25 CFR 170, Subpart C

Bureau of Indian Affairs, Interior

§ 170.200

APPENDIX B TO SUBPART B—SOURCES OF
TRIBAL TRANSPORTATION TRAINING
AND EDUCATION OPPORTUNITIES

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The following is a list of some of the many
governmental sources for tribal transportation training and education opportunities.
There may be other non-governmental, tribal, or private sources not listed here.
1. National Highway Institute training
courses and fellowships
2. State and local technical assistance program workshops
3. Indian local technical assistance program
workshops
4. FHWA and FTA Research Fellowships
5. Dwight David Eisenhower Transportation
Fellowship (23 U.S.C. 504)
6. Intergovernmental personnel agreement
assignments
7. BIA transportation cooperative education
program
8. BIA force account operations
9. Federal Transit Administration workshops
10. State Departments of Transportation
11. Federal-aid highway construction and
technology training including skill improvement programs under 23 U.S.C. 140
(b)(c)
12. Other funding sources identified in
§ 170.150 (Transit)
13. Department of Labor work force development
14. Indian Employment, Training, and Related Services Demonstration Act, Public
Law 102–477

15. Garrett Morgan Scholarship (FHWA)
16. NTRC—National Transit Resource Center
17. CTER—Council for Tribal Employment
Rights
18. BIA Indian Highway Safety Program
19. FHWA/STIPDG and NSTISS Student Internship Programs (Summer Transportation Internship Program for Diverse
Groups and National Summer Transportation Institute for Secondary Students)
20. Environmental Protection Agency (EPA)
21. Department of Commerce (DOC)
22. Department of Housing and Urban Development Community Planning and Development

Subpart C—Indian Reservation
Roads Program Funding
TRIBAL TRANSPORTATION ALLOCATION
METHODOLOGY (TTAM)
§ 170.200 How does BIA allocate IRR
Program funds?
This section sets forth the Tribal
Transportation Allocation Methodology (TTAM) that BIA uses to allocate IRR Program funds. After appropriate statutory and regulatory setasides, as well as other takedowns, the
remaining funds are allocated as follows:

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25 CFR Ch. I (4–1–08 Edition)

(a) A statutorily determined percentage to a tribal transportation planning
program (under 23 U.S.C. 204(j)); and
(b) The remainder to a pool of funds
designated as ‘‘Remaining funding
available for distribution.’’ This ‘‘Remaining funding available for distribution’’ pool is further allocated as follows:
(1) 5 percent to a discretionary pool
for
IRR
High
Priority
Projects
(IRRHPP); and
(2) 95 percent to pool for distribution
by the following Relative Need Distribution Factor (RNDF) as defined in
§ 170.223:
(50 percent Cost to Construct + 30 percent Vehicle Miles Traveled + 20
percent Population)
(3) If the annual authorization is
greater than $275 million, then the
amount above $275 million, after appropriate statutory and regulatory setasides, as well as other takedowns are
applied, will be allocated as follows:
(i) 12.5 percent to the IRRHPP
(§ 170.205);

(ii) 12.5 percent to the Population Adjustment Factor (PAF) (§ 170.220); and
(iii) 75 percent to the RNDF
(§ 170.223).
§ 170.201 How does BIA allocate and
distribute
tribal
transportation
planning funds?
Upon request of a tribal government
and approval by the BIA Regional Office, BIA allocates tribal transportation planning funds described in
§ 170.403 pro rata according to the
tribes’ relative need percentage from
the RNDF described in § 170.223. The
tribal transportation planning funds
will be distributed in accordance with
the BIA procedures for self-governance
tribes that negotiate tribal transportation planning in their annual funding
agreements and to BIA Regional Offices for all other tribes.
§ 170.202 Does the Relative Need Distribution Factor allocate funding
among tribes?
Yes. The RNDF determines the
amount of funding available to allocate

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§ 170.201

Bureau of Indian Affairs, Interior

§ 170.209

to the tribes for their approved IRR
projects and activities under 23 U.S.C.
202(d)(2). The IRR Program construction funds are allocated pro rata according to the tribes’ relative need percentage from the Funding Formula.
(a) The IRR Program construction
funds will be distributed in accordance
with the BIA procedures for self-governance tribes that negotiate IRR construction projects into their AFA, and
distributed to BIA Regional Offices for
all other tribes.
(b) In order for a tribe’s IRR Program
allocation to be expended on a construction project, the project must be
included in an FHWA-approved Transportation Improvement Program (TIP).
IRR HIGH PRIORITY PROJECT (IRRHPP)
§ 170.205 What is an IRR High Priority
Project (IRRHPP)?
(a) The IRRHPP is a special funding
pool that can be used:
(1) By a tribe whose annual allocation is insufficient to complete its
highest priority project;
(2) By a governmental subdivision of
a tribe that is authorized to administer
the tribe’s IRR Program funding and
whose annual allocation is insufficient
to complete its highest priority
project; or
(3) By any tribe for an emergency/disaster on any IRR transportation facility.
(b) Eligible applicants may have only
one IRRHPP application pending at
any time. This includes emergency/disaster applications.
(c) IRRHPP funds cannot be used for
transportation planning, research, routine maintenance activities, and items
listed in § 170.116.

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§ 170.206 How is
aster defined?

an

emergency/dis-

(a) An emergency/disaster is damage
to an IRR transportation facility that:
(1) Renders the facility impassable or
unusable; and
(2) Is caused by either a natural disaster over a widespread area or catastrophic failure from an external cause.
(b) Some examples of natural disasters are: floods, droughts, earthquakes,
tornadoes, landslides, avalanches, and
severe storms.

