[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1122 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1122

 To provide equitable funding for tribal transportation programs, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2003

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

_______________________________________________________________________

                                 A BILL


 
 To provide equitable funding for tribal transportation programs, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tribal 
Transportation Program Improvement Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
                   TITLE I--INDIAN RESERVATION ROADS

Sec. 101. Funding for Indian reservation roads.
Sec. 102. Federal lands highways program demonstration project.
Sec. 103. Right-of-way agreements.
Sec. 104. Indian reservation road program efficiency improvements.
Sec. 105. Bureau of Indian Affairs and Federal Highway Administration 
                            program management funding.
Sec. 106. Deputy Assistant Secretary for Tribal Government Affairs; 
                            Indian Reservation Roads Coordinating 
                            Committee.
Sec. 107. Regulations.
          TITLE II--ADDITIONAL TRIBAL TRANSPORTATION PROGRAMS

Sec. 201. Tribal scenic byways.
Sec. 202. Tribal transportation safety program.
Sec. 203. Indian reservation rural transit program.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) because many Indian tribes are located in remote areas, 
        transportation is particularly important to the basic quality 
        of life and economic development of Indian tribes;
            (2) safe roads are essential for--
                    (A) Indian children to travel to and from school;
                    (B) sick and elderly individuals to receive basic 
                health care and medical treatment; and
                    (C) food and other necessities to be delivered to 
                shops and consumers;
            (3) transportation is critical to the efforts of Indian 
        tribes to--
                    (A) sustain robust economies; and
                    (B) attract new jobs and businesses;
            (4) most Indian tribes lack the basic transportation 
        systems that other people in the United States take for 
        granted;
            (5) Indian communities continue to lag behind the rest of 
        the United States in quality of life and economic vitality;
            (6) unemployment rates in Indian country frequently exceed 
        50 percent, and poverty rates often exceed 40 percent;
            (7) the limited availability of housing and jobs on Indian 
        reservations forces people to commute long distances each day 
        to travel to work or school, obtain health care, take advantage 
        of basic government services, go shopping, or even obtain 
        drinking water;
            (8) the Indian reservation roads system established under 
        title 23, United States Code, comprises more than 50,000 miles 
        of roads under the jurisdiction of the Bureau of Indian Affairs 
        and tribal, State, county, and local governments;
            (9) more than \2/3\ of those roads are not paved, and many 
        resemble roads in third-world countries;
            (10) as of the date of enactment of this Act, approximately 
        140 of the 753 bridges under the jurisdiction of the Bureau of 
        Indian Affairs are rated as being deficient;
            (11) The Indian reservation roads system serves both 
        Indians and the general public and is part of a unified 
        national road network;
            (12) even though the Indian reservation roads system is 
        perhaps the most rudimentary of any transportation network in 
        the United States, more than 2,000,000,000 vehicle miles are 
        traveled annually on the system;
            (13) the poor quality of so many Indian reservation roads 
        has a serious impact on highway safety;
            (14) according to the Federal Highway Administration, the 
        highway fatality rate on Indian reservation roads is 4 times 
        the national average highway fatality rate on all roads;
            (15) automobile accidents are the primary cause of death 
        for young Indian individuals; and
            (16) the Federal Highway Administration estimates the 
        backlog of improvement needs for Indian reservation roads at 
        approximately $6,800,000,000.
    (b) Purpose.--The purpose of this Act is to reauthorize, expand, 
and streamline the Indian reservation roads program to improve 
transportation safety and better meet the needs of Indian individuals 
and other members of the traveling public.

                   TITLE I--INDIAN RESERVATION ROADS

SEC. 101. FUNDING FOR INDIAN RESERVATION ROADS.

