What definitions apply to this part?
AASHTO means the American Association of State Highway and Transportation Officials.
Annual Funding Agreement
means a negotiated agreement of the Secretary
to fund, on an annual basis, the programs, functions, services, and activities transferred to a tribe
under the Indian Self-Determination and Education Assistance Act
, as amended.
means a request by a tribe
or consortium for an administrative review of an adverse agency decision.
BIA means the Bureau of Indian Affairs of the Department of the Interior.
BIADOT means the Bureau of Indian Affairs, Division of Transportation.
BIA force account
means the performance of work done by BIA
BIA Road System
means the Bureau of Indian Affairs
Road System under the IRR system
. It includes those existing and proposed IRR's for which BIA
has or plans to obtain legal right-of-way. BIA
has the primary responsibility to improve and maintain the roads on this system.
CFR means the United States Code of Federal Regulations.
means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction
or reconstruction of an IRR transportation facility, as defined in 23 U.S.C. 101
. This includes bond costs and other related costs of bonds or other debt financing instruments. It also includes costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program
. The term includes—
Locating, surveying, and mapping (including establishing temporary and permanent geodetic markers in accordance with specifications of the U.S. Geological Survey);
Providing relocation assistance; acquiring replacement housing sites; and acquiring, rehabilitating, relocating, and constructing replacement housing;
Eliminating hazards of railway grade crossings;
Eliminating roadside obstacles;
Making improvements that facilitate and control traffic flow, such as grade separation of intersections, widening lanes, channelizing traffic, installing traffic control systems, and establishing passenger loading and unloading areas; and
Making capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.
means a fixed price or cost reimbursement self-determination contract
for a construction
project, except that such term does not include any contract—
That is limited to providing planning services and construction management services (or a combination of such services);
Consultation means government-to-government communication in a timely manner by all parties about a proposed or contemplated decision in order to:
Secure meaningful tribal input and involvement in the decision-making process; and
Advise the tribe of the final decision and provide an explanation.
means a self-determination contract
as defined in section 4(j) of
or a procurement document issued under Federal or tribal procurement acquisition regulations.
means calendar days
, except where the last day of any time period specified in this part falls on a Saturday, Sunday, or a Federal holiday, the period shall carry over to the next business day unless otherwise prohibited by law.
means services performed by licensed design
professionals related to preparing drawings, specifications, and other design
submissions specified in the contract
or agreement, as well as services provided by or for licensed design
professionals during the bidding/negotiating, construction
, and operational phases of the project.
DOI means the Department of the Interior.
FHWA means the Federal Highway Administration of the Department of Transportation.
FTA means the Federal Transit Administration of the Department of Transportation.
Governmental subdivision of a tribe
means a unit of a federally-recognized tribe
which is authorized to participate in an IRR Program
activity on behalf of the tribe
Indian Reservation Road (IRR)
means a public road
that is located within or provides access to an Indian
reservation or Indian
trust land, or restricted Indian
land that is not subject to fee title alienation without the approval of the Federal government, or Indian
or Alaska Native Villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary
of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.
means a comprehensive database of all transportation facilities eligible for IRR Program
funding by tribe
, reservation, BIA
agency and region, Congressional district, State, and county. Other specific information collected and maintained under the IRR Program
includes classification, route number, bridge number, current and future traffic volumes, maintenance
responsibility, and ownership.
means a part of the Federal Lands Highway Program
established in 23 U.S.C. 204
to address transportation needs of tribes.
IRR Programconstruction funds
means the pool of funds BIA
distributes according to the Relative Need Distribution Factor.
IRR Program funds
means the funds covered in chapter 2 of title 23 U.S.C. and the associated program
management costs. These funds are used for:
Construction of highways, roads, parkways, or transit facilities within or providing access to Indian lands, communities, and Alaska Native villages.
IRR Program management and oversight funds
means those funds authorized by Congress to pay the cost of performing IRR Program
IRR System means all the roads and bridges that comprise the IRR.
IRR transportation facilities
means public roads, bridges, drainage structures, culverts, ferry routes, marine terminals, transit
facilities, boardwalks, pedestrian paths, trails, and their appurtenances, and other transportation facilities as designated by the tribe
and the Secretary
IRR Transportation Improvement Program (IRRTIP)
means a list developed by BIA
of projects programmed for construction
in the next 3 to 5 years.
ISDEAA means the Indian Self-Determination and Education Assistance Act of 1975, Public Law 93-638, as amended.
Maintenance means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway.
means the national bridge inventory, which is the database of structural and appraisal data collected to fulfill the requirements of the National Bridge Inspection Standards, as defined in 23 CFR
, subpart C. Each State and BIA
must maintain an inventory of all bridges that are subject to the NBI
standards and provide this data to the Federal Highway Administration
(FHWA). The NBI
is maintained and monitored by the FHWA
Office of Bridge Technology.
Office of Self-Governance (OSG) means the office within the Office of the Assistant Secretary—Indian Affairs, Department of the Interior, that is responsible for implementing and developing tribal self-governance.
means any program
, function, service, activity, or portion thereof.
means project-related activities that precede the design
phase of a transportation project. Examples of these activities are: Collecting data on traffic, accidents, or functional, safety or structural deficiencies; corridor studies; conceptual studies, environmental studies; geotechnical studies; archaeological studies; project scoping; public hearings; location analysis; preparing applications for permits and clearances; and meetings with facility owners and transportation officials.
Proposed road means a road which does not currently exist and needs to be constructed.
means a Federal, State, county, town, or township, Indian
, municipal, or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities.
means any road or street under the jurisdiction of and maintained by a public authority
and open to public travel.
Real Property means any interest in land together with the improvements, structures, and fixtures and appurtenances.
Regionally significant project
means a project that modifies a facility that serves regional transportation needs and would normally be included in the modeling of a metropolitan area's transportation network. The term includes work on principal arterial highways and all fixed guideway transit
facilities that offer a significant alternative to regional highway travel. (“Regional transportation needs” includes access to and from the area outside of the region; major planned developments such as new retail malls, sports complexes, etc.; or transportation terminations, as well as most terminals themselves).
Rehabilitation means the work required to restore the structural integrity of transportation facilities as well as work necessary to correct safety defects.
means the adjustment of transportation facilities and utilities required by a highway project. It includes removing and reinstalling the facility, including necessary temporary facilities; acquiring necessary right-of-way on the new location; moving, rearranging or changing the type of existing facilities; and taking any necessary safety and protective measures. It also means constructing a replacement facility that is both functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, or sequence of highway construction
Rest area means an area or site established and maintained within or adjacent to the highway right-of-way or under public supervision or control for the convenience of the traveling public.
means the Secretary
of the Interior or her/his designee authorized to act on behalf of the Secretary
State transportation agency
means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction
. The term “State” would be considered equivalent to “State transportation agency” if the context so implies.
Transit means services, equipment, and functions associated with the public movement of people served within a community or network of communities.
Transportation planning means developing land use, economic development, traffic demand, public safety, health and social strategies to meet transportation current and future needs.
Tribal transportation planning funds
means funds referenced in 23 U.S.C. 204(j)
means any tribe
, nation, band, pueblo, rancheria,colony, or community, including any Alaska Native village or regional or village corporation as defined or established under the Alaska Native Claims Settlement Act
that is federally recognized by the U.S. government for special programs and services provided by the Secretary
to Indians because of their status as Indians.
means Tribal Transportation Improvement Program
. It is a multi-year financially constrained list of proposed transportation projects developed by a tribe
from the tribal priority list or the long-range transportation plan.
U.S.C. means the United States Code.