FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1

G 6090.17

OPI: HFL-10

Par.
1. Purpose
2. Authority
3. Definitions
4. Bureau of Indian Affairs Road System
5. Bureau of Indian Affairs Road System Atlas
6. Program Planning and Approval
7. Internal Design and Construction Review Procedures
8. Design
9. Advertisements, Negotiations, and Award of Contract
10. Construction
11. Reporting
12. Maintenance

1. PURPOSE. To identify and set forth the responsibilities of the Federal Highway Administration (FHWA) with respect to the construction and improvement of Indian Reservation Roads funded from the Highway Trust Fund under the Federal Lands Highways Program.

2. AUTHORITY. 23 U.S.C. 101, 109, 116, 117, 202, 203, and 204; 25 U.S.C. 318a; and the Memorandum of Agree ment between the Bureau of Indian Affairs (BIA) and the FHWA dated May 24, 1983.

3. DEFINITIONS

   1. Division Administrator - the Division Administrator of the FHWA for the State in which the project is located.

   2. Division Engineer - the FHWA Federal Lands Highway Division Engineer for the geographical area where the project is located.

   3. Federal Lands Highway Program Administrator -the FHWA official who is responsible for admin istration of the nationwide Federal Lands High way Program, which comprises the Federal Lands Highway Programs Office in Washington, D.C., and three Federal Lands Highway divisions.

   4. Indian Reservation Roads (IRR) - public roads, including roads on the Federal-aid systems, that are located within or provide access to an Indi an reservation, Indian trust land, or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government, or to Indian and Alaska Native vil lages, groups, of communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.

   5. Bureau of Indian Affairs (BIA) - the term BIA as used in this directive stands for any official or office within the BIA authorized to act on behalf of the BIA.

   6. Area Director - the BIA Area Director for the administrative area in which the project is located.

   7. Area Road Engineer - the BIA Area Road Engineer for the administrative area in which the project is located.

   8. Tribal Governing Body - the governing body of the reservation or communities where the Indian Reservation Roads and Bridges are located.

   9. Agency Superintendent - the BIA Agency Superintendent or other designated representative who has immediate administrative jurisdiction over the affairs of the BIA at the local level whichmay involve one tribe, a part of a large tribe, or several small tribes.

4. BUREAU OF INDIAN AFFAIRS ROAD SYSTEM. The BIA in consultation with the Indian Tribes, is responsible for designating the BIA Road System and performing necessary inventory and planning work. The Washing ton Headquarters office of the FHWA will review and concur in the BIA planning process on a national and Area-wide basis.

   1. A BIA Road System consists of those roads which are important to the overall public transporta tion needs of the reservation as recommended by the Tribal Governing Body. These are public roads for which the BIA has primary responsibil ity for maintenance and improvement and whose designation criteria are in the BIA Manual Sec tion 57 BIAM 4.2. Roads included on the BIA Road System generally would not be on a Federal-aid system for which financial aid is available under 23 U.S.C. 104.

   2. The document entitled, "Bureau of Indian Affairs, Indian Road System - Road Inventory and Needs Study" describes the present BIA Road System. It describes all roads currently on the system including their location and physical characteristics, evaluates their condition, and provides an estimate of improvement costs. The Road Inventory and Needs Study serves as the basic planning document at the local reservation level and a resource document for the BIA Area Director. The Needs Study Summary provides information for the establishment of the annual fudning levels.

   3. Interim changes to the BIA Road System will be made when recommended by the Tribal Governing Body and Agency Superintendent and when approved by the Area Director. The Area Director will submit proposed changes to the appropriate FHWA Division Administrator for coordination with the State and local highway agencies before final approval.

   4. After final approval by BIA, the Area Director will distribute revised route sheets and updated documents incorporating changes to the Federal Lands Highway Program Administrator, the appropriate Federal Lands Highway Division Engi neer, and the appropriate FHWA Division Adminis trator. These route sheets and documents will support the maps included in the BIA Road System Atlas.

5. BUREAU OF INDIAN AFFAIRS ROAD SYSTEM ATLAS. The BIA will furnish the Federal Lands Highway Program Admin istrator, a minimum of three copies of system maps for appropriate distribution to the FHWA Federal Lands Highway Division Engineers and the appropriate FHWA Division Administrators who have a BIA Road System Atlas. The maps contained in the Atlas will distinguish, by suitable legend, the Indian Reserva tion Road Systems and other connecting roads. Chang es to the Atlas will be made by the Area Director's submission of copies of revised maps to the Federal Lands Highway Program Administrator, the appropriate Federal Lands Highway Division Engineer, and the appropriate FHWA Division Administrator.