    (a) Authorization of Appropriations.--Section 1101(a)(8)(A) of the 
Transportation Equity Act for the 21st Century (112 Stat. 112) is 
amended--
            (1) by striking ``For'' and inserting the following:
                            ``(i) In general.--Subject to clause (ii), 
                        for''; and
            (2) by striking ``of such title'' and all that follows and 
        inserting ``of that title--
                                    ``(I) $225,000,000 for fiscal year 
                                1998;
                                    ``(II) $275,000,000 for each of 
                                fiscal years 1999 through 2003;
                                    ``(III) $550,000,000 for fiscal 
                                year 2004,;
                                    ``(IV) $625,000,000 for fiscal year 
                                2005; and
                                    ``(V) $725,000,000 for each of 
                                fiscal years 2006 through 2009.''; and
            (3) by adding at the end the following:
                            ``(ii) Maintenance.--Of the amounts made 
                        available for each fiscal year under subclauses 
                        (III) through (V) of clause (i), not less than 
                        $100,000,000 shall be used--
                                    ``(I) to maintain roads on Indian 
                                reservations in the United States; and
                                    ``(II) to maintain tribal 
                                transportation facilities serving 
                                Indian reservations and other tribal 
                                communities in the United States.''.
    (b) Obligation Ceiling.--Section 1102(c)(1) of the Transportation 
Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 116) is 
amended--
            (1) by striking ``distribute obligation'' and inserting the 
        following: ``distribute--
                    ``(A) obligation'';
            (2) by inserting ``and'' after the semicolon at the end; 
        and
            (3) by adding at the end the following:
                    ``(B) for any fiscal year after fiscal year 2003, 
                any amount of obligation authority made available for 
                Indian reservation road bridges under section 
                202(d)(4), and for Indian reservation roads under 
                section 204, of title 23, United States Code;''.
    (c) Indian Reservation Road Bridges.--Section 202(d)(4) of title 
23, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``(B) Reservation.--Of the 
                amounts'' and all that follows through ``to replace,'' 
                and inserting the following:
                    ``(B) Funding.--
                            ``(i) Reservation of funds.--
                        Notwithstanding any other provision of law, 
                        there is authorized to be appropriated from the 
                        Highway Trust Fund $15,000,000 for each of 
                        fiscal years 2004 through 2009 to carry out 
                        planning, design, engineering, construction, 
                        and inspection of projects to replace,''; and
                    (B) by adding at the end the following:
                            ``(ii) Availability.--Funds made available 
                        to carry out this subparagraph shall be 
                        available for obligation in the same manner as 
                        if the funds were apportioned under chapter 
                        1.''; and
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Approval and need requirements.--
                            ``(i) Preliminary engineering.--Funds for 
                        preliminary engineering for Indian reservation 
                        road bridge projects under this subsection may 
                        be made available by the Secretary on receipt 
                        of a request from--
                                    ``(I) an Indian tribe; or
                                    ``(II) the Secretary of the 
                                Interior.
                            ``(ii) Construction.--Funds for 
                        construction of Indian reservation road bridge 
                        projects under this subsection shall be made 
                        available by the Secretary only--
                                    ``(I) after approval by the 
                                Secretary of plans, specifications, and 
                                estimates relating to the projects; and
                                    ``(II) in amounts directly 
                                proportional to the actual need of each 
                                Indian reservation, as determined by 
                                the Secretary based on the number of 
                                deficient bridges on each reservation 
                                and the projected cost of 
                                rehabilitation of those bridges.''.
    (d) Indian Reservation Road Planning.--Section 204(j) of title 23, 
United States Code, is amended in the first sentence by striking ``2 
percent'' and inserting ``5 percent''.

SEC. 102. FEDERAL LANDS HIGHWAYS PROGRAM DEMONSTRATION PROJECT.

