[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR170.117]

[Page 530]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 170_INDIAN RESERVATION ROADS PROGRAM--Table of Contents
 
    Subpart B_Indian Reservation Roads Program Policy and Eligibility
 
Sec. 170.117  How can a tribe determine whether a new use of funds is 
allowable?

    (a) A tribe that proposes new uses of IRR Program funds must ask BIA 
in writing whether the proposed use is eligible under Federal law. The 
tribe must also provide a copy of its inquiry to FHWA.
    (1) In cases involving eligibility questions that refer to 25 
U.S.C., BIA will determine whether the new proposed use of IRR Program 
funds is allowable and provide a written response to the requesting 
tribe within 45 days of receiving the written inquiry. Tribes may appeal 
a denial of a proposed use by BIA under 25 CFR part 2. The address is: 
Department of the Interior, BIA, Division of Transportation, 1849 C 
Street, NW., MS 4058-MIB, Washington, DC 20240.
    (2) In cases involving eligibility questions that refer to the IRR 
Program or 23 U.S.C., BIA will refer an inquiry to FHWA for decision. 
FHWA must provide a written response to the requesting tribe within 45 
days of receiving the written inquiry from the tribe. Tribes may appeal 
denials of a proposed use by the FHWA to: FHWA, 400 7th St., SW., HFL-1, 
Washington, DC 20590.
    (b) To the extent practical, the deciding agency must consult with 
the IRR Program Coordinating Committee before denying a request. BIA and 
FHWA will send copies of all eligibility determinations to the IRR 
Program Coordinating Committee and BIA Regional offices.
    (c) If either BIA or FHWA fails to issue the requesting tribe a 
timely response to the eligibility inquiry, the proposed use will be 
deemed to be allowable for that specific project.

                  Use of IRR and Cultural Access Roads