25 CFR § 170.435 - When is a public hearing required?

---
identifier: "/us/cfr/t25/s170.435"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 170.435 - When is a public hearing required?"
title_number: 25
title_name: "Indians"
section_number: "170.435"
section_name: "When is a public hearing required?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "H"
subchapter_name: "LAND AND WATER"
part_number: "170"
part_name: "TRIBAL TRANSPORTATION PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 U.S.C. 2, 9."
regulatory_source: "81 FR 78463, Nov. 7, 2016, unless otherwise noted."
cfr_part: "170"
---


# 170.435 When is a public hearing required?

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.