    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, on the request of an affected Indian 
                        tribal government, to the Indian tribal 
                        government for use in carrying out, in 
                        accordance with the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 450 et 
                        seq.), contracts and agreements for the 
                        planning, research, engineering, and 
                        construction described in that subparagraph.
                            ``(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.--For 
                                        each fiscal year, the Secretary 
                                        shall select 12 geographically 
                                        diverse Indian tribes 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 Indian tribe 
for the purpose 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 equal to 
                                        the sum of the funding that the 
                                        Indian tribe would otherwise 
                                        receive in accordance with the 
                                        funding formula established 
                                        under the other provisions of 
                                        this subsection, and an 
                                        additional percentage of that 
                                        amount equal to the percentage 
                                        of funds withheld during the 
                                        applicable fiscal year for the 
                                        road program management costs 
                                        of the Bureau of Indian Affairs 
                                        under subsection (f)(1).
                                    ``(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 demonstrated 
                                        financial stability and 
                                        financial management capability 
                                        in accordance with subclause 
                                        (III) during the 3-fiscal year 
                                        period immediately preceding 
                                        the fiscal year for which 
                                        participation under this 
                                        subparagraph is being 
                                        requested.
                                    ``(III) Criteria for determining 
                                financial stability and financial 
                                management capacity.--For the purpose 
                                of subclause (II), 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.--
                                            ``(aa) In general.--An 
                                        Indian tribe (or consortium) 
                                        requesting participation in the 
                                        demonstration project under 
                                        this subparagraph shall 
                                        complete a planning phase that 
                                        shall include legal and 
                                        budgetary research and internal 
                                        tribal government and 
                                        organization preparation.
                                            ``(bb) Eligibility.--A 
                                        tribe (or consortium) described 
                                        in item (aa) shall be eligible 
                                        to receive a grant under this 
                                        subclause to plan and negotiate 
                                        participation in a project 
                                        described in that item.''.

SEC. 103. RIGHT-OF-WAY AGREEMENTS.

    Section 202(d) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(5) Right-of-way agreements.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an Indian tribe or tribal 
                organization shall not be subject to part 169 of title 
                25, Code of Federal Regulations (or a successor 
                regulation), in carrying out an Indian reservation road 
                under this title in accordance with a contract or 
                agreement entered into under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b et seq.).
                    ``(B) Criteria.--The Secretary shall establish 
                criteria for right-of-way agreements developed by an 
                Indian tribe or tribal organization under this 
                subsection in accordance with regulations promulgated 
                under section 153.''.

SEC. 104. INDIAN RESERVATION ROAD PROGRAM EFFICIENCY IMPROVEMENTS.

