[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR973.204]

[Page 437-439]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 973_MANAGEMENT SYSTEMS PERTAINING TO THE BUREAU OF INDIAN 
AFFAIRS AND THE INDIAN RESERVATION ROADS PROGRAM--Table of Contents
 
          Subpart B_Bureau of Indian Affairs Management Systems
 
Sec. 973.204  Management systems requirements.

    (a) The BIA, in consultation with the tribes, shall develop, 
establish and implement nationwide pavement, bridge, and safety 
management systems for federally and tribally owned IRRs. The

[[Page 438]]

BIA may tailor the nationwide management systems to meet the agency's 
goals, policies, and needs, after considering the input from the tribes, 
and using professional engineering and planning judgment to determine 
the required nature and extent of systems coverage consistent with the 
intent and requirements of this rule.
    (b) The BIA and the FHWA, in consultation with the tribes, shall 
develop an implementation plan for each of the nationwide management 
systems. These plans will include, but are not limited to, the 
following: Overall goals and policies concerning the nationwide 
management systems, each agency's responsibilities for developing and 
implementing the nationwide management systems, implementation schedule, 
data sources, including the need to accommodate State and local data, 
and cost estimate.
    (c) Indian tribes may develop, establish, and implement tribal 
management systems under a self-determination contract or self-
governance annual funding agreement. The tribe may tailor the management 
systems to meet its goals, policies, and needs, using professional 
engineering and planning judgment to determine the required nature and 
extent of systems coverage consistent with the intent and requirements 
of this rule.
    (d) The BIA, in consultation with the tribes, shall develop criteria 
for cases in which tribal management systems are not appropriate.
    (e) The BIA, in consultation with the tribes, or the tribes under a 
self-determination contract or self-governance annual funding agreement, 
may incorporate data provided by States and local governments into the 
nationwide or tribal management systems, as appropriate, for State and 
locally owned IRRs.
    (f) The BIA, in consultation with the tribes, shall develop and 
implement procedures for the development, establishment, implementation 
and operation of nationwide management systems. If a tribe develops 
tribal management systems, the tribe shall develop and implement 
procedures for the development, establishment, implementation and 
operation of tribal management systems. The procedures shall include:
    (1) A description of each management system;
    (2) A process to operate and maintain the management systems and 
their associated databases;
    (3) A process for data collection, processing, analysis and updating 
for each management system;
    (4) A process for ensuring the results of the management systems are 
considered in the development of IRR transportation plans and 
transportation improvement programs and in making project selection 
decisions under 23 U.S.C. 204; and
    (5) A process for the analysis and coordination of all management 
systems outputs to systematically operate, maintain, and upgrade 
existing transportation assets cost-effectively;
    (g) All management systems shall use databases with a common or 
coordinated reference system that can be used to geolocate all database 
information.
    (h) Existing data sources may be used by the BIA and the tribes to 
the maximum extent possible to meet the management system requirements.
    (i) A nationwide congestion management system is not required. The 
BIA and the FHWA, in consultation with the tribes, shall develop 
criteria for determining when congestion management systems are required 
for BIA or tribal transportation facilities providing access to and 
within the Indian reservations. Either the tribes or the BIA, in 
consultation with the tribes, shall develop, establish and implement 
congestion management systems for the transportation facilities that 
meet the criteria.
    (j) The BIA shall develop an appropriate means to evaluate the 
effectiveness of the nationwide management systems in enhancing 
transportation investment decisions and improving the overall efficiency 
of the affected transportation systems and facilities. This evaluation 
is to be conducted periodically, preferably as part of the BIA planning 
process to assist the FHWA in evaluating the efficiency and 
effectiveness of the management systems as a component of the IRR 
program, and

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may include consultation with the tribes, as appropriate.
    (k) The management systems shall be operated so investment decisions 
based on management system outputs can be accomplished at the BIA region 
and tribal level and can be utilized throughout the transportation 
planning process.