6. PROGRAM PLANNING AND APPROVAL

   1. The BIA will be responsible for carrying out a transportation planning process for the BIA Road System, deemed adequate to support the construction and improvement program. The research and planning process is described in the BIA Manual Section 57 BIAM and is in general conformance with 23 U.S.C. This research and planning process should include but not be limited to system planning, functional classifications, route designation, traffic and accident data, road and bridge physical condition inventory, identification of backlog of road and bridge improvement, and the development of annual and long-range priority program of projects.

   2. The Federal Lands Highway Program Administrator is responsible for reviewing and approving the BIA research and planning process. The BIA should monitor and document the impact of the Indian Reservation Road Program on meeting the identified backlog of transportation needs in cluding accomplishments, areas of needed special emphasis, and needed funding levels.

   3. The BIA shall submit the annual priority program to the Federal Lands Highway Program Administrator for review, approval, and allocation of Indian Reservation Road funds. The BIA shall submit, along with the priority program of projects, documentation on how the program meets the relative transportation needs of the various reservations. The Federal Lands Highway Program Administrator will furnish copies of the approved Annual Priority Program of Projects, including updates, to the Federal-aid divisions through the appropriate Federal-aid regional offices and to the Federal Lands Highway divisions.

   4. As soon as possible after the submission of the Priority Program of Projects, the BIA should advise the Federal Lands Highway Program Admin istrator, in writing, of those planning and engineering studies, traffic engineering servic es, project development, and construction con tract administration projects which will be administered by the Federal Lands Highway divi sions.

   5. A prerequisite for any project to be approved for construction is that such project meets the requirements for inclusion under the definition of Indian Reservation Roads. All proposed pro jects on the BIA Road System will meet this criterion. For projects which are not on the BIA Road System, the Area Director will include a statement that the project is eligible for in clusion under the definition of Indian Reserva tion Roads.

   6. The BIA and FHWA Headquarters shall conduct, as necessary, program and policy review conferenc es. Information for such conferences will in clude all necessary project and program documen tation to support the BIA assessment of trans portation needs. This would include all special studies and research on relative needs. The FHWA shall provide information available on financing the Indian Reservation Road Program and recommendations as to possible alternatives that should be considered as a result of reviews and analysis of data provided by BIA.

7. INTERNAL DESIGN AND CONSTRUCTION REVIEW PROCEDURES

   1. Each BIA Area Office shall have an internal second-level review process to ensure that work undertaken by the BIA meets the design/project development, advertisement and procurement of contracts, quality control of construction, contract administration, and maintenance proce dures as described herein and as may be modified by mutual agreement by the BIA central office and the Federal Lands Highway Program Adminis trator. The BIA central office is responsible for the development of these procedures. The Federal Lands Highway Program Administrator will be responsible for approving the internal con trol procedures and applicable standards on an Area-wide basis.

   2. The Federal Lands Highway Program Administrator will participate with the BIA central office in making periodic program reviews and evaluations of the procedures. The FHWA regional and divi sion offices, the Federal Lands Highway divi sions and BIA Area and Agency offices may be requested to provide assistance in the reviews.

8. DESIGN. The design/project development shall be in accordance with the procedures described below:

   1. All projects including force account work performed by the BIA forces will have project plans, specifications, and estimates (PS&E). The BIA is responsible for the preparation of the design, including the PS&Es, in accordance with approved standards, applicable National Environmental Policy Act regulations, and public involvement requirements. The Federal Lands Highway Program Administrator is responsible for approving the BIA project development procedures for each BIA Area, including design standards as outlined in the BIA Road Location and Design Handbook.

   2. The BIA will accomplish the preparation of the PS&E in accordance with the following policies and procedures:

      (1) Projects will be designed in accordance with standards, specifications, policies, and guides prescribed in 23 CFR, Part 625, Design Standards for Highways, or the ap proved BIA Road Location and Design Hand book, as applicable. Careful consideration should be given to location, alignment, and design on new low-volume type roads so the initial investment will not be lost if it becomes necessary at a later date to im prove the road to higher standards. The BIA is responsible for submitting the BIA Road Location and Design Handbook to the FHWA for review and approval.