    (a) Tribal Flexibility and Innovative Financing.--Section 115 of 
title 23, United States Code, is amended by adding at the end the 
following:
    ``(d) Tribal Receipt of Advance Construction Funds.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an Indian tribe or tribal organization that is eligible to 
        participate in an Indian reservation road program under section 
        202(d) shall be eligible to receive advance construction funds 
        for the programs identified in subsection (a) for use for 
        projects on the Indian reservation road program system.
            ``(2) Status.--An eligible Indian tribe or tribal 
        organization described in paragraph (1) shall be considered to 
        be a State for the purpose of this section.''.
    (b) Emergency Funds.--Section 125(e) of title 23, United States 
Code, is amended--
            (1) by striking ``(e) The Secretary'' and inserting the 
        following:
    ``(e) Emergency Funds.--
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Applications for emergency funds.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law--
                            ``(i) an Indian tribal government may 
                        submit directly to the Secretary an application 
                        for emergency funds for the repair 
or reconstruction of Indian reservation roads and other tribal 
transportation facilities; and
                            ``(ii) the Secretary shall process the 
                        application in the same manner in which similar 
                        applications from Federal agencies are 
                        processed.
                    ``(B) Criteria.--The Secretary shall develop 
                criteria for emergency funds applications under this 
                subsection in accordance with regulations promulgated 
                in accordance with section 135.''.
    (c) Payments On Federal-Aid Projects Undertaken by a Federal Agency 
or Indian Tribe.--Section 132 of title 23, United States Code, is 
amended--
            (1) in the first sentence, by striking ``Where'' and 
        inserting the following:
            ``(1) In general.--If'';
            (2) in the second sentence, by striking ``Upon'' and 
        inserting the following:
            ``(2) Adjustment.--On'';
            (3) in the last sentence, by striking ``Any'' and inserting 
        the following:
            ``(3) Crediting of funds.--Any''; and
            (4) by adding at the end the following:
    ``(d) Direct Performance of Design on Construction Activities.--
            ``(1) In general.--If the Federal-aid project affects a 
        tribal transportation facility, the State shall consult with 
        the affected Indian tribe to determine whether the Indian tribe 
        is interested in directly performing design or construction 
        activities on all or a portion of the Federal-aid project.
            ``(2) Deposit with or payment to federal agency.--If an 
        agreement is reached between the State and the affected Indian 
        tribe, the State shall make a deposit with or payment to the 
        appropriate Federal agency to permit the Indian tribe to carry 
        out design or construction activities on the Federal-aid 
        project in accordance with a funding agreement authorized under 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.).
            ``(3) Federal share.--If the State elects to directly 
        perform design or construction activities under paragraph (1), 
        the Federal share payable for the Federal-aid project shall be 
        100 percent.''.
    (d) Surface Transportation Program.--Section 133(c) of title 23, 
United States Code, is amended by inserting ``are a tribal 
transportation facility or'' after ``unless such roads.''
    (e) Scope of Authority.--Section 202(d)(3)(B) of title 23, United 
States Code, is amended--
            (1) by striking ``(B) Exclusion of agency participation.--
        Funds for'' and inserting the following:
                    ``(B) Exclusion of agency participation.--
                            ``(i) In general.--Funds for''; and
            (2) by adding at the end the following:
                            ``(ii) Assumption of responsibility.--In 
                        accordance with this subparagraph, and 
                        notwithstanding any other provision of law, an 
                        Indian tribe or tribal organization may assume 
                        responsibility for any program, function, 
                        service, or activity under this subsection 
                        (other than any program, function, service, or 
                        activity that, as determined by the Secretary, 
                        is inherently Federal and cannot be legally 
                        transferred) in accordance with a contract or 
                        agreement under title I or title IV of the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 450b et seq.).
                            ``(iii) Dispute over transferability.--In 
                        the event of a disagreement between the 
                        Secretary and an Indian tribe or tribal 
                        organization over whether a particular program, 
                        function, service or activity may be lawfully 
                        transferred in accordance with clause (ii), the 
                        Indian tribe or tribal organization may pursue 
                        all alternative dispute resolution and appeal 
                        procedures authorized by the Indian Self-
                        Determination and Education Assistance Act (25 
                        U.S.C. 450b et seq.).''.
    (f) Advance Funding and Use of Savings.--Section 202(d) of title 
23, United States Code, (as amended by section 103) is amended by 
adding at the end the following:
            ``(6) Advance funding.--Notwithstanding any other provision 
        of law (including an interagency agreement), all funds made 
        available to an Indian tribal government or tribal organization 
        under paragraph (3) shall be provided as advance payments, in 
        the form of annual or semiannual installments at the discretion 
        of the Indian tribe or tribal organization.
            ``(7) Use of savings and program income.--Notwithstanding 
        any other provision of law (including an interagency 
        agreement), all funds made available to an Indian tribal 
        government or tribal organization in accordance with paragraph 