(c) An example of a catastrophic failure is the collapse of a highway bridge
after being struck by a barge, truck, or
landslide.
§ 170.207 What is the intent of IRRHPP
emergency/disaster funding?
The intent of IRRHPP emergency/
disaster funding is to provide funding
for a project that contains eligible
work and would be approved for FHWAERFO Program funding except that the
disaster dollar threshold for eligibility
in the FHWA-ERFO program has not
been met. Applicants are encouraged to
apply for FHWA-ERFO Program funding if the project meets the requirements of the program.
§ 170.208 What funding is available for
IRRHPP?
The IRRHPP funding level (see chart
in § 170.200) for the year is:
(a) Authorization Amount up to $275
million—5 percent of the pool of funds
designated as ‘‘Remaining funding
available for distribution’’; plus
(b) Authorization Amount over $275
million—12.5 percent the amount above
$275 million after appropriate statutory
and regulatory set-asides, as well as
other takedowns.
§ 170.209 How will IRRHPP applications be ranked and funded?
(a) BIADOT and the Federal Lands
Highway (FLH) Program office will determine eligibility and fund IRRHPP
applications subject to availability of
funds and the following criteria:
(1) Existence of safety hazards with
documented fatality and injury accidents;
(2) Number of years since the tribe’s
last IRR Program construction project
completed;
(3) Readiness to proceed to construction or IRRBP design need;
(4) Percentage of project cost
matched by other non-IRR Program
funds (projects with a greater percentage of other matched funds rank ahead
of lesser matches);
(5) Amount of funds requested (smaller requests receive greater priority);
(6) Challenges caused by geographic
isolation; and

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§ 170.210

25 CFR Ch. I (4–1–08 Edition)

(7) All weather access for: employment, commerce, health, safety, educational resources, and housing.
(b) Funding is limited to the estimated cost of repairing damage to the
IRR transportation facility up to a
maximum of $1 million per application.
(c) A project submitted as an emergency/disaster must be at least 10 percent of a tribe’s relative need distribution.
(d) BIA’s regional roads engineer or
the tribe, if it has plans, specifications,
and estimates (PS&E) approval authority will certify the cost estimate in approving the plans, specifications, and
estimates for the IRRHPP.
(e) The Project Scoring Matrix is
found in appendix A to subpart C.

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§ 170.210 How may a tribe apply for
IRRHPP?
A tribe may apply for IRRHPP funds
by submitting a complete application
to BIADOT. The application must include:
(a)
Project
scope
of
work
(deliverables,
budget
breakdown,
timeline);
(b) Amount of IRRHPP funds requested;
(c) Project information addressing
ranking criteria identified in § 170.209,
or the nature of the emergency/disaster;
(d) Documentation that the project
meets the definition of an IRR transportation facility and is in the IRR Inventory;
(e) Documentation of official tribal
action requesting the IRRHPP project;
and
(f) Documentation from the tribe providing authority for BIA to place the
project on an IRRHPP TIP if the
project is selected and approved.
§ 170.211 What is the IRRHPP Funding
Priority List?
The IRRHPP Funding Priority List
(FPL) is the ranked IRRHPPs approved
for funding under § 170.209.
(a) The number of projects on the
FPL is limited by the amount of
IRRHPP funds available at the beginning of the fiscal year.
(b) BIA will place all projects on the
FPL on an IRRHPP TIP and forward
them to FHWA for approval.

§ 170.212 What
IRRHPPs?

is

the

timeline

(a) BIA will accept IRRHPP applications until December 31 each year for
projects during the following year. BIA
processes IRRHPP applications as
shown in the following table:
By . . .

BIA will . . .

(1) January 31

Notify all applicants and Regions in writing
of acceptance of applications.
Coordinate with FLH to rank all accepted
applications in accordance with Appendix
A to Subpart C, develop the FPL, and return unaccepted applications to the applicant with an explanation of the deficiencies.
Notify all accepted applicants of the
projects included on the FPL.
Distribute funds to BIA Regions or in accordance with procedures of the Office of
Self-Governance for selected IRRHPP.

(2) March 31 ...

(3) April 15 ......
(4) May 15 ......

(b) If total funding for accepted
projects does not equal the total funds
available for IRRHPP, the remaining
funds will be redistributed by the Relative Need Distribution Factor in accordance with Appendix C to subpart C.
(c) All IRRHPP funds must be obligated on or before August 15. If it is anticipated that these funds cannot be
obligated by the end of the fiscal year,
IRRHPP funds assigned to an approved
project must be returned to FHWA by
August 1. BIA will redistribute these
funds the following fiscal year to those
approved projects. (See § 170.213.)
§ 170.213 How long are IRRHPP funds
available for a project?
Any project not under contract for
construction within 3 fiscal years of its
initial listing on an FPL will forfeit its
unexpended funding. Applicants may
request, in writing, a one-time, 1-year
extension of this deadline from BIA.
Upon completion of an IRRHPP, funds
that are reserved but not expended are
to be recovered and returned to the
IRRHPP funding pool.
§ 170.214 How does award of an emergency/disaster
project
affect
projects on the FPL?
(a) A tribe may submit an emergency/disaster project any time during
the fiscal year. BIA considers these
projects a priority and funds them as
follows:

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Bureau of Indian Affairs, Interior

§ 170.227

(1) If a tribe submits a project before
the issuance of the FPL and it is determined as eligible for IRRHPP funds,
BIA will provide funding before providing funding for the other approved
projects on the FPL; or
(2) If a tribe submits a project after
the issuance of the FPL and the distribution of the IRRHPP funds, BIA
will provide funding when funds provided to the FPL projects is returned
to BIA due to their inability to be obligated. (See § 170.212(c).)
(b) If BIA uses funding previously
designated for a project on the FPL to
fund an emergency/disaster project, the
FPL project that lost its funding will
move to the top of the FPL for the following year.
POPULATION ADJUSTMENT FACTOR
§ 170.220 What is the Population Adjustment Factor?
The Population Adjustment Factor
(PAF) is a special portion of the total
IRR Program distribution calculated
annually that provides for broader participation in the IRR Program by
tribes (or a governmental subdivision
of a tribe authorized to administer the
tribe’s IRR Program funding). The PAF
is based upon the population ranges
and distribution factors in appendix B
to subpart C. The population data used
is the American Indian and Alaska Native Service Population developed by
the Department of Housing and Urban
Development, under the Native American Housing Assistance and Self-Determination Act (NAHASDA), (25
U.S.C. 4101 et seq.). Appendix B to subpart C explains how the PAF is derived.
The funds generated by the PAF can be
used for transportation planning or
IRR projects.

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§ 170.221 What funding is available for
distribution using the PAF?
When the annual authorization for
the IRR Program is greater than $275
million, 12.5 percent of the amount
above $275 million after the appropriate
statutory and regulatory set-asides, as
well as other takedowns, is available
for distribution using the PAF.

