[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2283 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2283

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2000

Mr. Campbell (for himself, Mr. Johnson, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  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 2000''.

SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.

    (a) Obligation Limitation.--Section 1102(b) of the Transportation 
Equity Act for the 21st Century (23 U.S.C. 104 note) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end thereof the following:
            ``(9) under section 1101(a)(8)(A).''.
    (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 may select not to 
                                        exceed 12 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).
                                    ``(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) 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 Road, 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 construction that is funded through a contract or 
        agreement under the Indian Self-Determination and Education 
        Assistance Act only if 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.''.
                                 <all>