        (3) for a fiscal year that are unexpended at the end of the 
        fiscal year, including any program income earned by the Indian 
        tribe or tribal organization as a result of carrying out the 
        contract or agreement--
                    ``(A) shall be used by the Indian tribe or tribal 
                organization to provide additional services or benefits 
                under the contract or agreement; and
                    ``(B) shall not be a basis for reducing the amount 
                of funds provided to the Indian tribe or tribal 
                organization in future years.''.
    (g) Approval of Plans, Specifications, and Estimates.--Section 202 
of title 23, United States Code, is amended by adding at the end the 
following:
    ``(f) Approval of Plans, Specifications, and Estimates.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an Indian tribe or tribal organization may approve plans, 
        specifications, and estimates, and commence road and bridge 
        construction under this section, that are funded through a 
        contract or agreement under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b et seq.), if the 
        Indian tribe or tribal organization--
                    ``(A) provides assurances in the contract or 
                agreement that the construction will meet or exceed 
                applicable health and safety standards;
                    ``(B) obtains the advance review of the plans and 
                specifications from a licensed professional who has 
                certified that the plans and specifications meet or 
                exceed applicable health and safety standards; and
                    ``(C) provides a copy of the certification under 
                subparagraph (B) to the Assistant Secretary for Indian 
                Affairs.
            ``(2) Contract to serve as stewardship agreement.--
        Notwithstanding any other provision of law, an Indian tribe or 
        tribal organization may carry out any program, function, 
        service, or activity of an Indian reservation road program 
        under this section, including any program, function, service, 
        or activity that, before the date of enactment of this 
        subsection, was the subject of a stewardship agreement executed 
        in accordance with the terms of a contract or agreement entered 
        into under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b et seq.).''.
    (h) Transportation Improvement Program.--Section 204(a) of title 
23, United States Code, is amended by striking paragraph (3) and 
inserting the following:
            ``(3) Approval of transportation improvement program.--
                    ``(A) In general.--To be effective, the 
                transportation improvement program developed as a part 
                of the transportation planning process under this 
                section shall be approved by the Secretary.
                    ``(B) Frequency of updates.--The Secretary of the 
                Interior shall provide to the Secretary an updated 
                tribal transportation improvement program--
                            ``(i) on a quarterly basis; or
                            ``(ii) more frequently, as necessary.
                    ``(C) Modifications.--If an Indian tribe requests a 
                modification of the tribal transportation improvement 
                program of the Indian tribe, the Secretary of the 
                Interior shall complete any pending update under 
                subparagraph (B) not later than 45 days after the date 
                of receipt of the request, except in unusual 
                circumstances, as determined by the Secretary of the 
                Interior.''.
    (i) Eligibility; Contract Support Funding.--Section 204 of title 
23, United States Code, is amended by striking subsection (c) and 
inserting the following:
    ``(c) Approval of Projects.--
            ``(1) In general.--Before approving as a project on an 
        Indian reservation road in a State any project eligible to 
        receive funds apportioned under section 104 or 144, the 
        Secretary shall determine that the obligation of funds for the 
        project is--
                    ``(A) supplementary to, and not in lieu of, the 
                obligation for projects on Indian reservation roads; 
                and
                    ``(B) a fair and equitable share of funds 
                apportioned to the State under section 104.
            ``(2) Set-aside for shortages.--
                    ``(A) In general.--Of the amounts made available 
                for each fiscal year from the Highway Trust Fund for 
                Indian reservation road programs under this section, 
                not more than $10,000,000 may be used to mitigate the 
                shortage in amounts available for obligation by 
                contracting or compacting Secretaries under the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b et seq.) to provide contract support cost 
                funding to Indian tribes and tribal organizations with 
                respect to the administration by the Indian tribes and 
                tribal organizations of services, functions, and 
                activities, of Indian reservation road programs under 
                self-determination contracts and self-government 
                agreements.
                    ``(B) Report.--For each fiscal year, the Secretary 
                of the Interior shall submit to Congress a report that 
                describes the total amount of funds made available 
                under subparagraph (A) for the fiscal year that were 
                used to mitigate the shortages described in 
                subparagraph (A).
            ``(3) Road sealing projects.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this title, the Bureau of Indian Affairs, 
                in carrying out a tribal transportation program under 
                the jurisdiction of the Bureau of Indian Affairs, may 
                expend not more than 15 percent of the funds 
                apportioned for the tribal transportation program from 
                the Highway Trust Fund for each fiscal year to carry 
                out road sealing projects.
                    ``(B) Responsibility.--The Bureau of Indian Affairs 
                be responsible for road maintenance programs on Indian 
                reservations, including the responsibility to make 
                annual funding requests.''.