RELATIVE NEED DISTRIBUTION FACTOR
§ 170.223 What is the Relative Need
Distribution Factor (RNDF)?
The Relative Need Distribution Factor (RNDF) is a mathematical formula
used for distributing the IRR Program
construction funds. The RNDF is derived from a combination of the cost to
construct, vehicle miles traveled, and
population. Appendix C to subpart C
explains how the RNDF is derived and
applied.
IRR INVENTORY AND LONG-RANGE
TRANSPORTATION PLANNING (LRTP)
§ 170.225 How does the LRTP process
relate to the IRR Inventory?
The LRTP process (see subpart D) is
a uniform process that identifies the
transportation needs and priorities of
the tribes. The IRR Inventory is derived from transportation facilities
identified through LRTP. It is also a
means for identifying projects for the
IRRHPP Program.
§ 170.226 How will this part affect the
IRR Inventory?
The IRR Inventory defined in this
part will expand the IRR Inventory for
funding purposes to include:
(a) All roads, highway bridges, and
other eligible transportation facilities
that were previously approved in the
BIA Road System in 1992 and each following year;
(b) All Indian reservation roads constructed using Highway Trust funds
since 1983;
(c) All designated IRR routes (25 CFR
170.442–170.444);
(d) Non-road transportation related
facilities; and
(e) Other applicable IRR transportation facilities.
§ 170.227 How does BIA develop and
use the IRR Inventory?
The IRR Inventory as defined in
§ 170.442 identifies the transportation
need by providing the data that BIA
uses to generate the Cost to Construct
(CTC) and Vehicle Miles Traveled
(VMT) components of RNDF. The IRR
Inventory is developed through the
LRTP process, as described in §§ 170.410
through 170.415. BIA Regional offices

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§ 170.228

25 CFR Ch. I (4–1–08 Edition)

maintain, certify, and enter the data
for their region’s portion of the IRR Inventory database. Only project-specific
transportation activities are included
in the IRR Inventory.
§ 170.228 Are all facilities included in
the IRR Inventory used to calculate
CTC?
No. Projects/facilities proposed to receive construction funds on an approved IRRTIP are not eligible for future inclusion in the calculation of the
CTC portion of the formula for a period
of 5 years thereafter.
GENERAL DATA APPEALS

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§ 170.231 May a tribe challenge the
data BIA uses in the RNDF?
(a) A tribe may submit a request to
the BIA Regional Director to revise the
data for the tribe that BIA uses in the
RNDF. The request must include the
tribe’s data and written support for its
contention that the tribal data is more
accurate than BIA’s.
(b) A tribe may submit a data correction request at any time. In order to
impact the distribution in a given fiscal year, a data correction request
must be approved, or any subsequent
appeals resolved, by June 1 of the prior
fiscal year.
(c) The BIA Regional Director must
respond within 30 days of receiving a
data correction request under this section.
(1) Unless the BIA Regional Director
determines that the existing BIA data
is more accurate, the BIA Regional Director must approve the tribe’s data
correction request and accept the
tribe’s corrected data.
(2) If the BIA Regional Director disapproves the tribe’s request, the decision must include a detailed written
explanation of the reasons for the disapproval, copies of any supporting documentation (other than the tribe’s request) that the BIA Regional Director
relied upon in reaching the decision,
and notice of the tribe’s right to appeal
the decision.
(3) If the BIA Regional Director does
not approve the tribe’s request within
30 days of receiving the request, the request must be deemed disapproved.

§ 170.232 How does a tribe appeal a
disapproval from the BIA Regional
Director?
(a) Within 30 days of receiving a disapproval, or within 30 days of a disapproval by non-action of the BIA Regional Director, a tribe may file a written notice of appeal to the Director,
Bureau of Indian Affairs, with a copy
provided to the BIA Regional Director;
and
(b) Within 30 days of receiving an appeal, the Director, Bureau of Indian Affairs must issue a written decision upholding or reversing the BIA Regional
Director’s disapproval. This decision
must include a detailed written explanation of the reasons for the disapproval, copies of any supporting documentation that the Director, Bureau
of Indian Affairs relied upon in reaching the decision (other than the tribe’s
request or notice of appeal), and notice
of the tribe’s right to appeal the decision to the Interior Board of Indian Appeals under 25 CFR part 2.
FLEXIBLE FINANCING
§ 170.300 May tribes use flexible financing to finance IRR transportation projects?
Yes. Tribes may use flexible financing in the same manner as States to finance IRR transportation projects, unless otherwise prohibited by law.
(a) Tribes may issue bonds or enter
into other debt financing instruments
under 23 U.S.C. 122 with the expectation of payment of IRR Program funds
to satisfy the instruments.
(b) Under 23 U.S.C. 183, the Secretary
of Transportation may enter into an
agreement for secured loans or lines of
credit for IRR projects meeting the requirements contained in 23 U.S.C. 182.
Tribes or BIA may service Federal
credit instruments. The secured loans
or lines of credit must be paid from
tolls, user fees, or other dedicated revenue sources.
(c) Tribes may use IRR Program
funds as collateral for loans or bonds to
finance IRR projects. Upon the request
of a tribe, a BIA region will provide
necessary documentation to banks and
other financial institutions.

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Bureau of Indian Affairs, Interior

Pt. 170, Subpt. C, App. B

§ 170.301 Can a tribe use IRR Program
funds to leverage other funds or
pay back loans?
(a) A tribe can use IRR Program
funds to leverage other funds.
(b) A tribe can use IRR Program
funds to pay back loans or other finance instruments for a project that:
(1) The tribe paid for in advance of
the current year using non-IRR Program funds; and
(2) Was included in FHWA-approved
IRRTIP.
§ 170.302 Can BIA regional offices borrow IRR Program funds from each
other?
Yes. A BIA Regional office, in consultation with tribes, may enter into
agreements to borrow IRR Program
funds to assist another BIA regional office in financing the completion of an

IRR project. These funds must be repaid within the next fiscal year. These
agreements cannot be executed during
the last year of a transportation authorization act unless Congress has authorized IRR Program funds for the
next year.
§ 170.303 Can a tribe apply for loans or
credit from a State infrastructure
bank?
Yes. Upon the request of a tribe, BIA
region will provide necessary documentation to a State infrastructure
bank to facilitate obtaining loans and
other forms of credit for an IRR
project. A state infrastructure bank is
a state or multi-state fund that can
offer loans and other forms of credit to
help project sponsors, such as tribes,
pay for transportation projects.

