TITLE 25 - INDIANS

CHAPTER I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER H - LAND AND WATER

PART 170 - INDIAN RESERVATION ROADS PROGRAM

subpart e - SERVICE DELIVERY FOR INDIAN RESERVATION ROADS

Appendix A to Subpart E - 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.