SEC. 105. BUREAU OF INDIAN AFFAIRS AND FEDERAL HIGHWAY ADMINISTRATION 
              PROGRAM MANAGEMENT FUNDING.

    Section 202 of title 23, United States Code (as amended by section 
104(g)), is amended by adding at the end the following:
    ``(g) Tribal Transportation.--
            ``(1) Bureau of indian affairs.--Notwithstanding any other 
        provision of law, the Secretary shall not deduct from any 
        apportionment of funds made available for tribal transportation 
        purposes to an Indian tribe or tribal organization under the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b et seq.), any administrative expenses incurred by 
        the Bureau of Indian Affairs relating to individual projects 
        carried out by the Indian tribe or tribal organization in 
        accordance with a contract or agreement under that Act.
            ``(2) Program management and administrative expense 
        reports.--Not later than November 30, 2004, and annually 
        thereafter, the Assistant Secretary for Indian Affairs and the 
        Director of the Federal Highway Administration shall submit to 
Congress a report that describes, for the fiscal year preceding the 
fiscal year in which the report is submitted, line item and narrative 
summaries of the use, by each of the Bureau of Indian Affairs and the 
Federal Highway Administration, of funds associated with the program 
management and administrative expenses of Indian reservation road 
programs.''.

SEC. 106. DEPUTY ASSISTANT SECRETARY FOR TRIBAL GOVERNMENT AFFAIRS; 
              INDIAN RESERVATION ROADS COORDINATING COMMITTEE.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 325. Deputy Assistant Secretary for Tribal Government Affairs
    ``(a) Establishment of Position.--
            ``(1) In general.--There is established in the Office of 
        the Secretary of Transportation the position of Deputy 
        Assistant Secretary for Tribal Governmental Affairs (referred 
        to in this section as the `Deputy').
            ``(2) Appointment.--The Deputy shall be appointed by the 
        Secretary.
    ``(b) Responsibilities.--The Deputy shall--
            ``(1) plan, coordinate, and implement policy and programs 
        of the Department of Transportation that serve Indian tribes 
        and tribal organizations;
            ``(2) coordinate Indian reservation road programs and 
        activities in all branches and administrations of the 
        Department of Transportation;
            ``(3) participate in any negotiated rulemaking relating to, 
        or having an impact on, projects, programs, or funding 
        associated with the Indian reservation roads program; and
            ``(4) serve as a member of the Joint Indian Reservation 
        Roads Coordinating Committee established under section 326(a).
``Sec. 326. Indian Reservation Roads Coordinating Committee
    ``(a) In General.--Using funds made available to the Secretary and 
the Secretary of the Interior under this title, not later than 180 days 
after the date of enactment of this section, the Secretary and the 
Secretary of the Interior shall establish a Joint Indian Reservation 
Roads Coordinating Committee (referred to in this section as the 
`Committee').
    ``(b) Purpose.--The Committee shall assist the Secretary in 
carrying out the goals and purposes of this title with respect to 
Indian reservation roads.
    ``(c) Composition.--The Committee shall be composed of--
            ``(1) the Deputy Assistant Secretary for Tribal 
        Governmental Affairs appointed under section 325(a)(2); and
            ``(2) such other members as the Secretary may appoint after 
        consultation with interested Indian tribes through the 
        negotiated rulemaking committee established under section 
        202(d)(2)(B).''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 21 
is amended by inserting after the item relating to section 324 the 
following:

``325. Deputy Assistant Secretary for Tribal Government Affairs.
``326. Indian Reservation Roads Coordinating Committee.''.

SEC. 107. REGULATIONS.