APPENDIX A TO SUBPART C—IRR HIGH PRIORITY PROJECT SCORING MATRIX
Score

10

Severe ................
Accident and fatality rate for
candidate route 1.
Years since last IRR conNever ..................
struction project completed.

5

3

1

X .........................

Moderate ............

Minimal ................

Last project 5–9
years ago.

Last project within Currently has
last 1 to 4 years.
project.

Bridge Rehabilitation PS&E development
Project.
20–79 percent by
other funds.

Non-bridge PS &
E development
Project.

X.

1–19 percent ........

No other funds.

250,001–500,000
Substandard
Secondary access to community.
Addresses 3 elements.

500,001–750,000
Substandard access to tribal facility.

Over 750,000.
X.

Addresses 2 elements.

Addresses 1
element.

Readiness to Proceed to
Construction or IRRBP
Design Need.

PS&E Complete
and approved.

Percentage of Project
matched by other funds.

X .........................

Amount of funds requested 2
Geographic isolation ............

X .........................
No external access to community.

Last project more
than 10 years
ago.
Bridge Replacement PS&E development
Project.
80 percent or
more by other
funds.
250,000 or less ..
Substandard Primary access to
community.

All weather access for: .........
—Employment
—Commerce
—Health
—Safety
—Educational Resources
—Housing

Addresses all 6
elements.

Addresses 4 or 5
elements.

0
No accidents.

1 National
2 Total

Highway Traffic Safety Board standards.
funds requested, including preliminary engineering, construction, and construction engineering.

APPENDIX B TO SUBPART C—POPULATION
ADJUSTMENT FACTOR
1. The Population Adjustment Factor allows for participation in the IRR Program by
all tribes. This component of the funding for-

mula creates a special calculation of funding
which is available in accordance with the
TTAM each fiscal year for a tribe based on
the population range within which the tribe
is included. The following table shows how
BIA develops the PAF.

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Population
range

Distribution factor*

Less than 25 ..........................................................................................

1

Number of
tribes**
N1 ......................

Funding amount
per tribe
MBA*** × 1

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Pt. 170, Subpt. C, App. B

25 CFR Ch. I (4–1–08 Edition)

Population
range

Distribution factor*

25–100 ...................................................................................................
101–1000 ...............................................................................................
1001–10,000 ..........................................................................................
10,001+ .................................................................................................

3.5
5.0
6.5
8

N2
N3
N4
N5

Number of
tribes**

Funding amount
per tribe

......................
......................
......................
......................

MBA
MBA
MBA
MBA

×
×
×
×

3.5
5.0
6.5
8

* Multiplier used to determine the PAF funding for the population ranges. For example, if $1000 is available for the first population range (less than 25), then the second population range (25–100) will receive $3,500 or 3.5 times the amount available to
the first population range.
** The number of tribes changes yearly.
*** The Minimum Base Allocation (MBA) is the dollar value to be multiplied by the distribution factor for each population range
to determine the distribution of the PAF.

2. The following example shows how the
PAF applies to a total IRR Program authorization for the allocation year of $375 million. The five steps to calculate the Population Adjustment Factor are applied as follows:
Step 1. For each population range, multiply the Distribution Factor by the total
number of tribes identified in the population
range to determine the Step Factor;
Step 2. Add the Step Factors determined in
Step 1 above to derive a Total Step Factor;

Step 3. Calculate the $A = IRR Program
authorization available in the allocation
year by taking the Total IRR Program authorization for the allocation year ($375M for
this example) minus the appropriate statutory and regulatory set-asides, as well as
other takedowns ($25M for this example)
$375M¥$25M = $350M;
Step 4. Derive a Minimum Base Allocation
by taking 121⁄2 per cent of the difference
(from Step 3) and dividing it by the Total
Step Factor. The mathematical equation for
the Base Allocation is as follows:

⎛
⎞
12½% × ($A − $275M)
MBA = ⎜
⎟
⎝ ( N1 + 3.5N 2 + 5N 3 + 6.5N 4 + 8N 5 ) ⎠
MBA = Minimum Base Allocation
Distribution Factors = 1, 3.5, 5, 6.5, and 8
$A = IRR Program Authorization Available
in the Allocation Year
$275M = Base Reference Amount

12½% × ($350M − $275M)
$9,375,000
=
= $3,215.57
17 + 3.5(66) + 5(309) + 6.5(137) + 8(29)
2,915.50
DF = Distribution Factor
n = The nth Population Range
MBA = Minimum Base Allocation
For example, for DF1 = 1.00; PAF1 = 1 ×
$3,215.57 = $3,215.57
For example, for DF3 = 5.00; PAF3 = 5 ×
$3,215.57 = $16,077.86
The following table illustrates the results
of the above calculations for all population
ranges:
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Step 5. Calculate Population Adjustment
Factor within each Population Range by
multiplying the Distribution Factor for the
Population Range by the Minimum Base Allocation.
The mathematical equation for the Population Adjustment Factor calculation is as
follows:
PAFn = DFn X MBA
Where:
PAF = Population Adjustment Factor

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MBA =

n = The nth Population Range
1 . . . 5 = Population Ranges 1 through 5
Nn = Number of tribes in the nth Population
Range
For the example above, the formula yields:

Bureau of Indian Affairs, Interior

Pt. 170, Subpt. C, App. C

# of
tribes

Population range (step)
Less than 25 ...............................................
25–100 ........................................................
101–1000 ....................................................
1001–10,000 ...............................................
10,001 + ......................................................

17
66
309
137
29

Totals ............................................

....................

Distribution
factor

Step
factor
1
3.5
5
6.5
8

17
231
1545
890.50
232

Total Step Factor = 2,915.50

Tribal PAF per
population
range

Total
funding
per step

$3,215.57
11,254.50
16,077.36
20,901.22
25,724.58

$54,664.72
742,797.12
4,968,058.65
2,863,466.82
746,012.69

........................

