§170.471. How are projects administered?
25 C.F.R. § 170.471
When a Tribe carries out a TTP project, the project will be administered in accordance with a self-determination contract, self-governance agreement, Program Agreement or other appropriate agreement and this regulation.
If BIA or FHWA discovers a problem during an on-site monitoring visit, BIA or FHWA must promptly notify the Tribe and, if asked, provide technical assistance.
Only the State-licensed professional engineer of record whose name and professional stamp appear on the PS&E or who is responsible for the overall project design may change a TTP project's PS&E during construction.
The original approving agency must review each substantial change. The approving agency is the Federal, Tribal, State, or local entity with PS&E approval authority over the project.
The approving agency must consult with the affected Tribe and the entity having maintenance responsibility.
A change that exceeds the limits of available funding may be made only with the approving agency's consent.
Notes, amendments, and revision history
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.