A tribe must follow the procedures in ISDEAA, Title I, and 25 CFR 900.140-148 for self-determination contracts and Title IV, 25 CFR 1000.220-232 for tribal self-governance agreements. A courtesy copy of the request should be sent to the Secretary of Transportation at: 400 7th St., SW., HFL-1, Washington, DC 20590. When a waiver request is outside the Secretary's authority, the Secretary should forward the request to the Secretary of Transportation. Sec. Appendix A to Subpart E of Part 170--IRR Program Functions That Are
Not Otherwise Contractible
The program functions listed in this appendix cannot be included in a self-determination contract or self-governance agreement. (23 U.S.C. 202(d)(3)(B))
A. IRR project-related pre-contracting activities:
1. Notifying tribes of available funding including the right of first refusal; and
2. Providing technical assistance.
B. IRR 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 IRR transportation improvement programs developed by tribes or other contractors;
2. Reviewing IRR long-range transportation plans developed by tribes or other contractors; and
3. Performing other Federal responsibilities identified in the IRR Transportation Planning Procedures and Guidelines manual.
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. Filing Affidavit of Completion Forms; 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 plans, specifications, and cost estimates (PS&E;'s) for health and safety assurance on behalf of BIA as facility owner;
3. Reviewing PS&E;'s to assure compliance with NEPA as well as all other applicable Federal laws; and
4. Reviewing PS&E;'s to assure compliance with or exceeding Federal standards for IRR 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 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 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 IRR 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 IRR Program;
2. Developing legislative proposals;
3. Coordinating legislative activities;
4. Developing and issuing regulations;
5. Developing and issuing IRR planning, design, and construction standards;
6. Developing/revising interagency agreements;
7. Developing and approving IRR Program stewardship agreements in conjunction with FHWA;
8. Developing annual IRR Program obligation and IRR Program accomplishments reports;
9. Developing reports on IRR Program 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 funding formula and its database;
12. Allocating IRR Program and other transportation funding;
13. Providing technical assistance to tribe/tribal organizations/agencies/regions;
14. Providing national program leadership for: National Scenic Byways Program, Public Lands Highways Discretionary Program, Transportation Enhancement Program, Indian Local Technical Assistance Program, Recreational Travel and Tourism, Transit Program, ERFO Program, Presidential initiatives (Millennium Trails, Lewis & Clark, Western Tourism Policy Group);
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 IRR Program;
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 IRR Program meetings;
23. Consulting with tribes on non-project related IRR Program issues;
24. Participating in IRR Program, process, and product reviews;
25. Developing and approving national indefinite quantity service contracts;
26. Assisting and supporting the IRR Coordinating Committee;
27. Processing IRR Bridge program projects and other discretionary funding applications or proposals from tribes;
28. Coordinating with FHWA;
29. Performing stewardship of the IRR Program;
30. Performing oversight of the IRR Program and its funded activities;
31. Performing any other non-contractible IRR Program activity included in this part; and
32. Determining eligibility of new uses of IRR Program funds.
J. BIADOT Planning:
1. Maintaining the official IRR inventory;
2. Reviewing long-range transportation plans;
3. Reviewing and approving IRR transportation improvement programs;
4. Maintaining nationwide inventory of IRR strip and atlas maps;
5. Coordinating with tribal/State/regional/local governments;
6. Developing and issuing procedures for management systems;
7. Distributing approved IRR transportation improvement programs to BIA regions;
8. Coordinating with other Federal agencies as applicable;
9. Coordinating and processing the funding and repair of damaged Indian Reservation Roads with FHWA;
10. Calculating and distributing IRR transportation planning funds to BIA regions;
11. Reprogramming unused IRR transportation planning funds at the end of the fiscal year;
12. Monitoring the nationwide obligation of IRR transportation planning funds;
13. Providing technical assistance and training to BIA regions and tribes;
14. Approving Atlas maps;
15. Reviewing IRR 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 IRR Program/product reviews; and
4. Developing and issuing technical criteria for management systems.
L. BIADOT responsibilities for bridges:
1. Maintaining BIA National Bridge Inventory information/database;
2. Conducting quality assurance of the bridge inspection program;
3. Reviewing and processing IRR Bridge program applications;
4. Participating in second level review of IRR bridge PS-E's; and
5. Developing criteria for bridge management systems.
M. BIADOT responsibilities to perform other non-contractible required IRR Program activities contained in this part.
N. BIA regional offices program management:
1. Designating IRR System roads;
2. Notifying tribes of available funding;
3. Developing state IRR transportation improvement programs;
4. Providing FHWA-approved IRR transportation improvement programs to tribes;
5. Providing technical assistance to tribes/tribal organizations/agencies;
6. Funding common services as provided as part of the region/agency/BIA Division of Transportation IRR Program costs;
7. Processing and investigating non-project related tort claims;
8. Preparing budgets for BIA regional and agency IRR Program activities;
9. Developing/revising interagency agreements;
10. Developing control schedules/transportation improvement programs;
11. Developing regional IRR Program stewardship agreements;
12. Developing quarterly/annual IRR Program obligation and program accomplishments reports;
13. Developing reports on IRR 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 IRR region/agency/contracting support costs;
23. Reviewing IRR Atlas maps;
24. Processing Freedom of Information Act (FOIA) requests;
25. Monitoring the obligation and expenditure of all IRR Program funds allocated to BIA region;
26. Performing activities related to the application for ERFO funds, administration, and oversight of such funds; and
27. Participating in IRR Program, 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 Indian Reservation Roads with tribes;
3. Reviewing and approving IRR Inventory data;
4. Maintaining, reviewing, and approving the management systems databases;
5. Reviewing and approving IRR State transportation improvement programs; and
6. Performing Federal responsibilities identified in the IRR Transportation Planning Procedures and Guidelines manual.
P. BIA regional offices' engineering:
1. Approving tribal standards for the IRR Program use;
2. Developing and implementing new engineering techniques in the IRR Program; and
3. Providing technical assistance.
Q. BIA regional offices' responsibilities for bridges:
1. Reviewing and processing IRR bridge program applications;
2. Reviewing and processing IRR 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 IRR Program activities contained in
this part.