9,375,000

APPENDIX C TO SUBPART C—RELATIVE
NEED DISTRIBUTION FACTOR

to Construct (CTC), Vehicle Miles Traveled
(VMT), and Population (POP).

The Relative Need Distribution Factor
(RNDF) is a mathematical formula for distributing the IRR Program construction
funds using the following three factors: Cost

1. WHAT IS THE FORMULA FOR THE RNDF?
The Relative Need Distribution Factor is
as follows:

A = α × {CTC ÷ Total C} + β × {VMT ÷ Total VMT} + δ × {POP ÷ Total POP}
Where:
A = percent Relative Need for an individual
tribe
CTC = Total Cost to Construct calculated for
an individual tribe
Total C = Total Cost to Construct calculated
for all tribes shown in the IRR Inventory
VMT = Total vehicle miles traveled for all
routes in the IRR Inventory for a given
tribe

Total VMT = Total vehicle miles traveled for
all routes for all tribes in the IRR Inventory
POP = Population of an individual tribe
Total POP = Total population for all tribes
a, b, d, = 0.50, 0.30, 0.20 respectively = Coefficients reflecting relative weight given to
each formula factor
Example: Tribe X has the following data:

2. How Does BIA Estimate Construction
Costs?
The methodology for calculating the Cost
to Construct is explained in Appendix D of
this subpart.
3. What Is the Cost to Construct for an Individual Tribe?
The Cost to Construct for an individual
tribe is the sum of all eligible and approved
project costs from the tribe’s IRR Inventory.
4. What Is the Cost to Construct Component in the RNDF?
The Cost to Construct component is the
total estimated cost of a tribe’s transportation projects as a percentage of the total
estimated cost nationally of all tribes’ transportation facilities. Costs are derived from
the IRR inventory of eligible IRR transportation facilities developed and approved by

BIA and tribal governments through LongRange Transportation Planning.
5. May the Cost to Construct Component of
the RNDF Be Modified?
Yes, BIA and FHWA, with input and recommendations provided by the IRR Program
Coordinating Committee, may consider revisions to the data elements used in calculating the Cost to Construct component.
6. What Is the Source of the Construction
Cost Used To Generate the CTC?
(a) The construction cost will be derived
from the average of the following three
project bid tabulation sources:
(1) Tribal bid tabulations or local BIA bid
tabulations;
(2) State bid tabulations for the region of
the State in which the tribe’s project will be
constructed;

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CTC = $51,583,000 .............................................................................................. Total CTC
= $10,654,171,742
VMT = 45,680 ....................................................................................................... Total VMT
= 10,605,298
POP = 4,637 ......................................................................................................... Total POP
= 1,010,236
A = 0.50 [CTC ÷ Total CTC] + 0.30[VMT ÷ Total VMT] + 0.20[ POP ÷ Total POP]
A = 0.50 [51,583,000 ÷ 10,654,171,742] + 0.30 [45,680 ÷ 10,605,298] + 0.20 [4,637 ÷ 1,010,236]
A = 0.00242 + 0.00129 + 0.00092
A = 0.00463 or 0.463 percent
If IRR Program construction funds available for the fiscal year are $226,065,139
Then the allocation amount would be: $226,065,139 × 0.00463 = $1,046,682.

rfrederick on PROD1PC67 with CFR

Pt. 170, Subpt. C, App. D

25 CFR Ch. I (4–1–08 Edition)

(3) National IRR Program bid tabulations.
(b) If one or more of these bid tabulation
sources is unavailable, use the average of the
available sources.
(c) BIADOT will collect the national IRR
Program bid tabulation data and enter it
into the Cost to Construct database.
7. What Is the VMT Component and How Is
It Calculated?
VMT is a measure of the current IRR
transportation system use. BIA calculates
VMT using the sum of the length of IRR
route segments in miles multiplied by the
Average Daily Traffic (ADT) of the route
segment.
8. What IRR Route Sections Does BIA Use
To Calculate VMT?
All IRR route sections in the IRR Inventory are used to calculate VMT, but percentage factors are applied in accordance with
Appendix C to subpart C, question (10).
9. What Is the Population Component and
How Is It Determined?
The population component is a factor used
to define a portion of transportation need
based on the number of American Indian or
Alaska Native people served. The population
data used will be the American Indian and
Alaska Native Service Population developed
by the Department of Housing and Urban Development, under the Native American Housing Assistance and Self-Determination Act
(NAHASDA), (25 U.S.C. 4101 et seq.).
10. Do All IRR Transportation Facilities in
the IRR Inventory Count at 100 Percent of
Their CTC and VMT?
No. The CTC and VMT must be computed
at the non-Federal share requirement for
matching funds for any transportation facility that is added to the IRR inventory and is
eligible for funding for construction or reconstruction with Federal funds, other than
Federal Lands Highway Program funds.
However, if a facility falls into one or more
of the following categories, then the CTC and
VMT factors must be computed at 100 percent:
(1) The transportation facility was approved, included, and funded at 100 percent of
CTC and VMT in the IRR Inventory for funding purposes prior to the issuance of these
regulations.
(2) The facility is not eligible for funding
for construction or reconstruction with Federal funds, other than Federal Lands Highway Program funds; or
(3) The facility is eligible for funding for
construction or reconstruction with Federal
funds, however, the public authority responsible for maintenance of the facility provides
certification of maintenance responsibility
and its inability to provide funding for the
project.

