[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 344 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 344
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
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
_______________________________________________________________________
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 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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