Appendix A to Subpart B of Part 170 - Allowable Uses of TTP funds
25:1.0.1.8.76.2.281.40.1 : Appendix A
Appendix A to Subpart B of Part 170 - Allowable Uses of TTP funds
TTP funds must be used to pay the cost of those items identified
in 23 U.S.C. 202(a)(1), including:
(a) TTP funds can be used for the following planning and design
activities:
(1) Planning and design of Tribal Transportation Facilities.
(2) Transportation planning activities, including planning for
tourism and recreational travel.
(3) Development, establishment, and implementation of Tribal
transportation management systems such as safety, bridge, pavement,
and congestion management.
(4) Tribal transportation plans and transportation improvement
programs (TIPS).
(5) Coordinated technology implementation program (CTIP)
projects.
(6) Traffic engineering and studies.
(7) Identification, implementation, and evaluation of
data-driven safety needs.
(8) Tribal transportation standards.
(9) Preliminary engineering studies.
(10) Interagency program/project formulation, coordination and
review.
(11) Environmental studies and archeological investigations
directly related to transportation programs and projects.
(12) Costs associated with obtaining permits and/or complying
with Tribal, Federal, State, and local environmental, archeological
and natural resources regulations and standards.
(13) Development of natural habitat and wetland conservation and
mitigation plans, including plans authorized under the Water
Resources Development Act of 1990, 104 Stat. 4604 (Water Resources
Development Act).
(14) Architectural and landscape engineering services related to
transportation programs.
(15) Engineering design related to transportation programs,
including permitting activities.
(16) Inspection of bridges and structures.
(17) Tribal Transportation Assistance Centers (TTACs).
(18) Safety planning, programming, studies and activities.
(19) Tribal employment rights ordinance (TERO) fees.
(20) Purchase or lease of advanced technological devices used
for transportation planning and design activities such as global
positioning units, portable weigh-in-motion systems, hand-held data
collection units, related hardware and software, etc.
(21) Planning, design and coordination for Innovative Readiness
Training projects.
(22) Transportation planning and project development activities
associated with border crossings on or affecting Tribal lands.
(23) Public meetings and public involvement activities
associated with transportation projects and planning.
(24) Leasing or rental of equipment used in transportation
planning or design programs.
(25) Transportation-related technology transfer activities and
programs.
(26) Educational activities related to bicycle safety.
(27) Planning and design of mitigation impacts to environmental
resources caused by a transportation project, including, but not
limited to, wildlife, habitat, ecosystems, historic properties, and
wetlands.
(28) Evaluation of community impacts such as land use, mobility,
access, social, safety, psychological, displacement, economic, and
aesthetic impacts.
(29) Acquisition of land and interests in land required for
right-of-way, including control of access thereto from adjoining
lands, the cost of appraisals, cost of surveys, cost of examination
and abstract of title, the cost of certificate of title,
advertising costs, and any fees incidental to such acquisition.
(30) Cost associated with relocation activities including
financial assistance for displaced businesses or persons and other
activities as authorized by law.
(31) On-the-job education including classroom instruction and
pre-apprentice training activities related to transportation
planning and design.
(32) Other eligible activities as approved by FHWA.
(33) Any additional activities identified by TTP Coordinating
Committee guidance and approved by the appropriate Secretaries (see
§ 170.137).
(34) Indirect general and administrative costs; and
(35) Other eligible activities described in this part.
(b) TTP funds can be used for the following construction and
improvement activities:
(1) Construction, reconstruction, rehabilitation, resurfacing,
restoration, and operational improvements for Tribal transportation
facilities.
(2) Construction or improvement of Tribal transportation
facilities necessary to accommodate other transportation modes.
(3) Construction of toll roads, highway bridges and tunnels, and
toll and non-toll ferry boats and terminal facilities, and
approaches thereto (except when on the Interstate System) to the
extent permitted under 23 U.S.C. 129.
