[Congressional Record Volume 143, Number 32 (Thursday, March 13, 1997)]
[Senate]
[Pages S2275-S2279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself, Mr. Inouye, Mr. Campbell, Mr. 
        Johnson, Mr. Murkowski, Mr. Stevens, and Mr. Bingaman):
  S. 437. A bill to improve Indian reservation roads and related 
transportation services, and for other purposes; to the Committee on 
Indian Affairs.


       THE AMERICAN INDIAN TRANSPORTATION IMPROVEMENT ACT OF 1997

  Mr. DOMENICI. Mr. President, I rise to introduce a bill on behalf of 
myself, Senator Inouye, Senator Campbell, Senator Johnson, Senator 
Murkowski, Senator Stevens, and Senator Bingaman.
  Our bill, the American Indian Transportation Improvement Act of 1997, 
says that the U.S. Congress desires to treat the Indian people of the 
United States fairly when we pass a new ISTEA; that is, a new highway 
and transportation and transit bill. As everybody who knows anything 
about our Indian reservations and Indian pueblos knows, the Indian 
people buy gasoline just like average Americans. They have cars and 
pickup trucks. But they have a road system that is maintained for the 
most part by the Bureau of Indian Affairs. Now, if there is not a 
dedicated source of revenue, then obviously you have to take money out 
of the Bureau of Indian Affairs general funding to build roads.
  For a number of years we have decided--and I am pleased that I took 
the leadership--to set aside some significant portion of money out of 
the highway trust fund that should go to Indian roads.
  Today, I am introducing a bill that says to our 557 Indian tribes and 
the Alaskan Native villages, which are served by about 50,000 miles of 
road--about 42 percent of these roads are Bureau of Indian Affairs 
roads, as I indicated--we are going to try to begin a program that will 
not only build some more roads but will maintain them and will give the 
Indian people their share of each category of ISTEA money for their 
road needs, be it construction of bridges, transit programs, highway 
safety, scenic byways, or the like.
  Mr. President, our Nation's 557 Indian tribes and Alaska Native 
villages are served by over 50,000 miles of roads. About 42 percent of 
these roads are Bureau of Indian Affairs [BIA] system roads. Beginning 
in the 1982 Surface Transportation Assistance Act, these BIA system 
roads were included in the national highway trust fund for the first 
time in history. The gasoline tax, paid by every Indian who buys 
gasoline, was invested on Indian reservations through the Indian 
Reservation Roads [IRR] Program. Indian tribes were included in 
subsequent major highway legislation, most recently in the Intermodal 
Surface Transportation Efficiency Act [ISTEA], where annual funding has 
been $191 million for the past 5 years. Prior to ISTEA, annual IRR 
funding was $80 million per year.
  Our best estimates indicate that at least $300 million is needed 
annually to begin to bring the IRR system up to par with the rest of 
American roads and highways. Today, I am proud to be joined by Senators 
Inouye, Campbell, and Johnson in introducing the American Indian 
Transportation Improvement Act of 1997. Our legislation increases the 
Indian Reservation Roads Program from $191 million per year to $250 
million in fiscal year 1998; $275 million in fiscal year 1999; and $300 
million each year for fiscal years 2000 through 2002. These funds are 
primarily used for the design and construction of the BIA road system 
in Indian country. It is significant to most tribes that our bill also 
includes road maintenance as an eligible activity.
  In addition to increasing the planning, design, construction, and 
maintenance money in our bill, we make other significant changes in the 
IRR Program and related ISTEA Programs to improve the transportation 
system on our Nation's Indian reservations. These changes will improve 
the bridge construction program; provide a set-aside for transit 
systems; allow DOT certification to directly operate DOT programs; 
provide a set-aside for highway enhancements like lighting and transfer 
points to buses; create a competitive grant process for scenic byways; 
exclude State roads on tribal lands from the apportionment adjustment 
provisions of ISTEA; and increase funding for Indian Technical Centers 
from $200,000 each to one million dollars each for the six existing 
centers.
  In the ISTEA Bridge Program, which now requires each State to set 
aside 1 percent of its ISTEA Bridge Program funds for Indian tribes, 
our bill would consolidate the 50 separate State set-asides into one 
national pool. This national set-aside is then distributed to all 
tribes using to the BIA National Bridge Inventory Standards Program. 
This BIA Bridge Program rates each Indian bridge and gives it a 
national