APPENDIX D TO SUBPART C—COST TO
CONSTRUCT
COST TO CONSTRUCT
(Appendix D includes Tables 1–8 which BIA
Division of Transportation developed based
on internal IRR data and the negotiated
rulemaking process.) This method utilizes
the concepts of the Bureau of Indian Affairs’
‘‘Simplified Approach to Compute the Cost to
Construct’’. The concept has been modified to
include computing costs for High Capacity
Roads (multi-lane roads), non-road projects
(snowmobile trails, boardwalks, footpaths,
etc.) and other eligible transportation facility projects.
The theory behind this concept is based on
the procedure that information gathered
during any inventory update can be used to
compare the existing conditions to defined
Adequate Standard Characteristics. This
comparison can then be used to determine
the total cost required to bring the transportation facility road up to a necessary Adequate Standard. The IRR Inventory database
is used to determine the costs of a new transportation facility or in the case of an existing facility, the costs that will be necessary
to improve the facility from it’s existing
condition to an adequate standard. Therefore, the Cost to Construct for a particular
facility is the cost required to improve the
facility’s existing condition to a condition
that would meet the Adequate Standard
Characteristics (see Table 1). For roadways,
the recommended design of the geometrics
and surface type vary based on the road’s
functional classification and average daily
traffic and will use four categories of cost.
The four categories are Grade and Drain
Costs, Aggregate Costs, Pavement Costs, and
Incidental Costs. For bridges, costs are derived from costs in the National Bridge Inventory as well as the National Bridge Construction unit cost data developed by FHWA.
For other transportation IRR transportation
facilities, an inventory of needs must be developed with associated costs for new and existing IRR transportation facilities based on
long range transportation planning. The BIA
Regions and tribes must ensure the IRR Inventory is sufficiently updated to provide all
the necessary information indicating the
need, the condition and the construction
cost data to compute the cost to construct of
any proposed or existing facility.
BASIC PROCEDURES
The IRR Inventory, based on transportation planning must be developed for those
tribes without data and updated for those
tribes that have an existing IRR Inventory.
Once the IRR Inventory database is current
and all IRR transportation facilities needs

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Bureau of Indian Affairs, Interior

Pt. 170, Subpt. C, App. D

are identified and verified, the Cost to Construct for those IRR transportation facilities
can be developed.
The procedure for determining the cost to
construct of a proposed transportation facility is computed through the following stepby-step process:
(a) Determine the Future ADT of the
transportation facility as applicable, based
upon tribal transportation planning or set
default future ADT (see Table 2);
(b) Determine the Class of transportation
facility e.g., rural local, rural major collector, or other transportation facility, utilizing future ADT and based upon tribal
transportation planning (see Table 1);
(c) Identify, if appropriate, transportation
facility terrain as flat, rolling, or mountainous;
(d) Set Adequate Standard based on Class,
and/or future ADT, and Terrain (see Table 1);
(e) Identify the transportation facility’s
construction cost per unit (e.g., cost per
mile, cost per linear foot) for the applicable
components of construction: Aggregate, Paving, Grade/Drain, Incidental, or other costs
associated with the transportation facility;
(f) Multiply the construction cost per unit
for each component of construction by the
length of the proposed road or other appropriate unit of the transportation facility to
determine the cost for each component of
construction; and
(g) Calculate the cost for the proposed road
or transportation facility by adding together
the costs for each component of construction.
The procedure for determining the cost to
reconstruct or rehabilitate an existing transportation facility is determined in the same
manner as a proposed transportation facility, except that the existing condition of the
project is evaluated to determine the remaining percentage of cost of each applicable component of construction that will be
included in the cost for reconstruction. The
steps are:
(1) Evaluate existing condition of road or
transportation facility in accordance with
applicable management systems, guidelines
or other requirements;
(2) Identify the percentage of required cost
for each component of applicable construction costs for the transportation facility by
determining the Adequate Standards Characteristics (see Table 1) and existing condition
of the transportation facility and by applying the applicable percent cost requirement
tables for aggregate, paving, grade/drain, incidental, and bridge (see Tables 4–8);
(3) Multiply the construction cost per unit
for each component of construction by the
corresponding percent of cost required (see
Tables 4–8) and by the length of the road or
other appropriate unit of the transportation
facility to determine the reconstruction cost
for each component; and

(4) Calculate the reconstruction cost for
the road or transportation facility by adding
together the reconstruction costs for each
component of construction.
Average daily traffic (ADT) is acquired
through actual traffic counts on the roadway
sections. Where current ADT is practical to
acquire, it should be acquired and future
ADT calculated by projecting the current
ADT at 2 percent per year for 20 years. If the
road is proposed, the ADT impractical to acquire, or a current ADT does not exist, then
BIA will assign a default current ADT and
calculate future ADT by projecting the default current ADT at 2 percent per year for
20 years to form the basis of the Adequate
Standard (see Table 1). Table 2 summarizes
the default current and default future ADT
by class of road.
Functional Classification: Functional classification means an analysis of a specific
transportation facility taking into account
current and future traffic generators, and
their relationship to connecting or adjacent
BIA, state, county, Federal, and/or local
roads and other intermodal facilities. Functional classification is used to delineate the
difference between the various road and/or
intermodal transportation facility standards
eligible for funding under the IRR Program.
As a part of the IRR Inventory system management, all IRR transportation facilities
included on or added to the IRR Inventory
must be classified according to the following
functional classifications:
(a) Class 1: Major arterial roads providing
an integrated network with characteristics
for serving traffic between large population
centers, generally without stub connections
and having average daily traffic volumes of
10,000 vehicles per day or more with more
than two lanes of traffic.
(b) Class 2: Rural minor arterial roads providing an integrated network having the
characteristics for serving traffic between
large population centers, generally without
stub connections. May also link smaller
towns and communities to major resort
areas that attract travel over long distances
and generally provide for relatively high
overall travel speeds with minimum interference to through traffic movement. Generally provide for at least inter-county or
inter-State service and are spaced at intervals consistent with population density. This
class of road will have less than 10,000 vehicles per day.
(c) Class 3: Streets that are located within
communities serving residential areas.
(d) Class 4: Rural Major Collector Road is a
collector to rural local roads.
(e) Class 5: Rural Local Road that is either
a section line and/or stub type roads that
collect traffic for arterial type roads, make
connections within the grid of the IRR System. This class of road may serve areas
around villages, into farming areas, to

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25 CFR Ch. I (4–1–08 Edition)

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schools, tourist attractions, or various small
enterprises. Also included are roads and motorized trails for administration of forest,
grazing, mining, oil, recreation, or other use
purposes.
(f) Class 6: City Minor Arterial Streets that
are located within communities, and serve as
access to major arterials.
(g) Class 7: City Collector Streets that are
located within communities and serve as collectors to the city local streets.
(h) Class 8: This classification encompasses
all non-road projects such as paths, trails,
walkways, or other designated types of
routes for public use by foot traffic, bicycles,
trail bikes, snowmobile, all terrain vehicles
or other uses to provide for the general access of non-vehicular traffic.
(i) Class 9: This classification encompasses
other transportation facilities such as public
parking facilities adjacent to IRR routes and
scenic byways, rest areas, and other scenic
pullouts, ferry boat terminals, and transit
terminals.
(j) Class 10: This classification encompasses
airstrips that are within the boundaries of
the IRR System grid and are open to the
public. These airstrips are included for inventory and maintenance purposes only.
(k) Class 11: This classification indicates an
overlapping of a previously inventoried section or sections of a route and is used to indicate that it is not to be used for accumulating needs data. This class is used for reporting and identification purposes only.

