170.130—How can tribes use Federal highway funds for toll and ferry facilities?
(a)
A tribe can use Federal-aid highway funds, including IRR Program 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 set forth in 23 U.S.C. 129 ; and(ii) If IRR Program funds are used, enter into a self-tunnel governance agreement or self-determination contract with the Secretary of the Interior. |
| (2) Ferry boat or ferry terminal | Meet and follow the requirements set forth in 23 U.S.C. 129(c) . |
(b)
A tribe can use IRR Program funds to fund 100 percent of the conversion or construction of a toll facility.
(c)
If a tribe obtains non-IRR Program Federal funding for the conversion or construction of a toll facility, these funds will cover a maximum of 80 percent of the project cost. In this case, the tribe may use IRR Program funds for the required 20 percent local match.