(4) Construction of projects for the elimination of hazards at
railway-highway crossings, including the separation or protection
of grades at crossings, the reconstruction of existing railroad
grade crossing structures, and the relocation of highways to
eliminate grade crossings.
(5) Installation of protective devices at railway-highway
crossings.
(6) Transit facilities, whether publicly or privately owned,
that serve Indian reservations and other communities or that
provide access to or are located within an Indian reservation or
community (see §§ 170.131 through 170.134 for additional
information).
(7) Engineered pavement overlays that add to the structural
value and design life or increase the skid resistance of the
pavement.
(8) Tribally-owned, post-secondary vocational school
transportation facilities.
(9) Road sealing.
(10) The placement of a double bituminous surface and chip seals
during the construction of an approved project (as the non-final
course) or that form the final surface of low volume roads.
(11) Seismic retrofit, replacement, rehabilitation, and painting
of road bridges.
(12) Application of calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions on road bridges, and
approaches thereto and other elevated structures.
(13) Installation of scour countermeasures for road bridges and
other elevated structures.
(14) Special pedestrian facilities built in lieu of streets or
roads, where standard street or road construction is not
feasible.
(15) Standard regulatory, warning, guide, and other official
traffic signs, including dual language signs, which comply with the
MUTCD that are part of transportation projects. TTP funds may also
be used on interpretive signs (signs intended for viewing only by
pedestrians, bicyclists, and occupants of vehicles parked out of
the flow of traffic) that are culturally relevant (native language,
symbols, etc.) that are a part of transportation projects.
(16) Traffic barriers and bridge rails.
(17) Engineered spot safety improvements.
(18) Planning and development of rest areas, recreational
trails, parking areas, sanitary facilities, water facilities, and
other facilities that accommodate the traveling public.
(19) Public approach roads and interchange ramps that meet the
definition of a Tribal Transportation Facility.
(20) Construction of roadway lighting and traffic signals.
(21) Adjustment or relocation of utilities directly related to
roadway work, not required to be paid for by local utility
companies.
(22) Conduits crossing under the roadway to accommodate
utilities that are part of future development plans.
(23) Restoration of borrow and gravel pits created by projects
funded from the TTP.
(24) Force account and day labor work, including materials and
equipment rental, being performed in accordance with approved plans
and specifications.
(25) Experimental features where there is a planned monitoring
and evaluation schedule.
(26) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
(27) Safely accommodating the passage of vehicular and
pedestrian traffic through construction zones.
(28) Construction engineering including contract/project
administration, inspection, and testing.
(29) Construction of temporary and permanent erosion control,
including landscaping and seeding of cuts and embankments.
(30) Landscape and roadside development features.
(31) Marine facilities and terminals as intermodal linkages.
(32) Construction of visitor information centers, kiosks, and
related items.
(33) Other appropriate public road facilities such as visitor
centers as determined by the Secretary of Transportation.
(34) Facilities adjacent to roadways to separate pedestrians and
bicyclists from vehicular traffic for operational safety purposes,
or special trails on separate rights-of-way.
(35) Construction of pedestrian walkways and bicycle
transportation facilities, such as a new or improved lane, path, or
shoulder for use by bicyclists and a traffic control device,
shelter, or parking facility for bicycles.
(36) Facilities adjacent to roadways to separate modes of
traffic for safety purposes.
(37) Acquisition of scenic easements and scenic or historic
sites provided they are part of an approved project or
projects.
(38) Debt service on bonds or other debt financing instruments
issued to finance TTP construction and project support
activities.
(39) Any project to encourage the use of carpools and vanpools,
including provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
(40) Fringe and corridor parking facilities including access
roads, buildings, structures, equipment improvements, and interests
in land.
(41) Adjacent public parking areas.
(42) Costs associated with obtaining permits and/or complying
with Tribal, Federal, State, and local environmental,
archeological, and natural resources regulations and standards on
TTP projects.