      (2) Except as modified in paragraph 8b(3) below, plan assemblies will include a title sheet, typical cross sections, summary of quantities, plan and profile sheets, struc tural design, and any standard or special drawings required to properly detail the proposed construction.

      (3) When appropriate, project plans may be abbreviated by consisting of a title sheet, typical cross sections, summary of quanti ties, schedule of work, and any standard or special drawings for 3R and reconstruction type projects or minor work. No profile or cross section sheets are needed except where required to indicate significant changes in grade or typical cross section. A drainage structure schedule should be included in the plans.

      (4) The plan title sheet will show the title, key map, project map with sufficient iden tifying information so that the project may be easily located, an index of the sheets in the plans, appropriate signature block, design designation including design speed, maximum grades and curvature, minimum nonpassing sight distance, current and de sign year traffic volumes, the design load for structures, and project length. All plan sheets will be identified by project number, page number, and date of latest revision. These page numbers and dates will also be shown in the index of sheets.

      (5) The latest edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects will generally be used with the necessary special provisions to adapt them for force account work under the BIA supervision. On work to be performed by contract, the stan dard specifications of the State highway agency of the State in which the project is located may be substituted when properly modified to meet the requirements of Feder al construction contracts.

   3. The BIA is responsible for the necessary coordination with other agencies and governments, such as compliance with Executive Order 12372, the National Environmental Policy Act, the policy and procedures for obtaining public participation in the road planning decision-making process, right-of-way acquisition, and other environmentalrequirements.

   4. After completing a PS&E review, the BIA will incorporate any agreed upon revisions and then process for approval by the BIA Area Director. Prior to approval by the Area Director, all PS&Es shall include the following documentation:

      (1) the method by which the project is to be constructed;

      (2) a statement that the BIA has obtained necessary rights-of-way, utility agreements, archaeological clearance, and flood hazard clearance;

      (3) a statement that environmental requirements have been met;

      (4) a statement to identify responsibility for future maintenance of the proposed project; and

      (5) documentation on safety requirements of other applicable laws and regulations.

   5. Eligible items of work are those normally identified under the same uniform policies as roads on the Federal-aid systems and as outlined in 23 U.S.C. 101. Also, the proposed work must be considered eligible work for a construction project.

   6. The BIA is responsible for the coordination of project development matters with State and local governments. The BIA may submit completed PS&Es of a complex nature to FHWA Division Administra tors for review and comment.

   7. For projects being undertaken by the Federal Lands Highway divisions, internal project devel opment procedures will be followed to ensure that design is in accordance with procedures prescribed herein. Project agreements executed between BIA and Federal Lands or others shalloutline responsibilities for each project. The Federal Lands Highway division will normally be responsible for conducting any necessary engi neering studies and preparation of the PS&E on these projects. Environmental documents shall be prepared and coordinated as determined appro priate on a project-by-project basis. All ac tions on project development will be subject to review and concurrence by the BIA Area Director.

9. ADVERTISEMENTS, NEGOTIATIONS, AND AWARD OF CONTRACT

   1. If construction is to be by a formally advertised contract (competitive bid), a bid evalua tion and a statement of the Area Director's action along with a copy of the contract plans and special provisions will be submitted to the FHWA Division Administrator for information.

   2. If construction is to be by a negotiated contract, applicable Federal regulations will be followed. Also, the companies contacted, con sidered, or negotiated with for the construction of the approved project shall be documented. A copy of the contract plans and special provi sions will be submitted to the appropriate FHWA Division Administrator for information and use.

   3. If construction is to be performed by BIA forces, an affirmative finding shall be documented that it is more cost-effective and in the public interest. A copy of the contract plans and spe cial provisions will be submitted to the appro priate FHWA Division Administrator for informa tion and use.

   4. For those projects being undertaken by Federal Lands Highway divisions, the Federal Lands High way Division Engineer or contracting agency will advertise and/or negotiate and award the con tracts. The Federal Lands Highway Division Engineer will furnish to the BIA Area Office, copies of documents required under paragraphs 9a and 9b above for review and concurrence. Copies of approved documents will also be provided tothe appropriate FHWA Division Administrator for information.

10. CONSTRUCTION. Each BIA Area office shall have adequate internal procedures and oversight staff to ensure construction quality control and proper con tract administration on work being undertaken by the BIA. The BIA will use the latest edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects or the State highway agency Standard Specifications for Construc tion.

