(a) To receive funding for programs that serve recreation, tourism, and trails' goals, a tribe should:
(1) Identify a program meeting the eligibility guidelines for the funds and have it ready for development; and
(2) Have a viable project ready for improvement or construction, including necessary permits.
(b) FHWA provides Federal funds to the States for recreation, tourism, and trails under 23 U.S.C. 104, 133, 162, 204, and 206. States solicit proposals from tribes and local governments in their transportation planning process. A tribe may ask:
(1) To administer these programs under the State's locally administered project program; or
(2) That for projects that are otherwise contractible under Public Law 93-638 (25 U.S.C. 450 et seq.), that the State return the funds to FHWA and have them transferred to BIA for tribal self-determination contracts or self-governance agreements under ISDEAA.
(c) Congress provides funds under 23 U.S.C. 205 and 214 for activities for Federal agencies. A tribe can contract with all agencies within the Department of the Interior under ISDEAA for this work.
(d) In order to use National Scenic Byway funds, the project must be on a road designated as a State or Federal scenic byway.
(e) In order to expend non-IRR Program Federal funds for its recreation, tourism, and trails programs, a tribe must ensure that the project is on an approved TIP or STIP.