[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 281

  To amend the Transportation Equity Act for the 21st Century to make 
   certain amendments with respect to Indian tribes, to provide for 
     training and technical assistance to Native Americans who are 
    interested in commercial vehicle driving careers, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2003

 Mr. Campbell 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, to provide for 
     training and technical assistance to Native Americans who are 
    interested in commercial vehicle driving careers, 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 ``Indian Tribal 
Surface Transportation 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.
             TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

Sec. 101. Short title.
Sec. 102. Amendments relating to Indian tribes.
    TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Commercial vehicle driving training program.

             TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Indian Tribal Surface 
Transportation Act of 2003''.

SEC. 102. 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; 112 
Stat. 116) 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 2003 and 2004, amounts authorized 
        for Indian reservation roads under section 204 of title 23, 
        United States Code''.
    (b) 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 
                                        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.''.
    (c) Administration.--Section 202 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(f) Administration of Indian Reservation Roads.--
            ``(1) Contract authority.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, for any fiscal year, not more than 6 
                percent of the contract authority amounts made 
                available from the Highway Trust Fund to the Bureau of 
                Indian Affairs under this title shall be used to pay 
                the administrative expenses of the Bureau for the 
                Indian reservation roads program (including the 
                administrative expenses relating to individual projects 
                that are associated with the program).
                    ``(B) Availability.--Amounts made available to pay 
                administrative expenses under subparagraph (A) shall be 
                made available to an Indian tribal government, on the 
                request of the government, to be used for the 
                associated administrative functions assumed by the 
                Indian tribe under contracts and agreements entered 
                into under the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.).
            ``(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 (Public Law 105-
        178) that is funded through a contract or agreement under the 
        Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) 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 Director of the Bureau of 
                Indian Affairs.
    ``(g) 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 
        the purpose 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 the purpose of being eligible for safety 
        incentive grants under section 163 to assist Indian communities 
        in the prevention of the operation of motor vehicles by 
        intoxicated persons.
            ``(3) Funding procedures and eligibility criteria.--
                    ``(A) In general.--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).
                    ``(B) Publication.--The Secretary shall ensure that 
                procedures or criteria developed under subparagraph (A) 
                are published annually in the Federal Register.''.

    TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Native American Commercial Driving 
Training and Technical Assistance Act''.

SEC. 202. PURPOSES.

    The purposes of this title are--
            (1) to foster and promote job creation and economic 
        opportunities for Native Americans; and
            (2) to provide education, technical, and training 
        assistance to Native Americans who are interested in commercial 
        vehicle driving careers.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Commercial vehicle driving.--The term ``commercial 
        vehicle driving'' means the driving of--
                    (A) a vehicle that is a tractor-trailer truck; or
                    (B) any other vehicle (such as a bus or a vehicle 
                used for the purpose of construction) the driving of 
                which requires a commercial license.
            (2) Indian tribe.--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).
            (3) Native american.--The term ``Native American'' means an 
        individual who is a member of--
                    (A) an Indian tribe; or
                    (B) any people or culture that is indigenous to the 
                United States, as determined by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.

    (a) Grants.--The Secretary may provide grants, on a competitive 
basis, to entities described in subsection (b) to support programs 
providing training and certificates leading to the licensing of Native 
Americans with respect to commercial vehicle driving.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) be a tribal college or university (as defined in 
        section 316(b)(3) of the Higher Education Act (20 U.S.C. 
        1059(b)(3)); and
            (2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    (c) Priority.--In providing grants under subsection (a), the 
Secretary shall give priority to grant applications that--
            (1) propose training that exceeds proposed minimum 
        standards for training tractor-trailer drivers of the 
        Department of Transportation;
            (2) propose training that exceeds the entry level truck 
        driver certification standards set by the Professional Truck 
        Driver Institute; and
            (3) propose an education partnership with a private 
        trucking firm, trucking association, or similar entity in order 
        to ensure the effectiveness of the grant program under this 
        section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this title.
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