Code of Federal Regulations · Section
§ 170.435 — When Is A Public Hearing Required?
25 C.F.R. § 170.435
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The Tribe, or BIA or FHWA after consultation with the appropriate Tribe and other involved agencies, determines whether or not a public hearing is needed for a TTPTIP, a LRTP, or a project. A public hearing must be held if a project:
(a) Is for the construction of a new route or facility;
(b) Would significantly change the layout or function of connecting or related roads or streets;
(c) Would cause a substantial adverse effect on adjacent property; or
(d) Is controversial or expected to be controversial in nature.
Authorizing Statute
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Duties of Commissioner25 U.S.C. § 2
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Federal lands and tribal transportation programs23 U.S.C. § 201