(43) Seasonal transportation routes, including snowmobile
trails, ice roads, overland winter roads, and trail markings. (See
§ 170.117.)
(44) Tribal fees such as employment taxes (TERO), assessments,
licensing fees, permits, and other regulatory fees.
(45) On-the-job education including classroom instruction and
pre-apprentice training activities related to TTP construction
projects such as equipment operations, surveying, construction
monitoring, testing, inspection and project management.
(46) Installation of advance technological devices on TTP
transportation facilities such as permanent weigh-in-motion
systems, informational signs, intelligent transportation system
hardware, etc.
(47) Cultural and environmental resource monitoring, management,
and mitigation for transportation related activities
(48) Mitigation activities required by Tribal, State, or Federal
regulatory agencies and 42 U.S.C. 4321, et seq., the
National Environmental Policy Act (NEPA).
(49) Purchasing, leasing or renting of construction or
maintenance equipment. All equipment purchase request submittals
must be accompanied by written cost analysis and approved by FHWA
or BIA. When purchasing construction or maintenance equipment, a
Tribe must:
(i) Construction - Develop a lease/purchase cost analysis that
identifies the overall benefit of purchasing the piece of equipment
versus leasing. This analysis must be submitted to BIA or FHWA for
approval per § 170.113. If approved, the funding must be identified
on a FHWA-approved TTIP in order to be expended in accordance with
23 U.S.C. 202(b)(4)(B).
(ii) Maintenance - The equipment costs are considered part of
the funding identified in 23 U.S.C. 202(a)(8) and must be
identified on a FHWA-approved TTIP in accordance with 23 U.S.C.
202(b)(4)(B) in order to be expended.
(50) Coordination and construction materials for innovative
readiness training projects operated by entities such as the
Department of Defense (DOD), the American Red Cross, the Federal
Emergency Management Agency (FEMA), other cooperating Federal
agencies, States and their political subdivisions, Tribal
governments, or other appropriate non-governmental
organizations.
(51) Emergency repairs on Tribal Transportation Facilities.
(52) Public meetings and public involvement activities.
(53) Construction of roads on dams and levees.
(54) Transportation alternative activities as defined in 23
U.S.C. 101(a).
(55) Modification of public sidewalks adjacent to or within
Tribal transportation facilities.
(56) Highway and transit safety infrastructure improvements and
hazard eliminations.
(57) Transportation control measures such as employer-based
transportation management plans, including incentives, shared-ride
services, employer sponsored programs to permit flexible work
schedules and other activities, other than clause (xvi) listed in
section 108(f)(1)(A) of the Clean Air Act, (42 U.S.C.
7408(f)(1)(A)).
(58) Environmental restoration and pollution abatement
activities in order to construct a transportation project or to
mitigate impacts caused by a transportation project.
(59) Trail development and related activities as identified in
§§ 170.123 through 170.126.
(60) Development of scenic overlooks and information
centers.
(61) Natural habitat and wetlands mitigation efforts related to
TTP projects, including:
(i) Participation in natural habitat and wetland mitigation
banks, including banks authorized under the Water Resources
Development Act, and
(ii) Contributions to Tribal, statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and
wetland, including efforts authorized under the Water Resources
Development Act.
(62) Mitigation of damage to wildlife, habitat and ecosystems
caused as a result of a transportation project.
(63) Construction of permanent fixed or moveable structures for
snow or sand control.
(64) Cultural access roads (see § 170.115).
(65) Other eligible items as approved by the Federal Highway
Administration (FHWA).
(66) Any additional activities proposed by a Tribe or the TTP
Coordinating Committee and approved by the appropriate Secretaries
(see §§ 170.113 and 170.136).
(67) Other eligible activities identified in this part (c) TTP
funds can be used for maintenance activities as defined in subpart
G of this regulation.
(d) Each of the items identified in this appendix must be
interpreted in a manner that permits, rather than prohibits, a
proposed use of funds.