25 CFR § 170.435
When is a public hearing required?
February 24, 2021
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.