---
kind: "section"
citation: "49 C.F.R. § 29.400"
title: "49"
number: "29.400"
heading: "What funds may a Tribe elect to include in a funding agreement?"
url: "https://uscodex.org/cfr/49/29.400"
---

# §29.400. What funds may a Tribe elect to include in a funding agreement?


A Tribe may elect to include in a funding agreement the following funds:

- (a) Funds provided to the Tribe under the Tribal Transportation Program identified in [23 U.S.C. 202](/usc/23/202.md) in accordance with the statutory formula set forth in [23 U.S.C. 202(b)](/usc/23/202.md?p=b);
- (b) Any transit funds provided to the Tribe under [49 U.S.C. 5311](/usc/49/5311.md);
- (c) Funds for any discretionary or competitive grant administered by the Department awarded to the Tribe for a transportation program under [title 23](/cfr/23.md) of the U.S. Code or chapter 53 of title 49 of the U.S. Code;
- (d) Funds for any other discretionary or competitive grant for a transportation-related purpose administered by the Department otherwise available to the Tribe;
- (e) Federal-aid funds apportioned to a State under chapter 1 of title 23 of the U.S. Code if the State elects to transfer, pursuant to 23 U.S.C. [207(d)(2)(A)(ii)](/usc/23/207.md?p=d-2-A-ii) or [23](/usc/23/23.md) U.S.C. 202(a)(9), a portion of such funds to the Tribe for an eligible project; and
- (f) Formula funds awarded to a State under [49 U.S.C. 5311](/usc/49/5311.md) that the State elects to award to the Tribe, where the Tribe and State agree that the Department will award the funds directly to the Tribe.

## Notes

### Authority

Authority: 23 U.S.C. 207

### Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.