[[Page S2276]]

ranking by deficiency. Funding priorities for all tribes would be set 
through the BIA bridge ranking system.
  To encourage and expand transit systems on Indian reservations, The 
American Indian Transportation Improvement Act of 1997 [TAITIA] would 
also establish a 1 percent set-aside from ISTEA--and its successor--
transit programs. While a national formula to allocate transit funds is 
developed in consultation with tribes, the Federal Transit 
Administration of the U.S. Department of Transportation [DOT] would 
allocate the funds. Without the new set-aside, tribes would have to 
continue to compete within each State for transit moneys. Our bill also 
allows the conversion of up to 3 percent of IRR construction and design 
funds for local transit purposes.
  Under current law, tribes are not included as eligible entities for 
direct certification by DOT. This situation is clearly detrimental to 
tribes hoping to directly operate DOT highway programs other than those 
operated by the BIA. While only a handful of tribes, like the Navajo 
Nation, are potentially capable of meeting the DOT certification 
standards, none are allowed to be certified under the terms of current 
law. Without changing any of DOT's certification standards, this bill 
would allow tribes that qualify to become certified by DOT to directly 
operate Federal highway programs.
  In a related certification issue, any tribe certified by DOT, as 
States are now certified, would be allowed direct access to DOT highway 
safety program funds. Other tribes--most tribes--would continue to fund 
their highway safety programs through the BIA-DOT program.
  Indian tribes need better access to the Highway Enhancements Program 
for such improvements as lighting, bike trails, transfer points to 
buses, and other enhancements. States are allowed to use up to 10 
percent of their ISTEA funds for these types of enhancements. Our bill 
creates a national Indian set-aside of 1 percent and would be 
administered through the Federal Highway Administration competitive 
grant process. Each tribe would be eligible to compete for these funds.

  The Scenic Byways Program of ISTEA is essential to many tribes for 
enhanced access to scenic areas for improved economic development 
activities and other purposes. The Jicarilla Apache Tribe in New 
Mexico, for example, has committed $3 million of its IRR funds--about 2 
years of its total allocations--to complete its portion of the narrow 
gauge scenic highway to Colorado. To improve critical roads like this 
one without detracting from the more basic highway needs, our bill 
would create a 1 percent set-aside for Indian scenic byways. The 
Federal Highway Administration would allocate these funds through a 
competitive process with priority consideration given to tribes with 
the greatest potential for tourism and other economic development 
activities for tribal members.
  Many States commit ISTEA resources to public lands highways on Indian 
reservations. Under current law, there are apportionment adjustment 
hold harmless provisions between donor and donee States. If a donee 
State like New Mexico decides to allocate funds for a public land 
highway through an Indian reservation, that donee State's allocation 
for the following year is reduced by the amount of money committed to 
the public land highway through the Indian reservation--as well as 
public land highways elsewhere in the State. To encourage States to 
commit their ISTEA resources to these critical highways on Indian land, 
like New Mexico highway 537 on the Jicarilla Apache Tribe's 
reservation, our bill exempts State commitments to public lands 
highways that are built on Indian land.
  If The American Indian Transportation Improvement Act of 1997 were 
law today, the State of New Mexico and similar donee States would not 
be penalized for committing their resources to State roads like New 
Mexico highway 537. Our bill does not address the more general issue of 
the apportionment adjustment hold harmless provisions in ISTEA, we 
simply exempt Indian land highways from those provisions.
  Finally, The American Indian Transportation Improvement Act of 1997 
increases the allocation of IRR funds to the Indian technical centers 
from $200,000 per center for six centers to $1 million per center for 
the same six centers. These centers provide training to Indian tribes 
in all phases of highway planning, design, construction, maintenance, 
procurement, and related bridge programs. Increasing the ability of 
these centers to train Indian highway administrators, engineers, and 
others involved in the IRR Program will significantly enhance the 
ability of tribes to operate their own programs and improve their 
transportation systems.

  Mr. President, The American Indian Transportation Improvement Act of 
1997, was developed in close consultation with Indian leaders. I would 
like to give special recognition to Paulson Chaco and Sam Johns of the 
Navajo Nation Transportation Department and Arnold Cassador of the 
Jicarilla Apache Tribe and Mark Wright, their tribal roads engineer. 
Their assistance in developing this bill has been essential and their 
knowledge of these highway programs is impressive.
  The American Indian Transportation Improvement Act of 1997 will be a 
considerable improvement in the current way we do business for the BIA 
roads system. This system serves over a million American Indians who 
live on or near a reservation. In my home State of New Mexico, IRR 
funds have made a large difference in the past decade. It is time to 
accelerate this effort for the direct benefit of Indian people in 
America.
  Under the current relative needs formula for distributing the IRR 
money, the Navajo Nation--in New Mexico and Arizona--is now scheduled 
to receive about $55 million annually in IRR funds. New Mexico Pueblos 
receive about $12 million and the Apache Tribes receive about $3 
million in New Mexico. I know from personal observation, that these 
funds are generally well spent and much needed throughout Indian 
country. I believe they are critical funds for improving the poor 
employment opportunities on most Indian reservations. I urge my 
colleagues to study the importance of Indian roads for economic 
development opportunities, and support our effort to greatly improve 
the Indian Reservation Road Program as described in our bill. Our bill 
will go a long way toward helping American Indians make the best use of 
our Nation's highway programs to improve their daily lives.
  We have not heretofore broadly applied this degree of Indian 
participation in the trust fund we set up for highways and mass 
transit. We have, in the past, principally put money in to build roads. 
This year, the new bill that we introduced with the cosponsors that I 
have spoken of, will increase the ISTEA Indian Reservation Road Program 
to $250 million in 1998, to $275 million in 1999, then $300 million in 
each of the years 2000, 2001 and 2002. The ISTEA Indian Reservation 
[IRR] Roads program is currently funded at $191 million per year.
  I want to have a list printed in the Record at this point to show the 
current distribution of IRR funds by the BIA regional offices. Mr. 
President, I ask unanimous consent that this be printed in the Record, 
and I ask that a program activity allocation, showing how this IRR 
money is currently allocated among the participating Federal agencies, 
be printed in the Record at this point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

        INDIAN RESERVATION ROADS PROGRAM, DESIGN AND CONSTRUCTION       
                          [Dollars in millions]                         
------------------------------------------------------------------------
                                                      RNF               
                                                   (percent)     Amount 
------------------------------------------------------\1\---------------
Bureau of Indian Affairs, Central Office, $191                          
 million:                                                               
  Aberdeen.....................................        9.109      $15.2 
  Anadarko.....................................        2.987        5.0 
  Billings.....................................        6.052       10.1 
  Juneau.......................................        9.460       15.8 
  Minneapolis..................................        5.045        8.4 
  Muskogee.....................................        7.705       12.9 
  Phoenix......................................        9.327       15.6 
  Sacramento...................................        2.863        4.8 
  Albuquerque..................................        7.026       11.8 
  Navajo.......................................       32.752       54.8 
  Portland.....................................        5.700        9.5 
  Eastern......................................        1.974        3.3 
                                                ------------------------
    Total......................................      100       \2\ 167.2
                                                                    5   
------------------------------------------------------------------------
\1\ RNF=Relative Needs Formula (Allocation distribution).               
\2\ Approximate amount available for design and construction after      
  deductions for different categories.                                  


[[Page S2277]]


         INDIAN RESERVATION ROADS [IRR] PROGRAM ALLOCATION PLAN         
------------------------------------------------------------------------
                                                   Allocation           
               IRR Program Activity                 (percent)   Million 
------------------------------------------------------------------------
    Yearly Authorization.........................  ..........    $191.0 
Less FHWA Administration.........................       3.00        5.7 
Less BIA Administration..........................       5.00        9.0 
Less IRR Transportation Planning.................       2.00        3.8 
Less 2 percent Tribal Transportation Planning *..       2.00        3.8 
Less Mapping.....................................        .13         .25
Less LTAP........................................        .63        1.2 
                                                  ----------------------
    Available for design and construction........  ..........     167.25 
------------------------------------------------------------------------
* 23 U.S.C., Section 204(j)(b)-Up to 2% of funds made available for     
  Indian Reservation Roads for each fiscal year shall be allocated to   
  those Indian tribal governments applying for transportation planning  
  pursuant to the provisions of the Indian Self-Determination and       
  Education Assistance Act. The Indian tribal government, in cooperation
  with the Secretary of the Interior, and, as may be appropriate, with a
  State, local government, or metropolitan planning organization, shall 
  develop a transportation improvement program, that includes all Indian
  reservation road projects proposed for funding. Projects shall be     
  selected by the Indian tribal government from the transportation      
  improvement program and shall be subject to the approval of the       
  Secretary of the Interior and the Secretary (of Transportation).      

  Mr. DOMENICI. Mr. President, I send the bill to the desk and ask it 
be referred to the appropriate committee or committees.
  The PRESIDING OFFICER. The bill will be received and appropriately 
referred.
  Mr. DOMENICI. Mr. President, I send a summary of the provisions, the 
purpose and various provisions. This document will show that Indian 
reservation bridges, for example, will be handled in a better way. Our 
bill continues the basic design and construction of Indian roads. We 
also add road maintenance as an eligible activity. We also provide 
transit, scenic byways, highway enhancements, and other Indian set-
asides in our bill.
  We include scenic byways, especially those that will help to develop 
reservation economies. We think if there are byways that are scenic in 
Indian country and can add to the reservation economy, they ought to 
get their share of these highway trust funds. We allow DOT 
certification for tribes who can qualify to directly operate DOT 
programs without going through the Bureau of Indian Affairs. We 
increase funding for Indian technical centers to enhance tribal 
capabilities in the entire range of highway planning, design, 
construction, and maintenance.
  I ask that this bill summary be printed in the Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

       The American Indian Transportation Improvement Act of 1997


                                Purpose

       To increase the Indian Reservation Roads (IRR) Program of 
     the Intermodal Surface Transportation Improvement Act (ISTEA) 
     from $191,000,000 per year to $300,000,000 per year, and to 
     include Indian tribes in other relevant programs of ISTEA as 
     described below.


                IRR Funding Amounts and Road Maintenance

       IRR Program funding will be increased from $191 million in 
     fiscal year 1997 to $250 million in fiscal year 1998; $275 
     million in FY 1999; and $300 million in fiscal years 2000 
     through 2002. Road maintenance is made an eligible activity.


                       Indian Reservation Bridges

       The current Indian reservation bridge program in ISTEA is 
     operated through the states. Each state has a set-aside of 
     one percent for Indian bridges. The American Indian 
     Transportation Improvement Act of 1997 (TAITIA) creates a 
     single national bridge program from amounts previously 
     allocated to the states. TAITIA allocates one percent to the 
     Secretary of Transportation for Indian bridges. Priorities 
     for distribution among tribes will be determined by the 
     Bureau of Indian Affairs' (BIA) National Bridge Inspection 
     Standards Program which determines deficiency levels for 
     Indian reservation bridges. Priority for TAITIA funds will be 
     given to bridges with the highest level of deficiency.


                        Indian Transit Set-Aside

       In The American Indian Transportation Improvement Act of 
     1997, one percent of the ISTEA Mass Transit funds will be set 
     aside for transportation services to Indian tribes. The 
     Secretary of Transportation will develop an allocation 
     formula in consultation with tribes. Until the allocation 
     formula is formally developed, the Administrator of the 
     Federal Transit Administration of DOT will establish a 
     temporary allocation formula. the funds through a temporary 
     formula.


                         Scenic Byways Program

       One percent of the funds for scenic byways are set-aside 
     for Indian tribes in a competitive grant process for the 
     planning, design, and development of Indian tribe scenic 
     byway programs. These scenic byways are important for tribal 
     economic development programs.


              Certification Acceptance and Highway Safety

       The American Indian Transportation Improvement Act of 1997 
     allows tribes with advanced transportation planning and 
     construction capabilities to be certified by DOT for direct 
     participation in DOT programs in a manner that is now allowed 
     for qualified states. Under current law, even a qualified 
     tribe is not allowed to be certified by DOT. This 
     certification acceptance provision will allow tribes that are 
     able to meet the national standards to be accepted by DOT. 
     TAITIA makes no changes in the certification standards.
       Tribes that are able to achieve certification acceptance by 
     DOT will also be eligible for direct access to DOT highway 
     safety funds, Section 402 of ISTEA. These activities include 
     traffic safety, traffic law education, seatbelt law 
     enforcement, and free infant restraints.


                        Indian Technical Centers

       The six Indian Technical Centers are now funded at a level 
     of $200,000 each. To improve tribal capacity to plan, design, 
     construct, maintain, and otherwise operate their own Indian 
     Reservation Roads Programs, TAITIA will increase each 
     center's amount to one million dollars, adding $4.8 million 
     for this vital function.


                 Transportation Enhancement Activities

       ISTEA allows each state to use up to ten percent of its 
     allocation for transportation enhancements such as bike 
     trails, transfer points to buses, and lighting. Tribes are 
     allowed to compete for these funds in each state. TAITIA sets 
     aside one percent of the national transportation enhancement 
     pool to be used by the Secretary of Transportation to make 
     competitive grants to Indian tribes.


                         Public Lands Highways

       TAITIA exempts states from the apportionment adjustment 
     provisions of ISTEA for Public Lands Highways built on Indian 
     reservations. Although these are not IRR funds, states are 
     currently discouraged from committing their resources to 
     Public Lands Highways in Indian Country due to the hold 
     harmless provisions of the apportionment adjustment 
     requirements. This exemption is intended to encourage states 
     to make commitments of state ISTEA resources to Public Lands 
     Highways on Indian reservations.

  Mr. DOMENICI. Mr. President, I would like to indicate the 
distinguished former chairman of the Indian Affairs Committee, Senator 
McCain, is very interested in the bill, and has indicated his support 
when it reaches his committee.
 Mr. CAMPBELL. Mr. President, as Chairman of the Committee on 
Indian Affairs, I am pleased to join Senator Domenici and Vice Chairman 
Inouye in introducing the American Indian Transportation Improvement 
Act of 1997, to amend the Intermodal Surface Transportation Efficiency 
Act. [ISTEA].
  More than any other communities in the United States, Indian tribes 
and Alaska Native villages suffer from a lack of adequate 
infrastructure, and the necessary tools to build and maintain that 
infrastructure. The United States has a special responsibility to 
Indian tribal governments to help them achieve economic self-
sufficiency and political self-determination.
  Economies today, whether State, tribal, or national, are increasingly 
dependent on interstate and international commerce for their 
livelihoods. Solid physical infrastructure is the foundation for those 
economies.
  Federal ISTEA funding to tribal governments has lagged behind 
spending for States and local governments over the years, despite acute 
and unmet needs in Indian country. Poor and unsafe roads and highways, 
crumbling bridges, and nonexistent transit and transportation systems 
all contribute to and result in tribal economies that are third world 
in nature.
  In addition to facilitating the delivery of basic social services 
such as health, education, and nutrition to tribal members, solid 
physical infrastructures act as an incentive to outside investors to 
invest in tribal economies and to locate their businesses on tribal 
lands.
  The legislation I am cosponsoring today recognizes the special 
Federal obligations, and will assist in the development and maintenance 
of Indian transportation infrastructures and in the process pave the 
way for higher levels of economic growth and job creation.
  By increasing the funds available for the Indian reservation roads 
program, this bill will provide immediate relief to those tribes that 
have a backlog of road development and maintenance. By strengthening 
the capacity of tribes through transportation enhancement activities, 
the reservation bridges programs, and technical centers, this 
legislation will ensure that Indian tribes are not precluded from 
building stronger, more vibrant communities.
  I urge my colleagues to join in enacting this legislation so critical 
to tribal governments and economies across the Nation.

[[Page S2278]]

  Mr. INOUYE. Mr. President, I rise today to join my esteemed 
colleague, Senator Pete V. Domenici of New Mexico, as a cosponsor of 
legislation that he has authored which proposes an increase in the 
funding for the Indian Reservation Roads Program and which would 
improve the quality of Indian roads by directly including Indian tribes 
in Federal transportation service programs.
  Indian reservation roads are the lifeline of tribal economic and 
social wellbeing, with about 50,000 miles of roads serving Indian 
tribes and Alaska Native villages nationwide. Over 90 percent of these 
roads are comprised of State and county roads and roads constructed and 
maintained by the Bureau of Indian Affairs.
  The Bureau of Indian Affairs' road system includes approximately 
21,000 miles of roads which comprise about 42 percent of all roads 
serving Indian country. The overwhelming majority of these Bureau of 
Indian Affairs' roads--about 89 percent--are rated as being in poor 
condition. This is an alarming statistic which this legislation is 
designed to remedy.
  Historically, funding for the construction and maintenance of Bureau 
of Indian Affairs' roads has failed to keep pace with tribal 
transportation needs and the result has been inferior Indian road 
conditions. In the 1950's, BIA funding reached a high of $10 million 
per fiscal year. By 1979, funding levels rose to $80 million per year. 
Thereafter, BIA funding significantly declined.
  The Surface Transportation Assistance Act of 1982 made the Indian 
Reservation Roads Program eligible for support from the Highway Trust 
Fund at $100 million for fiscal years 1984 to 1986. Between 1987 and 
1991, funding from the Highway Trust Fund decreased to $80 million. In 
1992, funding rose to $159 million and from 1993 to 1997, funding for 
Indian roads increased to $191 million.
  Although funding for Indian reservation road construction and 
maintenance improved, the increases were nonetheless woefully 
inadequate to meet tribal construction needs and to improve Indian 
roads so that they might be able to meet national standards. 
Furthermore, the current funding level of $191 million falls well short 
of the estimated national tribal transportation need of $300 million 
annually. Unless funding is increased, tribal roads will continue to 
fall behind national standards to the economic and social detriment of 
Indian tribes.
  The American Indian Transportation Improvement Act of 1997 includes 
necessary funding increases and significant changes to the Indian 
Reservation Roads Program and to relevant Federal transportation 
programs that will provide Indian tribes with greater opportunities to 
meet their transportation needs. The improvements to Indian 
transportation include the following:
  One, funding for the Indian Reservation Roads Program would be 
increased from $191 million annually to $250 million for fiscal year 
1998, $275 million for fiscal year 1999, and $300 million for fiscal 
years 2000 through 2002. Funds are primarily to be used for the design 
and construction of roads in the BIA system.
  Two, identified as high priority by tribes, the bill includes Indian 
reservation road maintenance as an eligible activity for funding under 
the Indian Reservation Roads Program. For BIA roads, Indian Reservation 
Roads Program funds would be used to supplement the nominal funding 
provided for road maintenance.
  Three, to encourage donee States to fund public land highway projects 
that serve Indian country, the bill exempts funds expended on a public 
land highway constructed on an Indian reservation from the 
apportionment adjustment hold harmless requirement which has in the 
past had the effect of decreasing a State's surface transportation 
program allocation by the amount a State expended on a public land 
highway located on or running through an Indian reservation.