    1. The construction of the project and contract administration will be the responsibility of the BIA and may be subject to the review and inspec tion of the FHWA. For those projects being administered by Federal Lands the final inspeciton is the responsibility of the Federal Lands Highway divisions. The FHWA Federal-aid division will be responsible for all other final inspections. Final inspections shall be per formed with the purpose to fulfill the same intent as defined in the Federal-aid Policy Guide, Chapter 6, G 6042.8, Monitoring of Feder al-Aid Highway Construction Projects. The final inspection may be performed concurrently or following the BIA final inspection. The BIA should promptly notify the Federal-aid division office of the contract completion.

    2. A final acceptance report and as-constructed plans will be prepared by the BIA. A copy of the final acceptance report shall be provided to the FHWA Division Administrator. FHWA Form-1446C may be used for this report.

    3. The BIA is responsible for coordinating construction related matters with State and local governments and may request FHWA liaison assis tance through the Division Administrator.

    4. For those projects undertaken by Federal Lands Highway forces, the following procedures apply:

       (1) Changes of the contract plans or specifications shall have the concurrence of the BIA Area Director.

       (2) The Federal Lands Highway divisions, or others, performing the contract administra tion shall furnish project status reports to the BIA and afford the BIA an opportuni ty to participate in project inspections.

       (3) Upon completion, the BIA shall furnish written recommendations to the FHWA for project acceptance prior to FHWA acceptance and final payment to the contractor. The FHWA will furnish the BIA a final construc tion report and as-constructed plans.

       (4) The FHWA Federal Lands Highway divisions shall be responsible for all payments to contractors and/or other service received which are under the responsibilities of FHWA.

11. REPORTING. The BIA, upon request, shall furnish highway statistical data and capital and maintenance expenditures to the FHWA Washington Headquarters for the annual "Highway Statistics" publication.

    1. The BIA and the FHWA shall exchange reports and data on preliminary engineering, construction engineering, obligation, and expenditure for each porject on a monthly basis as outlined in the Memorandum of Agreement between the BIA and the FHWA dated May 24, 1983, or as subsequently amended.

    2. The BIA shall furnish to the Federal Lands Highway Program Administrator, at the end of each fiscal year, a cumulative list of completed construction projects funded under the IRR pro gram. The data for each project shall include the BIA Area, Agency/reservation where the pro ject is located, the BIA route number and/or the local route number, termini, type of work and completion date.

    3. The BIA and the FHWA Headquarters shall also exchange information on any contract claims or litigation arising out of, or in connection with, a project.

12. MAINTENANCE

    1. Indian Reservation Road projects constructed with Federal Lands Highways Program funds are maintained or caused to be maintained in accor dance with 23 U.S.C. 116 (Maintenance) except that the following terms in Section 116 will be affected for matters of clarification for those IRRs maintained by the BIA:

       (1) The term State highway department shall mean BIA.

       (2) The term State shall mean the political subdivision in which the project is located (i.e., Indian lands or reservation).

       (3) The term Federal-aid System or Federal-aid Secondary System shall mean BIA Road Sys tem.

    2. Periodic program review on maintenance of completed projects will be conducted in the spirit of 23 CFR, Part 635E. The Federal-aid division office within the State where the project is located will sample inspect completed Indian Reservation Road projects on the Federal-aid systems which are maintained by a State or local highway agency. Roads which are on the Federal-aid systems and maintained by the BIA will be identified. The Indian Reservation Road pro jects off the Federal-aid systems and those on the Federal-aid systems which are maintained by the BIA, will be sample inspected by the FHWA Federal Lands Highway divisions. The FHWA may supplement existing policies and procedures on maintenance inspections to meet organizational needs. Such policies and procedures will be developed in cooperation with the BIA.

    3. Those roads under the control of a State or local highway agency which are eligible and receive IRR funds will require an agreement between the BIA and the State or local highwayagency to define responsibilities for proper maintenance.

    4. The BIA shall adopt and implement internal maintenance guidelines/procedures to ensure proper maintenance on the BIA Road System. These maintenance procedures should be in accordance with the intent of 23 CFR, Part 635E.

Home | Directives | Non-reg. Non-CFR Guidance TOC | Feedback United States Department of Transportation - Federal Highway Administration