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S 344 IS

To amend the Transportation Equity Act for the 21st Century to make certain amendments with respect to Indian tribes.

February 15, 2001

Mr. CAMPBELL (for himself, Mr. JOHNSON, Mr. BAUCUS, Mr. MCCAIN, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To amend the Transportation Equity Act for the 21st Century to make certain amendments with respect to Indian tribes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Indian Tribal Surface Transportation Act of 2001'.

SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.

(a) OBLIGATION LIMITATION- Section 1102(c)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note) is amended--

(1) by striking `Code, and' and inserting `Code,'; and

(2) by inserting before the semicolon the following: `, and for each of fiscal years 2002 and 2003, amounts authorized for Indian reservation roads under section 204 of title 23, United States Code'.

(b) PILOT PROGRAM- Section 202(d)(3) of title 23, United States Code, is amended by adding at the end the following:

`(C) FEDERAL LANDS HIGHWAY PROGRAM DEMONSTRATION PROJECT-

`(i) IN GENERAL- The Secretary shall establish a demonstration project under which all funds made available under this title for Indian reservation roads and for highway bridges located on Indian reservation roads as provided for in subparagraph (A), shall be made available, upon request of the Indian tribal government involved, to the Indian tribal government for contracts and agreements for the planning, research, engineering, and construction described in such subparagraph in accordance with the Indian Self-Determination and Education Assistance Act.

`(ii) EXCLUSION OF AGENCY PARTICIPATION- In accordance with subparagraph (B), all funds for Indian reservation roads and for highway bridges located on Indian reservation roads to which clause (i) applies, shall be paid without regard to the organizational level at which the Federal lands highway program has previously carried out the programs, functions, services, or activities involved.

`(iii) SELECTION OF PARTICIPATING TRIBES-

`(I) PARTICIPANTS-

`(aa) IN GENERAL- The Secretary shall select 12 geographically diverse Indian tribes in each fiscal year from the applicant pool described in subclause (II) to participate in the demonstration project carried out under clause (i).

`(bb) CONSORTIA- Two or more Indian tribes that are otherwise eligible to participate in a program or activity to which this title applies may form a consortium to be considered as a single tribe for purposes of becoming part of the applicant pool under subclause (II).

`(cc) FUNDING - An Indian tribe participating in the pilot program under this subparagraph shall receive funding in an amount equivalent to the funding that such tribe would otherwise receive pursuant to the funding formula established under section 1115(b) of the Transportation Equity Act for the 21st Century, plus an additional percentage of such amount, such additional percentage to be equivalent to the percentage of funds withheld during the fiscal year involved for the road program management costs of the Bureau of Indian Affairs under section 202(f)(1) of title 23, United States Code.

`(II) APPLICANT POOL- The applicant pool described in this subclause shall consist of each Indian tribe (or consortium) that--

`(aa) has successfully completed the planning phase described in subclause (III);

`(bb) has requested participation in the demonstration project under this subparagraph through the adoption of a resolution or other official action by the tribal governing body; and

`(cc) has, during the 3-fiscal year period immediately preceding the fiscal year for which participation under this subparagraph is being requested, demonstrated financial stability and financial management capability through a showing of no material audit exceptions by the Indian tribe during such period.

`(III) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND FINANCIAL MANAGEMENT CAPACITY- For purposes of this subparagraph, evidence that, during the 3-year period referred to in subclause (II)(cc), an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe's self-determination contracts or self-governance funding agreements with any Federal agency shall

be conclusive evidence of the required stability and capability.

`(IV) PLANNING PHASE- An Indian tribe (or consortium) requesting participation in the project under this subparagraph shall complete a planning phase that shall include legal and budgetary research and internal tribal government and organization preparation. The tribe (or consortium) shall be eligible to receive a grant under this subclause to plan and negotiate participation in such project.'.

(c) ADMINISTRATION- Section 202 of title 23, United States Code, is amended by adding at the end thereof the following:

`(f) INDIAN RESERVATION ROADS, ADMINISTRATION-

`(1) IN GENERAL- Notwithstanding any other provision of law, not to exceed 6 percent of the contract authority amounts made available from the Highway Trust Fund to the Bureau of Indian Affairs shall be used to pay the administrative expenses of the Bureau for the Indian reservation roads program and the administrative expenses related to individual projects that are associated with such program. Such administrative funds shall be made available to an Indian tribal government, upon the request of the government, to be used for the associated administrative functions assumed by the Indian tribe under contracts and agreements entered into pursuant to the Indian Self-Determination and Education Assistance Act.

`(2) HEALTH AND SAFETY ASSURANCES- Notwithstanding any other provision of law, an Indian tribe or tribal organization may commence road and bridge construction under the Transportation Equity Act for the 21st Century (25 U.S.C. 104) that is funded through a contract or agreement under the Indian Self-Determination and Education Assistance Act so long as the Indian tribe or tribal organization has--

`(A) provided assurances in the contract or agreement that the construction will meet or exceed proper health and safety standards;

`(B) obtained the advance review of the plans and specifications from a licensed professional who has certified that the plans and specifications meet or exceed the proper health and safety standards; and

`(C) provided a copy of the certification under subparagraph (B) to the Bureau of Indian Affairs.

`(g) INDIAN RESERVATION ROADS PROGRAM, SAFETY INCENTIVE GRANTS-

`(1) SEAT BELT SAFETY INCENTIVE GRANT ELIGIBILITY- Notwithstanding any other provision of law, an Indian tribe that is eligible to participate in the Indian reservation roads program under subsection (d) shall be deemed to be a State for purposes of being eligible for safety incentive allocations under section 157 to assist Indian communities in developing innovative programs to promote increased seat belt use rates.

`(2) INTOXICATED DRIVER SAFETY INCENTIVE GRANT ELIGIBILITY- Notwithstanding any other provision of law, an Indian tribe that is eligible to participate in the Indian reservation roads program under subsection (d) shall be deemed to be a State for purposes of being eligible for safety incentive grant funding under section 163 to assist Indian communities in the prevention of the operation of motor vehicles by intoxicated persons.

`(3) GRANT FUNDING PROCEDURES AND ELIGIBILITY CRITERIA- The Secretary, in consultation with Indian tribal governments, may develop funding procedures and eligibility criteria applicable to Indian tribes with respect to allocations or grants described in paragraphs (1) and (2). The Secretary shall ensure that any such procedures or criteria are published annually in the Federal Register.'.

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