---
kind: "section"
citation: "25 C.F.R. § 170.113"
title: "25"
number: "170.113"
heading: "How can a Tribe determine whether a new use of funds is allowable?"
url: "https://uscodex.org/cfr/25/170.113"
---

# §170.113. How can a Tribe determine whether a new use of funds is allowable?

- (a) A Tribe that proposes new uses of TTP funds must ask BIA or FHWA in writing whether the proposed use is eligible under Federal law.
  - (1) In cases involving eligibility questions that refer to 25 U.S.C., BIA will determine whether the new proposed use of TTP 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](/cfr/25/part2.md). The address is: Department of the Interior, BIA, Division of Transportation, 1849 C Street NW., MS 4513 MIB, Washington, DC 20240.
  - (2) In cases involving eligibility questions that refer to the TTP 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, 1200 New Jersey Ave. SE., Washington, DC 20590.
- (b) To the extent practical, the deciding agency must consult with the TTP Coordinating Committee before denying a request.
- (c) **BIA and FHWA will—**
  - (1) Send copies of all eligibility determinations to the TTP Coordinating Committee and BIA Regional offices;
  - (2) Coordinate all responses and if the requested agency fails to issue a decision to the requesting Tribe within the required time, the proposed use will be deemed to be allowable for that specific project; and
  - (3) **Promptly make any final determination available on agency Web sites.**

## Notes

### Authority

Authority: Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 U.S.C. 2, 9.

### Source

Source: 81 FR 78463, Nov. 7, 2016, unless otherwise noted.