--- kind: "range" citation: "25 C.F.R. §§ 170.200–170.202" title: "25" from: "170.200" to: "170.202" count: 3 url: "https://uscodex.org/cfr/25/170.200..170.202" --- # §170.200. How do BIA and FHWA determine the TTP funding amount? [23 U.S.C. 202(b)(3)(A)](/usc/23/202.md?p=b-3-A) provides the basis for the funding formula and its transition into use. The annual TTP funding amount available for distribution is determined as follows: - (a) The following set-asides are applied to the Tribal transportation program before the determination of final Tribal shares: - (1) Tribal transportation planning ([23 U.S.C. 202(c)](/usc/23/202.md?p=c)); - (2) Tribal transportation facility bridges ([23 U.S.C. 202(d)](/usc/23/202.md?p=d)); - (3) Tribal safety ([23 U.S.C 202(e)](/usc/23/202.md?p=e)); - (4) Administrative expenses ([23 U.S.C 202(a)(6)](/usc/23/202.md?p=a-6)); and - (5) Tribal supplemental program ([23 U.S.C. 202(b)(3)(C)](/usc/23/202.md?p=b-3-C)). - (b) After deducting the set asides identified in [paragraph (a)](#a) of this section, on October 1 of each fiscal year, the Secretaries will distribute the remainder authorized to be appropriated for the TTP among Indian Tribes as follows: - (1) **For fiscal year 2016 and thereafter—** - (i) For each Indian Tribe, 20 percent of the total relative need distribution factor and population adjustment factor as determined by the Tribal Transportation Allocation Methodology (see [25 CFR 170](/cfr/25/170.md) dated July 19, 2004)) for the fiscal year 2011 funding amount made available to that Indian Tribe; and - (ii) The remainder using Tribal shares as described in [§ 170.201](/cfr/25/170.201.md) and Tribal supplemental funding as described in [§ 170.202](/cfr/25/170.202.md). - (2) [Reserved] # §170.201. What is the statutory distribution formula for Tribal shares? - (a) Tribal shares are determined by using the NTTFI as calculated for fiscal year 2012, and the most recent data on American Indian and Alaska Native population within each Indian Tribe's American Indian/Alaska Native Reservation or Statistical Area, as computed under the Native American Housing Assistance and Self-Determination Act of 1996 ([25 U.S.C. 4101](/usc/25/4101.md) et seq.), in the following manner: - (1) 27 percent in the ratio that the total eligible road mileage in each Tribe bears to the total eligible road mileage of all American Indians and Alaskan Natives. For the purposes of this calculation, eligible road mileage will be computed using only facilities included in the inventory described below: - (i) Were included in the BIA System Inventory prior to October 1, 2004; - (ii) Are owned by an Indian Tribal government; - (iii) **Are owned by the Bureau of Indian Affairs.** - (2) 39 percent in the ratio that the total population in each Tribe bears to the total population of all American Indians and Alaskan Natives; and - (3) 34 percent will be initially divided equally among each BIA Region. - (b) The share of funds will be distributed to each Indian Tribe within the BIA Region in the ratio that the average total relative need distribution factors and population adjustment factors from fiscal years 2005 through 2011 for a Tribe bears to the average total of relative need distribution factors and population adjustment factors for fiscal years 2005 through 2011 in that region. # §170.202. How do BIA and FHWA determine and distribute the Tribal supplemental program funds? - (a) The total amount of funding made available for the Tribal supplemental program is determined as follows: - (1) If the amount made available for the TTP is less than or equal to $275,000,000, the Tribal supplemental funding amount will equal 30 percent of such amount. - (2) If the amount made available for the TTP exceeds $275,000,000, the Tribal supplemental funding will equal: - (i) $82,500,000; plus - (ii) 12.5 percent of the amount made available for the Tribal transportation program in excess of $275,000,000. - (b) The Tribal supplemental program funds will be distributed as follows: - (1) Initially, the Tribal supplemental program funding determined in [paragraph (a)](#a) of this section will be designated among the BIA Regions in proportion to the regional total of Tribal shares based on the cumulative Tribal shares of all Indian Tribes within the region under [§ 170.201](/cfr/25/170.201.md). - (2) After [paragraph (b)(1)](#b-1) of this section is completed, the Tribal supplemental program funding designated for each region will be distributed among the Tribes within the region as follows: - (i) The Secretaries will determine which Tribes would be entitled under [§ 170.200](/cfr/25/170.200.md) to receive in a fiscal year less funding than they would receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in [25 CFR part 170](/cfr/25/part170.md), [subpart C](/cfr/25/subpartC.md) (in effect as of July 5, 2012); and - (ii) The combined amount that such Indian Tribes would be entitled to receive in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the amount that they would be entitled to receive in the fiscal year under [§ 170.200](/cfr/25/170.200.md). - (c) Subject to [paragraph (d)](#d) of this section, the Secretaries will distribute a combined amount to each Tribe that meets the criteria described in [paragraph (b)(2)(i)](#b-2-i) of this section a share of funding in proportion to the share of the combined amount determined under [paragraph (b)(2)(ii)](#b-2-ii) of this section attributable to such Indian Tribe. - (d) A Tribe may not receive under [paragraph (b)(2)](#b-2) of this section and based on its Tribal share under [§ 170.200](/cfr/25/170.200.md) a combined amount that exceeds the amount that such Indian Tribe would be entitled to receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in [25 CFR part 170](/cfr/25/part170.md), subpart C. - (e) If the amount made available for a region under [paragraph (b)(1)](#b-1) of this section exceeds the amount distributed among Indian Tribes within that region under [paragraph (b)(2)](#b-2) of this section, The Secretaries will distribute the remainder of such region's funding under [paragraph (b)(1)](#b-1) of this section among all Tribes in that region in proportion to the combined amount that each such Tribe received under [§ 170.200](/cfr/25/170.200.md) and paragraphs [(b)](#b), [(c)](#c), and [(d)](#d) of this section.