FHWA Scraps Old Indian Reservation Roads Regulations
Published Date: 11/17/2025
Rule
Summary
The Federal Highway Administration is wiping away old rules about managing roads on Indian lands, saying they’re no longer needed. This change affects the Bureau of Indian Affairs and the Indian Reservation Roads Program and kicks in on December 17, 2025. It’s a move to simplify things without changing funding or causing delays.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Removal of Indian Reservation Roads Rule
FHWA is rescinding 23 CFR part 973, which governed safety, bridge, pavement, and congestion management systems for the Bureau of Indian Affairs and the Indian Reservation Roads Program. The rescission becomes effective December 17, 2025, and FHWA says the removal is intended to simplify rules without changing funding or causing project delays.
No Significant Small-Entity Impact Certified
FHWA certified under the Regulatory Flexibility Act that this rule will not have a significant economic impact on a substantial number of small entities. FHWA therefore did not prepare a regulatory flexibility analysis for small businesses, small organizations, or small government jurisdictions.
Possible Cost Savings for BIA
FHWA states the rescission could result in some unquantified cost savings, including for the Bureau of Indian Affairs, from removing obsolete regulatory provisions that had required development and implementation of certain management systems. FHWA did not provide dollar estimates but notes anticipated savings are unquantified.
Agencies May Implement Systems Without New Rules
FHWA says Congress replaced a statutory requirement to ‘develop by rule’ with language to ‘implement’ management systems under the Tribal Transportation Program (TTP) and related authorities, so safety, bridge, pavement, and congestion management systems may be implemented without new regulations. FHWA states such systems can be implemented to the extent FHWA and Federal land management agencies agree they are appropriate.
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Key Dates
Department and Agencies
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