Construction Need: All existing and proposed transportation facilities in the IRR Inventory must have a Construction Need (CN)
which is used in the Cost to Construct calculations. These transportation facilities are
assigned a CN by the tribe during the longrange transportation planning and inventory
update process using certain guidelines
which are: Ownership or responsibility of the
facility, whether it is within or provides access to reservations, groups, villages and
communities in which the majority of the
residents are Indian, and whether it is vital
to the economic development of Indian
tribes. As part of the IRR Inventory management, all facilities included on or added to
the IRR Inventory must be designated a CN
which are defined as follows:
(a) Construction Need 0: Transportation facilities which have been improved to their
acceptable standard or projects/facilities
proposed to receive construction funds on an
approved IRRTIP are not eligible for future
inclusion in the calculation of the CTC portion of the formula for a period of 5 years
thereafter.
(b) Construction Need 1: Existing BIA roads
needing improvement.
(c) Construction Need 2: Construction need
other than BIA roads needing improvement.
(d) Construction Need 3: Substandard or
other roads for which no improvements are
planned, maintenance only.
(e) Construction Need 4: Roads which do not
currently exist and need to be constructed,
proposed roads.

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Pt. 170, Subpt. C, App. D

Table 2—Default Current ADT and Default
Future ADT
Table 2 summarizes the default current
and default future ADT by class of road. De-

fault future ADT is calculated by projecting
default current ADT at 2 percent per year for
20 years. 2 percent per year for 20 years
yields a factor of 1.485.

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Bureau of Indian Affairs, Interior

Pt. 170, Subpt. C, App. D

25 CFR Ch. I (4–1–08 Edition)
** Class 9, 10, and 11 are point features in the inventory
and do not have an ADT. All multiplication is rounded.

TABLE 2—DEFAULT CURRENT ADT AND
DEFAULT FUTURE ADT

Table 3—Future Surface Type

Default current and default future ADT*

IRR Class No.
1 ...................................................
2 ...................................................
3 ...................................................
4 ...................................................
5 ...................................................
6 ...................................................
7 ...................................................
8 ...................................................
9 ...................................................
10 .................................................
11 .................................................

Table 3 summarizes all possible scenarios
of the future surface type either required or
based on the various future ADT thresholds
for each type or class of road in the inventory.

N/A, Must Exist
100 * 1.485 = 149
25 * 1.485 = 37
50 * 1.485 = 74
50 * 1.485 = 74
50 * 1.485 = 74
50 * 1.485 = 74
20 * 1.485 = 30
N/A**
N/A**
N/A**

* Default Future ADT is used for proposed roads or when
impractical to acquire current ADT or when current ADT does
not exist.

TABLE 3—FUTURE SURFACE TYPE
Const. need

IRR class No.

Future ADT

0,1,2,3 ................................................................................................................
0,1,2,3 ................................................................................................................
0,1,2,3 ................................................................................................................

1 .....................
2 .....................
3,6,7 ...............

0,1,2,3 ................................................................................................................

4,5 ..................

0,1,2,3,4 .............................................................................................................
0,1,2,3,4 .............................................................................................................
0,1,2,3,4 .............................................................................................................
4*** ....................................................................................................................
4 .........................................................................................................................
4 .........................................................................................................................

8 .....................
9 .....................
10 ...................
1 .....................
2 .....................
3,6,7 ...............

4 .........................................................................................................................

4 .....................

4 .........................................................................................................................

5 .....................

Any ................
Any ................
< 50 ...............
50¥250 .........
> 250 .............
< 50 ...............
50¥250 .........
> 250 .............
N/A .................
N/A .................
N/A .................
N/A**** ...........
ANY ...............
< 50 ...............
50¥250 .........
> 250 .............
< 50 ...............
50¥250 .........
> 250 .............
< 50 ...............
50¥250 .........
> 250 .............

Future
surface type
Paved
Paved
Earth
Gravel
Paved
Earth
Gravel
Paved
N/A*
N/A**
N/A***
N/A****
Paved
Earth
Gravel
Paved
Earth
Gravel
Paved
Earth
Gravel
Paved

* Class 8 does not have a future surface type. Per mile costs are applied independent of future surface type.
** Class 9 does not have a future surface type. Costs are independent of future surface type.
*** Class 10 does not have a future surface type. These are airstrips and is used for identification purposed only.
**** Class 1 with Construction Need of 4 does not apply. Class 1 roads must exist.

Table 4—Percent of Grade and Drain Cost
Required
Grade and Drain costs include the cost for
constructing a roadbed to an adequate standard and providing adequate drainage. Specifically it includes the necessary earthwork
to build the roadbed to the required hori-

zontal and vertical geometric parameters
above the surrounding terrain and provide
for proper drainage away from the foundation with adequate cross drains.
Table 4 summarizes the percentage of
grade and drain costs required based on the
existing roadbed condition observed in an inventory update.

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TABLE 4—PERCENT OF GRADE AND DRAIN COST REQUIRED
Percent grade
and drain cost
required
(Percent)

Code

Roadbed condition

0 .......................................
1 .......................................
2 .......................................

Proposed Road .........................................................................................................
Primitive Trail ............................................................................................................
Bladed Unimproved Earth Road, Poor Drainage, Poor Alignment ..........................

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100
100
100

Bureau of Indian Affairs, Interior

Pt. 170, Subpt. C, App. D

TABLE 4—PERCENT OF GRADE AND DRAIN COST REQUIRED—Continued
Percent grade
and drain cost
required
(Percent)

Code

Roadbed condition

3 .......................................

