25 C.F.R. § 170.120
How can Tribes use Federal highway funds for toll and ferry facilities?
(a) A Tribe can use Federal-aid highway funds, including TTP funds, to study, design, construct, and operate toll highways, bridges, and tunnels, as well as ferry boats and ferry terminal facilities. The following table shows how a Tribe can initiate construction of these facilities.
| To initiate construction of a . . . | A Tribe must . . . |
|---|---|
| (1) Toll highway, bridge, or tunnel | (i) Meet and follow the requirements in 23 U.S.C. 129; and (ii) If TTP funds are used, enter into an Agreement as defined in § 170.5. |
| (2) Ferry boat or ferry terminal | Meet and follow the requirements in 23 U.S.C. 129(c). |
(b) A Tribe can use TTP funds to fund 100 percent of the conversion or construction of a toll facility.
(c) If a Tribe obtains non-TTP Federal funding for the conversion or construction of a toll facility, the Tribe may use TTP funds to satisfy any matching fund requirements.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2008–2025 · leading case: Lyon v. Gila River Indian Cmty., 626 F.3d 1059 (9th Cir. 2010).
Lyon v. Gila River Indian Cmty., 626 F.3d 1059 (9th Cir. 2010). “25 C.F.R. § 170.120 . “Certain IRR transportation facilities [a term that includes public roads, 25 C.”
Lyon v. Gila River Indian Cmty., 384 B.R. 263 (D. Ariz. 2008). “As a result, the Court concludes that the Trustee has shown that Murphy Road, from Casa Blanca Road south to the Reservation’s southern boundary, is an Indian Reservation Road, as defined above, that is “open and available for public use.”
United States v. Town of Lac Du Flambeau (W.D. Wis. 2025). “114 (2016–2025); 25 C.F.R. § 170.120 (2004–2016). The only exceptions noted in the regulation are that the public authority responsible for the roads can restrict or close them, if necessary, (1) for public health and safety; (2) to conduct engineering and traffic analysis; or…”
Anderson, Gordon v. Newland, Bryan (W.D. Wis. 2025). “114 (2016–2025); 25 C.F.R. § 170.120 (2004–2016). The only exceptions noted in the regulation are that the public authority responsible for the roads can restrict or close them, if necessary, (1) for public health and safety; (2) to conduct engineering and traffic analysis; or…”
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