    Section 202(d)(2) of title 23, United States Code, is amended--
            (1) by striking subparagraphs (B) and (C);
            (2) by redesignating subparagraph (D) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Regulations.--The Secretary and the Secretary 
                of the Interior shall promulgate joint regulations 
                governing the Indian reservation road programs carried 
                out under this subsection by establishing a negotiated 
                rulemaking committee in accordance with sections 563(a) 
                and 565(a) of title 5.
                    ``(C) Negotiated rulemaking committee.--In 
                establishing a negotiated rulemaking committee under 
                subparagraph (B), the Secretary of the Interior and 
                Secretary of Transportation shall--
                            ``(i) apply the procedures established 
                        under subchapter III of chapter 5 of title 5 in 
                        a manner that reflects the unique government-
                        to-government relationship between the Indian 
                        tribes and the United States; and
                            ``(ii) ensure that membership of the 
                        committee includes only representatives of--
                                    ``(I) the Federal Government; and
                                    ``(II) geographically diverse 
                                small, medium, and large Indian tribes.
                    ``(D) Expiration of rulemaking authority.--The 
                authority of the Secretary and the Secretary of the 
                Interior to promulgate regulations under subparagraph 
                (B) terminates on the date that is 20 months after the 
                date of enactment of the Tribal Transportation Program 
                Improvement Act of 2003.
                    ``(E) Advisory entities.--Notwithstanding any other 
                provision of law, the Secretary and the Secretary of 
                the Interior may jointly establish and fund such 
                interagency committees or other interagency entities 
                (including advisory entities comprised of tribal 
                representatives) as are appropriate to carry out this 
                paragraph.
                    ``(F) Funding procedures and eligibility 
                criteria.--Not later than 180 days after funds are made 
                available for fiscal year 2004 to carry out Indian 
                reservation road programs under this subsection, the 
                Secretary and the Secretary of the Interior shall 
                jointly, in consultation with Indian tribal 
                governments--
                            ``(i) develop funding procedures and 
                        eligibility criteria applicable to Indian 
                        tribes and tribal organizations with respect to 
                        allocations and grants authorized under this 
                        title; and
                            ``(ii) publish in the Federal Register a 
                        description of the procedures and criteria.
                    ``(G) Coordination of indian intermodal 
                transportation programs.--In promulgating regulations 
                to carry out section 204 and other applicable 
                provisions of law, the Secretary may coordinate and 
                centralize the administration of Indian intermodal 
                transportation programs to ensure that the purposes of 
                the programs are achieved.''.

          TITLE II--ADDITIONAL TRIBAL TRANSPORTATION PROGRAMS

SEC. 201. TRIBAL SCENIC BYWAYS.

    (a) In General.--Section 162(a) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(4) Tribal Scenic Byways Component.--
                    ``(A) Definition of native village.--In this 
                paragraph, the term `Native village' has the meaning 
                given the term in section 3 of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1602).
                    ``(B) Establishment.--In recognition of roads and 
                highways that provide access to, or possess significant 
                cultural, historical, recreational, or scenic value 
                within, Indian communities and Native villages, the 
                Secretary shall carry out a tribal scenic byways 
                component within the national scenic byways program.
                    ``(C) Designation of tribal scenic byways.--The 
                Secretary shall designate as tribal scenic byways roads 
                or bridges that--
                            ``(i) have been nominated for designation 
                        as a National Scenic Byway or All-American Road 
                        by the Secretary of the Interior, in 
                        consultation with affected tribal governments; 
                        and
                            ``(ii) as determined by the Secretary--
                                    ``(I) qualify as tribal 
                                transportation facilities, as 
                                determined by the Secretary; and
                                    ``(II) possess outstanding 
                                cultural, historical, recreational, or 
                                scenic qualities within Indian 
                                communities and Native villages.
                    ``(D) Inclusion as national scenic byways or all-
                american roads.--After designation of a road or bridge 
                as a tribal scenic byway under subparagraph (C), the 
                Secretary may accept a road or bridge for inclusion in 
                the registry of National Scenic Byways or All-American 
                Roads.
                    ``(E) Funding agreements.--Notwithstanding any 
                other provision of law, an Indian tribe or tribal 
                organization that receives a grant or technical 
                assistance under subsection (b) for a tribal scenic 
                byway may administer that grant or assistance in 
                accordance with a funding agreement between the Indian 
                tribe or tribal organization and the Secretary of the 
                Interior under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.) that 
                is in effect as of the date of provision of the grant 
                or assistance.''.
    (b) Conforming Amendments.--
            (1) Section 162(b) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (1), by striking ``States to--'' 
                and inserting ``States and Indian tribes to--''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) each eligible project that qualifies as a 
                tribal transportation facility, as determined by the 
                Secretary.''.
            (2) Section 162(c) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (3), by inserting ``tribal scenic 
                byway,'' after ``State scenic byway,''; and
                    (B) by adding at the end the following:
            ``(9) An activity relating to the planning, design, 
        construction or development of a tribal scenic byway program or 
        project.''.

