---
kind: "section"
citation: "25 C.F.R. § 170.461"
title: "25"
number: "170.461"
heading: "May a Tribe approve plans, specifications, and estimates?"
url: "https://uscodex.org/cfr/25/170.461"
---

# §170.461. May a Tribe approve plans, specifications, and estimates?


An Indian Tribal government may approve plans, specifications and estimates and commence road and bridge construction with funds made available from the TTP through a self-determination contract, self-governance agreement, Program Agreement or other appropriate agreement, developed in accordance with [23 U.S.C. 202(b)(6)](/usc/23/202.md?p=b-6) & (b)(7), if the Indian Tribal government:

- (a) Provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;
- (b) Obtains advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards;
- (c) Provides a copy of the certification under [paragraph (a)](#a) of this section to the Deputy Assistant Secretary for Tribal Government Affairs, Department of Transportation, or the Assistant Secretary—Indian Affairs, DOI, as appropriate; and
- (d) Provides a copy of all project documentation identified in [§ 170.460](/cfr/25/170.460.md) to BIA or FHWA before the start of construction.

## 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.