priorities for the accomplishment of its policy objectives by balancing the objectives sought to be obtained against such practical considerations as staffing and funding" are within the exception); Dalehite v. United States, 346 U.S. 15, 34-36, 73 S.Ct. 956, 97 L.Ed. 1427 (1953) ('The 'discretion' protected by [28 U.S.C. § 2680(a) ] is ... the discretion of the executive or the administrator to act according to one's judgment of the best course. ... This includes more than the initiation of programs and activities. It also includes determinations made by executives or administrators in establishing plans, specifications, or schedules of operations. Where there is room for policy judgment and decision, there is discretion."); Mitchell v. United States, 225 F.3d 361, (3d Cir .2000) (<HOLDING>); Cope v. Scott, 45 F.3d 445, 451
holding that a bia road was a tribal road by considering the nature of the rightofway at issue and finding that although the tribe had relinquished certain gatekeeping rights by allowing public use of the road and collaborating with the bia in maintaining it the tribe had maintained other significant gatekeeping rights because the rightofway was not granted to the state and the road did not form any part of the states highway system holding a park rangers decision to terminate an arrest falls within the discretionary function exception to the ftca because such decision was the classic example of conduct grounded in policy holding that national park services choice not to repair or improve structures adjacent to a road came within discretionary function exception because the need for such repairs existed on nearly all road sections in the park and therefore given its restricted budget the service was forced to determine priorities and repair the more urgent problems first holding that park services decision not to repave a particular section of road was within discretionary function exception because this section was thirtythird on a maintenance priority list of eighty sections of park road and determining the appropriate course of action would require balancing factors such as beach drives overall purpose the allocation of funds among significant project demands the safety of drivers and other park visitors and the inconvenience of repairs as compared to the risk of safety hazards holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic