[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1211 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1211

  To provide for improvements to Tribal transportation facilities and 
         Tribal transportation safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

 Mr. Hoeven (for himself, Mr. Cramer, and Ms. McSally) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for improvements to Tribal transportation facilities and 
         Tribal transportation safety, 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.

    This Act may be cited as the ``Addressing Underdeveloped and 
Tribally Operated Streets Act''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL 
              TRANSPORTATION FACILITIES.

    (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal 
        transportation safety project'' means a project described in 
        paragraph (2) that is eligible for funding under section 202 of 
        title 23, United States Code, and that--
                    (A) corrects or improves a hazardous road location 
                or feature; or
                    (B) addresses a highway safety problem.
            (2) Projects described.--A project described in this 
        paragraph is a project for 1 or more of the following:
                    (A) An intersection safety improvement.
                    (B) Pavement and shoulder widening (including the 
                addition of a passing lane to remedy an unsafe 
                condition).
                    (C) Installation of rumble strips or another 
                warning device, if the rumble strips or other warning 
                devices do not adversely affect the safety or mobility 
                of bicyclists and pedestrians, including persons with 
                disabilities.
                    (D) Installation of a skid-resistant surface at an 
                intersection or other location with a high frequency of 
                crashes.
                    (E) An improvement for pedestrian or bicyclist 
                safety or the safety of persons with disabilities.
                    (F) Construction and improvement of a railway-
                highway grade crossing safety feature, including the 
                installation of protective devices.
                    (G) The conduct of a model traffic enforcement 
                activity at a railway-highway crossing.
                    (H) Construction of a traffic calming feature.
                    (I) Elimination of a roadside hazard.
                    (J) Installation, replacement, and other 
                improvements of highway signage and pavement markings 
                or a project to maintain minimum levels of 
                retroreflectivity that addresses a highway safety 
                problem consistent with a State strategic highway 
                safety plan.
                    (K) Installation of a priority control system for 
                emergency vehicles at signalized intersections.
                    (L) Installation of a traffic control or other 
                warning device at a location with high crash potential.
                    (M) Transportation safety planning.
                    (N) Collection, analysis, and improvement of safety 
                data.
                    (O) Planning integrated interoperable emergency 
                communications equipment, operational activities, or 
                traffic enforcement activities (including police 
                assistance) relating to work zone safety.
                    (P) Installation of guardrails, barriers (including 
                barriers between construction work zones and traffic 
                lanes for the safety of road users and workers), and 
                crash attenuators.
                    (Q) The addition or retrofitting of structures or 
                other measures to eliminate or reduce crashes involving 
                vehicles and wildlife.
                    (R) Installation of yellow-green signs and signals 
                at pedestrian and bicycle crossings and in school 
                zones.
                    (S) Construction and operational improvements on a 
                high risk rural road (as defined in section 148(a) of 
                title 23, United States Code).
                    (T) Geometric improvements to a road for the 
                purposes of safety improvement.
                    (U) A road safety audit.
                    (V) Roadway safety infrastructure improvements 
                consistent with the recommendations included in the 
                publication of the Federal Highway Administration 
                entitled ``Handbook for Designing Roadways for the 
                Aging Population'' (FHWA-SA-14-015), dated June 2014 
                (or a revised or updated publication).
                    (W) Truck parking facilities eligible for funding 
                under section 1401 of MAP-21 (23 U.S.C. 137 note; 
                Public Law 112-141).
                    (X) Systemic safety improvements.
                    (Y) Installation of vehicle-to-infrastructure 
                communication equipment.
                    (Z) Pedestrian hybrid beacons.
                    (AA) Roadway improvements that provide separation 
                between pedestrians and motor vehicles, including 
                medians and pedestrian crossing islands.
                    (BB) A physical infrastructure safety project not 
                described in subparagraphs (A) through (AA).
    (b) New Categorical Exclusions.--
            (1) Review of existing tribal categorical exclusions.--The 
        Secretary shall review the categorical exclusions under section 
        771.117 of title 23, Code of Federal Regulations (or successor 
        regulations), to determine which, if any, are applicable for 
        use by the Secretary in review of projects eligible for 
        assistance under section 202 of title 23, United States Code.
            (2) Review of tribal transportation safety projects.--The 
        Secretary shall identify types of tribal transportation safety 
        projects that meet the requirements for categorical exclusions 
        under sections 1507.3 and 1508.4 of title 40, Code of Federal 
        Regulations.
            (3) Proposal.--The Secretary shall issue a proposed rule, 
        in accordance with sections 1507.3 and 1508.4 of title 40, Code 
        of Federal Regulations, to propose any categorical exclusions 
        identified under paragraphs (1) and (2).
            (4) Deadline.--Not later than 180 days after the date of 
        enactment of this Act, and after considering any comments on 
        the proposed rule issued under paragraph (3), the Secretary 
        shall promulgate a final rule for the categorical exclusions, 
        in accordance with sections 1507.3 and 1508.4 of title 40, Code 
        of Federal Regulations.
            (5) Technical assistance.--The Secretary of Transportation 
        shall provide technical assistance to the Secretary in carrying 
        out this subsection.
    (c) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the head of another 
        Federal agency responsible for a decision related to a tribal 
        transportation safety project shall complete any approval or 
        decision for the review of the tribal transportation safety 
        project required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
        law on an expeditious basis using the shortest existing 
        applicable process.
            (2) Review of applications.--Not later than 45 days after 
        the date of receipt of a complete application by an Indian 
        tribe for approval of a tribal transportation safety project, 
        the Secretary shall--
                    (A) take final action on the application; or
                    (B) provide the Indian tribe a schedule for 
                completion of the review described in paragraph (1), 
                including the identification of any other Federal 
                agency that has jurisdiction with respect to the 
                project.
            (3) Decisions under other federal laws.--In any case in 
        which a decision under any other Federal law relating to a 
        tribal transportation safety project (including the issuance or 
        denial of a permit or license) is required, not later than 45 
        days after the Secretary has made all decisions of the lead 
        agency under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) with respect to the project, the head of 
        the Federal agency responsible for the decision shall--
                    (A) make the applicable decision; or
                    (B) provide the Indian tribe a schedule for making 
                the decision.
            (4) Extensions.--The Secretary or the head of an applicable 
        Federal agency may extend the period under paragraph (2) or 
        (3), as applicable, by an additional 30 days by providing the 
        Indian tribe notice of the extension, including a statement of 
        the need for the extension.
            (5) Notification and explanation.--In any case in which a 
        required action is not completed by the deadline under 
        paragraph (2), (3), or (4), as applicable, the Secretary or the 
        head of a Federal agency, as applicable, shall--
                    (A) notify the Committee on Indian Affairs and the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives of the failure to comply with the 
                deadline; and
                    (B) provide to the Committees described in 
                subparagraph (A) a detailed explanation of the reasons 
                for the failure to comply with the deadline.

SEC. 4. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.

    (a) In General.--The Secretary shall enter into programmatic 
agreements with Indian tribes that establish efficient administrative 
procedures for carrying out environmental reviews for projects eligible 
for assistance under section 202 of title 23, United States Code.
    (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) may include an agreement that allows an Indian tribe to 
        determine, on behalf of the Secretary, whether a project is 
        categorically excluded from the preparation of an environmental 
        assessment or environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) shall--
                    (A) require that the Indian tribe maintain adequate 
                capability in terms of personnel and other resources to 
                carry out applicable agency responsibilities pursuant 
                to section 1507.2 of title 40, Code of Federal 
                Regulations (or successor regulations);
                    (B) set forth the responsibilities of the Indian 
                tribe for making categorical exclusion determinations, 
                documenting the determinations, and achieving 
                acceptable quality control and quality assurance;
                    (C) allow--
                            (i) the Secretary to monitor compliance of 
                        the Indian tribe with the terms of the 
                        agreement; and
                            (ii) the Indian tribe to execute any needed 
                        corrective action;
                    (D) contain stipulations for amendments, 
                termination, and public availability of the agreement 
                once the agreement has been executed; and
                    (E) have a term of not more than 5 years, with an 
                option for renewal based on a review by the Secretary 
                of the performance of the Indian tribe.

SEC. 5. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.

    Section 202(d) of title 23, United States Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Use of funds.--Funds made available to carry out this 
        subsection shall be used--
                    ``(A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal transportation 
                facility bridges;
                    ``(B) to replace, rehabilitate, seismically 
                retrofit, paint, apply calcium magnesium acetate, 
                sodium acetate/formate, or other environmentally 
                acceptable, minimally corrosive anti-icing and deicing 
                composition; or
                    ``(C) to implement any countermeasure for deficient 
                tribal transportation facility bridges, including 
                multiple-pipe culverts.''; and
            (2) by adding at the end the following:
            ``(5) Funding.--
                    ``(A) In general.--In addition to any other funds 
                made available to carry out this section, there are 
                authorized to be appropriated out of the Highway Trust 
                Fund (other than the Mass Transit Account) to carry out 
                this subsection--
                            ``(i) $16,000,000 for fiscal year 2021;
                            ``(ii) $18,000,000 for fiscal year 2022;
                            ``(iii) $20,000,000 for fiscal year 2023;
                            ``(iv) $22,000,000 for fiscal year 2024; 
                        and
                            ``(v) $24,000,000 for fiscal year 2025.
                    ``(B) Treatment.--For purposes of section 201, 
                funds made available under subparagraph (A) shall be 
                considered to be part of the tribal transportation 
                program.''.

SEC. 6. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.

    There are authorized to be appropriated to the Director of the 
Bureau of Indian Affairs to carry out the road maintenance program of 
the Bureau--
            (1) $46,000,000 for fiscal year 2021;
            (2) $48,000,000 for fiscal year 2022;
            (3) $50,000,000 for fiscal year 2023;
            (4) $52,000,000 for fiscal year 2024; and
            (5) $54,000,000 for fiscal year 2025.

SEC. 7. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.

    (a) Definitions.--In this section:
            (1) Indian land.--The term ``Indian land'' has the meaning 
        given the term ``Indian lands'' in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302).
            (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. 5304).
            (3) Road.--The term ``road'' means a road managed in whole 
        or in part by the Bureau of Indian Affairs.
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Assistant Secretary for Indian Affairs.
    (b) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall carry out a study to evaluate--
            (1) the long-term viability and useful life of existing 
        roads on Indian land;
            (2) any steps necessary to achieve the goal of addressing 
        the deferred maintenance backlog of existing roads on Indian 
        land;
            (3) programmatic reforms and performance enhancements 
        necessary to achieve the goal of restructuring and streamlining 
        road maintenance programs on existing or future roads located 
        on Indian land; and
            (4) recommendations on how to implement efforts to 
        coordinate with States, counties, municipalities, and other 
        units of local government to maintain roads on Indian land.
    (c) Tribal Consultation and Input.--Before beginning the study 
under subsection (b), the Secretary shall--
            (1) consult with any Indian tribes that have jurisdiction 
        over roads eligible for funding under the road maintenance 
        program of the Bureau of Indian Affairs; and
            (2) solicit and consider the input, comments, and 
        recommendations of the Indian tribes described in paragraph 
        (1).
    (d) Report.--On completion of the study under subsection (b), the 
Secretary, in consultation with the Secretary of Transportation, shall 
submit to the Committees on Indian Affairs and Environment and Public 
Works of the Senate and the Committees on Natural Resources and 
Transportation and Infrastructure of the House of Representatives a 
report on the results and findings of the study.
    (e) Status Report.--Not later than 2 years after the date of 
enactment of this Act, and not less frequently than every 2 years 
thereafter, the Secretary, in consultation with the Secretary of 
Transportation, shall submit to the Committees on Indian Affairs and 
Environment and Public Works of the Senate and the Committees on 
Natural Resources and Transportation and Infrastructure of the House of 
Representatives a report that includes a description of--
            (1) the progress made toward addressing the deferred 
        maintenance needs of the roads on Indian land, including a list 
        of projects funded during the fiscal period covered by the 
        report;
            (2) the outstanding needs of the roads that have been 
        provided funding to address the deferred maintenance needs;
            (3) the remaining needs of any of the projects referred to 
        in paragraph (1);
            (4) how the goals described in subsection (b) have been 
        met, including--
                    (A) an identification and assessment of any 
                deficiencies or shortfalls in meeting the goals; and
                    (B) a plan to address the deficiencies or 
                shortfalls in meeting the goals; and
            (5) any other issues or recommendations provided by an 
        Indian tribe under the consultation and input process under 
        subsection (c) that the Secretary determines to be appropriate.

SEC. 8. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.

    The Commissioner of U.S. Customs and Border Protection may transfer 
funds to the Director of the Bureau of Indian Affairs to maintain or 
repair roads under the jurisdiction of the Director, subject to the 
condition that the Commissioner and the Director shall mutually agree 
that the primary user of the subject road is U.S. Customs and Border 
Protection.

SEC. 9. TRIBAL TRANSPORTATION SAFETY NEEDS.

    (a) Definitions.--In this section:
            (1) Alaska native.--The term ``Alaska Native'' has the 
        meaning given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            (2) Alaska native village.--The term ``Alaska Native 
        village'' has the meaning given the term ``Native village'' in 
        section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602).
            (3) 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. 5304).
    (b) Best Practices, Standardized Crash Report Form.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Secretary, Indian tribes, Alaska Native 
        villages, and State departments of transportation shall 
        develop--
                    (A) best practices for the compiling, analysis, and 
                sharing of motor vehicle crash data for crashes 
                occurring on Indian reservations and in Alaska Native 
                communities; and
                    (B) a standardized form for use by Indian tribes 
                and Alaska Native communities to carry out those best 
                practices.
            (2) Purpose.--The purpose of the best practices and 
        standardized form developed under paragraph (1) shall be to 
        improve the quality and quantity of crash data available to and 
        used by the Federal Highway Administration, State departments 
        of transportation, Indian tribes, and Alaska Native villages.
            (3) Report.--On completion of the development of the best 
        practices and standardized form under paragraph (1), the 
        Secretary of Transportation shall submit to the Committee on 
        Indian Affairs of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report describing 
        the best practices and standardized form.
    (c) Use of IMARS.--The Director of the Bureau of Indian Affairs 
shall require all law enforcement offices of the Bureau, for the 
purpose of reporting motor vehicle crash data for crashes occurring on 
Indian reservations and in Alaska Native communities--
            (1) to use the crash report form of the applicable State; 
        and
            (2) to upload the information on that form to the Incident 
        Management Analysis and Reporting System (IMARS) of the 
        Department of the Interior.
    (d) Tribal Transportation Program Safety Funding.--Section 
202(e)(1) of title 23, United States Code, is amended by striking ``2 
percent'' and inserting ``4 percent''.
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