  Four, this bill would establish a 1-percent set-aside of funds 
allocated for the National Scenic Byway Program for the development of 
an Indian scenic byway program to enhance access to scenic areas for 
economic development and other purposes with funding to be distributed 
through competitive grants.
  Five, currently, tribes qualified to meet the requirements of direct 
certification in order to operate their own Federal highway programs 
are not eligible to do so. The bill overcomes this impediment by 
authorizing the eligibility of Indian tribes for certification by the 
State or tribal highway department to directly operate Federal highway 
programs. For example, certified tribal governments will have direct 
access to Federal highway safety funds and be able to manage the 
highway safety programs.
  Six, to promote tribal highway enhancement activities on Indian 
roads, including bus transfer points and highway lighting, the bill 
authorizes the transfer of 1 percent of the funds available to States 
for transportation enhancement for competitive grants to Indian tribes.
  Seven, in order to remedy the inefficient distribution of Indian 
bridge funds, the bill would establish a national Indian bridge program 
by consolidating the 1 percent of funds the States set aside for Indian 
bridges. The Secretary of Transportation would distribute the funding 
with priority given to bridges with the highest level of deficiency as 
determined by the BIA National Bridge Inspection Standards. This 
process efficiently allocates Indian bridge funds based on demonstrable 
need.
  Eight, to enhance the capability of Indian tribes to improve their 
transportation systems and qualify for direct certification, $1 million 
per fiscal year is authorized for each of six Indian technical centers 
where tribal members receive training in areas including highway 
planning, construction, and maintenance.
  Nine, finally, to address the inability of Indian tribes to apply 
directly for mass transportation funds and to meet increasing transit 
needs, the bill provides authority for a 1-percent set-aside of mass 
transportation funding for tribes with the allocation formula to be 
established by the Secretary of Transportation following negotiations 
with the tribes. In addition, the bill authorizes the conversion of up 
to 3 percent of Indian reservation road funds to provide mass 
transportation services to Indian tribes.
  The American Indian Transportation Improvement Act of 1997 will 
significantly improve surface transportation service on or near Indian 
Reservations--improvements that will provide greater mobility for 
tribal members, increase economic opportunities for the tribe, 
including much-needed employment, and improve the overall quality of 
life.
  Mr. President, I want to recognize the outstanding leadership 
demonstrated by Senator Pete Domenici in developing this important 
legislation. I urge my colleagues to join the chairman of the Indian 
Affairs Committee, the Honorable Senator Ben Nighthorse Campbell, 
Senator Pete Domenici, and me in acting favorably on this bill when it 
comes before the Senate for consideration.
  Mr. BINGAMAN. Mr. President, I rise to speak briefly about the 
American Indian Transportation Improvement Act of 1997. This is an act 
that is long overdue. It would ensure that the native American 
communities in our country received the necessary funding to keep up 
with their growing infrastructure needs, in this case, roads. This bill 
would also ensure that we continue the Federal responsibility and 
commitment to native Americans. In addition, Mr. President, the 
American Indian Transportation Improvement Act would go a long way 
toward providing native American communities the necessary means toward 
economic and rural development to attract more business enterprises, 
tourism and thereby, job creation.
  As my distinguished colleague from New Mexico, Senator Domenici, has 
aptly described today, Indian tribes and Alaskan communities must 
maintain over 50,000 miles of roadways. Many of our Nation's bridges 
and roadways are in great need of repair and upgrade, and tribal roads 
and bridges are by no means an exception. This year as we work toward 
ISTEA reauthorization, we must address many complicated issues. For 
example, we must determine whether and to what extent distribution 
formulas should be adjusted, whether to provide States added 
flexibility in administering programs, and whether and to what extent 
current environmental protections should be enhanced.

[[Page S2279]]

  But as we toil to address these issues, we must realize that tribal 
communities are facing and must address transportation issues just as 
challenging as those we address on a State and national Level. Tribes 
have the same needs and are just as interested as our Nation's urban 
dwellers in improving roads and bridges. Tribal communities are 
interested in establishing and maintaining mass transit systems 
especially to assist their elderly, disabled, and youth get to and from 
places for goods, services, health care, and after-school activities.
  Mr. President, our investment in city, State, county, and tribal 
transportation systems is an investment from which we will certainly 
reap larger economic benefits and a much greater quality of life for 
communities greatly in need of help.
                                 ______