C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER H—LAND AND WATER › PART 170—TRIBAL TRANSPORTATION PROGRAM › Subpart B—Tribal Transportation Program Policy and Eligibility

25 C.F.R. § 170.114

What restrictions apply to the use of a Tribal transportation facility?

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(a) All Tribal transportation facilities listed in the approved NTTFI must be open and available for public use as required by 23 U.S.C. 101(a)(31). However, the public authority having jurisdiction over these roads or the Secretary, in consultation with a Tribe and applicable private landowners, may restrict road use or close roads temporarily when:

(1) Required for public health and safety or as provided in § 170.116.

(2) Conducting engineering and traffic analysis to determine maximum speed limits, maximum vehicular size, and weight limits, and identify needed traffic control devices; and

(3) Erecting, maintaining, and enforcing compliance with signs and pavement markings.

(b) Consultation is not required whenever the conditions in paragraph (a) of this section involve immediate safety or life-threatening situations.

(c) A Tribal transportation facility owned by a Tribe or BIA may be permanently closed only when the Tribal government and the Secretary agree. Once this agreement is reached, BIA must remove the facility from the NTTFI and it will be ineligible for expenditure of any TTP funds.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2025 · leading case: United States v. Town of Lac Du Flambeau (W.D. Wis. 2025).
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United States v. Town of Lac Du Flambeau (W.D. Wis. 2025). · cites it 5× “” See 25 C.F.R. § 170.114 (2016–2025); 25 C.F.R.”
Anderson, Gordon v. Newland, Bryan (W.D. Wis. 2025). · cites it 5× “” See 25 C.F.R. § 170.114 (2016–2025); 25 C.F.R.”
Acker Gumusyazici v. Coeur d' Alene Tribe (D. Idaho 2025). “25 C.F.R. § 170.114 (federal regulation governing Tribal Transportation Programs (TTP) that includes setting speed limits and allowing restricted road use when conducting engineering and traffic analysis to determine maximum speed limits); (Dkt.”
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