[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: 25CFR170.2]

[Page 522-523]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 170_INDIAN RESERVATION ROADS PROGRAM--Table of Contents
 
           Subpart A_Policies, Applicability, and Definitions
 
Sec. 170.2  What is the IRR Program and BIA Road Maintenance Program 
policy?

    (a) It is the policy of the Secretary of the Interior and the 
Secretary of Transportation (Secretaries) to do the following in 
relation to the IRR and BIA Road Maintenance Programs:
    (1) Provide a uniform and consistent set of rules;
    (2) Foster knowledge of the programs by providing information about 
them and the opportunities that they create;

[[Page 523]]

    (3) Facilitate tribal planning, conduct, and administration of the 
programs;
    (4) Encourage the inclusion of these programs under self-
determination contracts or self-governance agreements;
    (5) Make available all contractible administrative functions under 
self-determination contracts or self-governance agreements; and
    (6) Implement policies, procedures, and practices in consultation 
with Indian tribes to ensure the letter, spirit, and goals of Federal 
transportation programs are fully implemented.
    (b) Where this part differs from provisions in the Indian Self-
Determination and Education Assistance Act of 1975 (ISDEAA), this part 
should advance the policy of increasing tribal autonomy and discretion 
in program operation.
    (c) This part is designed to enable Indian tribes to participate in 
all contractible IRR and BIA Road Maintenance programs. The Secretary of 
the Interior will afford Indian tribes the flexibility, information, and 
discretion to design roads programs under self-determination contracts 
and self-governance agreements to meet the needs of their communities 
consistent with this part.
    (d) The Secretaries recognize that programs, functions, services, 
and activities, regardless of how they are administered, are an exercise 
of Indian tribes' self-determination and self-governance.
    (1) The tribe is responsible for managing the day-to-day operation 
of its contracted Federal programs, functions, services, and activities.
    (2) The tribe accepts responsibility and accountability to the 
beneficiaries under self-determination contracts and self-governance 
agreements for:
    (i) Use of the funds; and
    (ii) Satisfactory performance of all activities funded under the 
contract or agreement.
    (3) The Secretary will continue to discharge the trust 
responsibilities to protect and conserve the trust resources of tribes 
and the trust resources of individual Indians.
    (e) The Secretary should interpret Federal laws and regulations to 
facilitate including programs covered by this part in the government-to-
government agreements authorized under ISDEAA.
    (f) The administrative functions referenced in paragraph (a)(5) of 
this section are contractible without regard to the organizational level 
within the Department of the Interior that carries out these functions. 
Including IRR Program administrative functions under self-determination 
contracts and self-governance agreements does not limit or reduce the 
funding for any program or service serving any other tribe.
    (g) The Secretary is not required to reduce funding for a tribe 
under these programs to make funds available to another tribe.
    (h) This part must be liberally construed for the benefit of tribes 
and to implement the Federal policy of self-determination and self-
governance.
    (i) Any ambiguities in this part must be construed in favor of the 
tribes so as to facilitate and enable the transfer of programs 
authorized by 23 U.S.C. 202 and title 25 U.S.C.