n(3) Developing STIPs;\n(4) Providing FHWA-approved TTPTIPs to Tribes;\n(5) Providing technical assistance to Tribes/Consortiums/tribal organizations/agencies;\n(6) Funding common services as provided as part of the region/agency/BIA Division of Transportation TTP costs;\n(7) Processing and investigating non-project related tort claims;\n(8) Preparing budgets for BIA regional and agency TTP activities;\n(9) Developing/revising interagency agreements;\n(10) Developing control schedules/transportation improvement programs;\n(11) Developing regional TTP stewardship agreements;\n(12) Developing quarterly/annual TTP obligation and program accomplishments reports;\n(13) Developing reports on TTP project expenditures and performance measures for Government Performance and Results Act (GPRA);\n(14) Responding to/maintaining data for congressional inquiries;\n(15) Participating in Indian transportation association meetings;\n(16) Participating in Indian Local Technical Assistance Program (LTAP) meetings and workshops;\n(17) Participating in BIA/tribal training development highway safety, work zone safety, etc.;\n(18) Participating in special workgroups, task forces, and meetings as requested by Tribes and BIA region/agency personnel;\n(19) Participating in national, regional, or local transportation organizations meetings and workshops;\n(20) Reviewing Coordinated Technology Implementation Program project proposals;\n(21) Consulting with Tribal governments on non-project related program issues;\n(22) Funding costs for common services as provided as part of BIA TTP region/agency/contracting support costs;\n(23) Reviewing TTP atlas maps;\n(24) Processing Freedom of Information Act (FOIA) requests;\n(25) Monitoring the obligation and expenditure of all TTP funds allocated to the BIA Region;\n(26) Performing activities related to the application for ERFO funds, administration, and oversight of the funds; and\n(27) Participating in TTP, process, and product reviews.\n(o) BIA regional offices' planning:\n(1) Coordinating with Tribal/State/regional/local government;\n(2) Coordinating and processing the funding and repair of damaged Tribal Transportation Facility roads with Tribes;\n(3) Reviewing and approving TTP inventory data;\n(4) Maintaining, reviewing, and approving the management systems databases;\n(5) Reviewing and approving STIPs; and\n(6) Performing Federal responsibilities identified in the TTP Transportation Planning Procedures and Guidelines manual.\n(p) BIA regional offices' engineering:\n(1) Approving Tribal standards for TTP use;\n(2) Developing and implementing new engineering techniques in the TTP; and\n(3) Providing technical assistance.\n(q) BIA regional offices' responsibilities for bridges:\n(1) Reviewing and processing TTP Bridge Program applications;\n(2) Reviewing and processing TTP bridge inspection reports and information; and\n(3) Ensuring the safe use of roads and bridges.\n(r) BIA regional offices' other responsibilities for performing other non-contractible required TTP activities contained in this part.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER H—LAND AND WATER","PART 170—TRIBAL TRANSPORTATION PROGRAM","Subpart E—Service Delivery for Tribal Transportation Program"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"c5630d7cd60d6c278508da72c265702b2c1ca621ee213cecbb7bd1f00e9cbbc8","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-170.627","next":"us/25-cfr-170.700"},"notice":"GroundRules: Original legal text. Not legal advice."}