SEC. 202. TRIBAL TRANSPORTATION SAFETY PROGRAM.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 412. Tribal transportation safety program
    ``(a) Definition of Indian Tribe.--In this section, the term 
`Indian tribe' has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b).
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        to provide to eligible Indian tribes (as determined by the 
        Secretary) competitive grants for use in establishing tribal 
        transportation safety programs on--
                    ``(A) Indian reservations; and
                    ``(B) other land under the jurisdiction of an 
                Indian tribe.
            ``(2) Use of funds.--Funds from a grant provided under 
        paragraph (1) may be used to carry out a project or activity--
                    ``(A) to prevent the operation of motor vehicles by 
                intoxicated individuals;
                    ``(B) to promote increased seat belt use rates;
                    ``(C) to eliminate hazardous locations on, or 
                hazardous sections or elements of--
                            ``(i) a public road;
                            ``(ii) a public surface transportation 
                        facility;
                            ``(iii) a publicly-owned bicycle or 
                        pedestrian pathway or trail; or
                            ``(iv) a traffic calming measure;
                    ``(D) to eliminate hazards relating to railway-
                highway crossings; or
                    ``(E) to increase transportation safety by any 
                other means, such as--
                            ``(i) building wider shoulders;
                            ``(ii) providing additional signage; or
                            ``(iii) carrying out any other appropriate 
                        activity, as determined by the Secretary.
    ``(c) Federal Share.--The Federal share of the cost of carrying out 
the program under this section shall be 100 percent.
    ``(d) Funding.--Notwithstanding any other provision of law, there 
are authorized to be appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this section $50,000,000 
for each of fiscal years 2004 through 2009.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 411 the following:

``412. Tribal transportation safety program.''.

SEC. 203. INDIAN RESERVATION RURAL TRANSIT PROGRAM.

    Section 5311 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k) Indian Reservation Rural Transit Program.--
            ``(1) Definition of indian tribe.--In this subsection, the 
        term `Indian tribe' has the meaning given the term in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450b).
            ``(2) Program.--
                    ``(A) In general.--The Secretary of Transportation 
                shall establish and carry out a program to provide 
                competitive grants to Indian tribes to establish rural 
                transit programs on reservations or other land under 
                the jurisdiction of the Indian tribes.
                    ``(B) Amount of grants.--The amount of a grant 
                provided to an Indian tribe under subparagraph (A) 
                shall be based on the need of the Indian tribe, as 
                determined by the Secretary of Transportation.
            ``(3) Funding.--Notwithstanding any other provision of law, 
        for each fiscal year, of the amount made available to carry out 
        this section under section 5338 for the fiscal year, the 
        Secretary of Transportation shall use $20,000,000 to carry out 
        this subsection.''.
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