Minimum Built-up Roadbed (Shallow cuts and fills) with inadequate drainage and
alignment that generally follows existing ground.
A designed and constructed roadbed with some drainage and alignment improvements required.
A roadbed constructed to the adequate standards with good horizontal and
vertical alignment and proper drainage.
A roadbed constructed to adequate standards with curb and gutter on one side ...
A roadbed constructed to adequate standards with curb and gutter on both sides

4 .......................................
5 .......................................
6 .......................................
7 .......................................

Table 5—Percent of Aggregate Surface Cost
Required
Table 5 summarizes the percentage of aggregate surface costs required based on all

100
100
0
0
0

possible scenarios of existing surface type
conditions and calculated future surface
type.

TABLE 5—PERCENT OF AGGREGATE SURFACE COST REQUIRED
Future surface type
Existing surface type

Paved
(percent)

Proposed ...........................................................................................................
Primitive .............................................................................................................
Earth ..................................................................................................................
Gravel ................................................................................................................
Bituminous < 2″ .................................................................................................
Bituminous > 2″ .................................................................................................
Concrete ............................................................................................................

Gravel
(percent)

100
100
100
100
100
0 or 100
0 or 100

Earth
(percent)

100
100
100
*100
0
0
0

0.
0.
0.
0.
0.
0.
0.

*If the Surface Condition Index (SCI) is 40 or less indicating that reconstruction will be required, then 100 percent of the aggregate cost will be required. If greater than 40, then none of the aggregate cost will be applied.

Table 6—Percent of Pavement Surface Cost
Required
Table 6 Summarizes the percentage of
pavement surface costs for existing condi-

tions required based on all possible scenarios
of existing surface type conditions and calculated future surface type. Pavement overlays are calculated at 100 percent of the
pavement costs.

TABLE 6—PERCENT OF PAVEMENT SURFACE COST REQUIRED
Future surface type
Existing surface type

Paved
(percent)

Proposed ...........................................................................................................
Primitive .............................................................................................................
Earth ..................................................................................................................
Gravel ................................................................................................................
Bituminous < 2″ .................................................................................................
Bituminous > 2″ .................................................................................................
Concrete ............................................................................................................

Gravel
(percent)

100
100
100
100
100
*0 or 100
*0 or 100

100
100
100
100
0
0
0

Earth
(percent)
0.
0.
0.
0.
0.
0.
0.

*If the Surface Condition Index (SCI) is 60 or less indicating that reconstruction will be required, then 100 percent of the aggregate cost will be required. If greater than 60, then none of the aggregate cost will be applied.

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Table 7—Percent of Incidental Construction
Cost Required
Incidental cost items are generally required if a project includes construction or
reconstruction of the roadbed. Some incidental items are included in all road im-

provement projects, while others are only required for specific projects. Table 7 summarizes the incidental construction determination estimating procedure for each of the
Roadbed Category Codes. As shown in Table
4, roadbed condition codes 0 through 2 will
require 65 percent of the incidental costs for

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§ 170.400

25 CFR Ch. I (4–1–08 Edition)

construction because they generally will not
require maintenance of traffic during construction. If maintenance of traffic is required as will generally be the case for roadbed condition codes 3 and 4, the minimum
percentage of incidental costs for these roadbed condition codes will be 75 percent. It is

assumed that improvement roadbed condition codes 5, 6 and 7 will primarily be paving
projects with little or no earthwork involved
and the minimum percentage of the total incidental construction cost for these projects
will be 30 percent.

TABLE 7—PERCENT OF INCIDENTAL CONSTRUCTION COST REQUIRED
Code
0
1
2
3

......
......
......
......

4 ......
5 ......
6 ......
7 ......

New alignment
(percent)

Roadbed condition
Proposed road .........................................................................................................
Primitive trail ............................................................................................................
Bladed unimproved earth road, poor drainage, poor alignment .............................
Minimum built-up roadbed (shallow cuts and fills) with inadequate drainage and
alignment that generally follows existing ground.
A designed and constructed roadbed with some drainage and alignment improvements required.
A roadbed constructed to the adequate standards with good horizontal and
vertical alignment and proper drainage. Requiring surfacing.
A roadbed constructed to adequate standards with curb and gutter on one side.
Requiring surfacing.
A roadbed constructed to adequate standards with curb and gutter on both
sides. Requiring surfacing.

Table 7 only accounts for those incidental
construction costs normally found on a typical project. The construction items found in
Table 8 may or may not be on any particular
project and the cost of these items is 25 percent. Add the percentage required (from 0 to
25 percent) based on the Regional recommendation with verification. If there are
no additional items required, use the default
of zero.

TABLE 8—PERCENT OF ADDITIONAL INCIDENTAL
CONSTRUCTION COST
Additional incidental construction item

Percent of
total incidental
construction
cost

Fencing ..........................................................
Landscaping ..................................................
Structural concrete ........................................
Traffic signals ................................................
Utilities ...........................................................

1
9
9
3
3

Subpart D—Planning, Design, and
Construction of Indian Reservation Roads Program Facilities
TRANSPORTATION PLANNING

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§ 170.400 What is the purpose of transportation planning?
The purpose of transportation planning is to fulfill goals by developing
strategies to meet transportation
needs. These strategies address current

Maintenance of
traffic required
(percent)

65
65
65
N/A

N/A
N/A
N/A
75

N/A

75

N/A

30

N/A

30

N/A

30

and future land use, economic development, traffic demand, public safety,
health, and social needs.
§ 170.401 What is BIA’s role in transportation planning?
Except as provided in § 170.402, the
functions and activities that BIA must
perform for the IRR Program are:
(a) Preparing the regional IRRTIP;
(b) Updating the IRR Inventory from
data updates;
(c) Preparing IRR Inventory data updates as needed;
(d) Coordinating with States and
their political subdivisions, and appropriate planning authorities on regionally significant IRR projects;
(e) Providing technical assistance to
tribal governments;
(f) Developing IRR Program budgets
including transportation planning cost
estimates;
(g) Facilitating public involvement;
(h) Participating in transportation
planning and other transportation-related meetings;
(i) Performing traffic studies;
(j) Performing preliminary project
planning;
(k) Conducting special transportation
studies;
(l) Developing short and long-range
transportation plans;
(m) Mapping;

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