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 H—Miscellaneous Provisions

25 C.F.R. § 170.934

Are alternative dispute resolution procedures available?

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(a) Federal agencies should use mediation, conciliation, arbitration, and other techniques to resolve disputes brought by TTP beneficiaries. The goal of these alternative dispute resolution (ADR) procedures is to provide an inexpensive and expeditious forum to resolve disputes. Federal agencies should resolve disputes at the lowest possible staff level and in a consensual manner whenever possible.

(b) Except as required in 25 CFR part 900 and part 1000, Tribes operating under a self-determination contract or self-governance agreement are entitled to use dispute resolution techniques prescribed in:

(1) The ADR Act, 5 U.S.C. 571-583;

(2) The Contract Disputes Act, 41 U.S.C. 601-613; and

(3) The ISDEAA and the implementing regulations (including for non-construction the mediation and alternative dispute resolution options listed in 25 U.S.C. 4501 (model contract section (b)(12)).

(4) Tribes operating under a Program Agreement with FHWA are entitled to use dispute resolution techniques prescribed in 25 CFR 170.934 and Article II, Section 4 of the Agreement.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2023 · leading case: Pollard, Donald v. Johnson, Sr., John (W.D. Wis. 2023).
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Pollard, Donald v. Johnson, Sr., John (W.D. Wis. 2023). “25 C.F.R. § 170.934 . And no provision suggests intent by Congress to create a federal cause of action or any means of federal judicial enforcement of the program, let alone to authorize a cause of action that could be enforced by private individuals against a tribe, tribal…”
Pollard, Donald v. Johnson, Sr., John (W.D. Wis. 2023). “25 C.F.R. § 170.934 . And no provision suggests intent by Congress to create a federal cause of action or any means of federal judicial enforcement of the program, let alone to authorize a cause of action that could be enforced by private individuals against a tribe, tribal…”
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