[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[Senate]
[Pages S8364-S8365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 1091. A bill to amend title 23, United States Code, to provide for 
maintenance of public roads used by schoolbuses serving certain Indian 
reservations; to the Committee on Environment and Public Works.


      THE INDIAN RESERVATION SCHOOL ROADS MAINTENANCE ACT OF 1997

  Mr. BINGAMAN. Mr. President, I rise today to introduce the Indian 
Reservation School Roads Maintenance Act of 1997. This bill, which is 
being cosponsored by my colleague from New Mexico, Senator Domenici, 
addresses a unique situation with respect to roads in and around Indian 
reservations and nearby counties that is actually preventing children 
from getting to and from school safely. Because of the unique nature of 
this situation, it can only be addressed at the Federal level.
  I would like to start with an example of this unique problem and why 
I believe a Federal solution is necessary. As you can see, Mr. 
President, this first chart is a map of the Navajo Reservation in New 
Mexico, Arizona, and Utah. The Navajo Nation is by far the Nation's 
largest Indian reservation, covering 25,000 square miles. To give you 
an idea of its size, there are 10 States that are smaller than this 
reservation. For instance, it is the same size as the State of West 
Virginia.
  According to the Bureau of Indian Affairs, there are 9,000 miles of 
roads that serve the Navajo Nation. Only one-fifth of these roads are 
paved--the rest, over 7,000 miles, are dirt roads. The schoolbuses have 
to use nearly all of the 9,000 miles of roads each and every day to get 
the kids to and from school.
  About 6,400 miles of these roads on the reservation are BIA roads and 
over 2,500 miles are State and county roads. All public roads within, 
adjacent to, or leading to the reservation, including BIA, State, and 
county roads, are considered part of the Indian reservation road 
system. However, only BIA roads are eligible for Federal maintenance 
funding from BIA, and generally, construction and improvement funding 
from the Federal Lands Highways Program in ISTEA is applied to BIA 
roads. On the other hand, States and counties are responsible for 
maintenance and improvement of their roads.
  Mr. President, the Federal Government is asking the States and 
counties to bear too large a burden for road maintenance in this unique 
situation, given the resources most of these counties have. For 
example, counties around the Navajo Reservation are predominantly 
comprised of Federal or tribal lands. Three-quarters of McKinley County 
in my State of New Mexico is either tribal or Federal land, including 
BLM, Forest Service, and military. This next map is of McKinley County, 
and as you can see, Mr. President, everything shown on this map that is 
either orange, yellow, green, or red, is tribal or Federal land. The 
Indian land area alone comprises 61 percent of the county. As you can 
see, everything else is county land, which is a very small fraction of 
total land area. Therefore, there is a very small tax base on which the 
county can rely as a source of revenue for maintenance purposes. The 
picture for San Juan County in the northwest corner of New Mexico is 
very much the same.
  Mr. President, families living in and around the reservation are no 
different from families anywhere else; their children are entitled to 
the same opportunity to get to school safely and get a good education. 
However, the miles and miles of unpaved, deficient roads in this vast 
area are frequently impassable. If the schoolbuses don't get through, 
the kids simply cannot get to school.
  Of the 600 miles of county-maintained roads in McKinley County, 550 
miles serve Indian land. Because of the vastness of the reservation, 
this is a cost that the counties in New Mexico, Arizona, and Utah 
simply cannot and should not have to bear without Federal assistance. 
Indeed, because of the large tribal and Federal presence in these 
counties, it is encumbent upon the Federal Government to provide this 
assistance.
  What my bill does is set aside $10 million from the highway trust 
fund that counties such as these can apply for to help maintain the 
roads used by schoolbuses to carry children to school or to a Headstart 
program. Let me be very clear: these Federal funds can be used only on 
roads that are located within, or that lead to the reservation, that 
are on the State or county maintenance system, and that are used by 
schoolbuses.
  Let me just state again, Mr. President, that maintaining schoolbus 
routes in this vast area is a unique problem that only the Federal 
Government can effectively deal with.
  I don't believe any child wanting to get to and from school safely 
should have to risk or tolerate unsafe roads. Kids today, particularly 
in rural areas, already face enough barriers to getting a good 
education. I ask all Senators to join with me in assuring that all 
schoolchildren at least have a chance to get to school safely and have 
an opportunity for an education. I urge all of my colleagues to support 
this bill.
  Mr. President, I ask unanimous consent that the full text of the 
bill, a summary, a McKinley County Commission resolution, a letter from 
the McKinley County road superintendent, David Acosta, and a letter 
from the Northwest New Mexico Council of Governments be included in the 
Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 1091

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

     SECTION 1. INDIAN RESERVATION SCHOOL ROADS.

       (a) Funding.--Section 1003(a)(6) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 1919) is amended by adding at the end the 
     following:
       ``(D) Indian reservation school roads.--For maintenance of 
     Indian reservation school roads $10,000,000 for each of 
     fiscal years 1998 through 2003.''.
       (b) Definition of Indian Reservation School Road.--Section 
     101 of title 23, United States Code, is amended by inserting 
     after the undesignated paragraph defining ``Indian 
     reservation roads'' the following:
       ``The term `Indian reservation school road'' means a public 
     road that--
       ``(A) is within, is adjacent to, or provides access to an 
     Indian reservation (including associated trust land and 
     restricted Indian land) having a land area of 10,000,000 
     acres or more; and
       ``(B) is used by a school bus to transport children to or 
     from a school or Headstart program.''.
       (c) Maintenance Under the Federal Lands Highways Program.--
     Section 204 of title 23, United States Code, is amended--
       (1) in the first sentence of subsection (a) by striking 
     ``and Indian reservation roads'' and inserting ``Indian 
     reservation roads, and Indian reservation school roads'';
       (2) in subsection (b), by inserting after the second 
     sentence the following: ``Funds available for Indian 
     reservation school roads shall be used by the Secretary to 
     pay for the cost of maintenance of Indian reservation school 
     roads in accordance with subsection (k).'';
       (3) in the last sentence of subsection (c), by striking 
     ``The Bureau'' and inserting ``Subject to subsection (k), the 
     Bureau''; and
       (4) by adding at the end the following:

[[Page S8365]]

       ``(k) Indian Reservation School Roads.--
       ``(1) Funding.--A State or county with an Indian 
     reservation school road on its maintenance system may apply 
     for funding from the Secretary for maintenance of the Indian 
     reservation school road, which the Secretary may grant if the 
     Secretary determines that funding for maintenance of the road 
     from other sources is not sufficient to provide maintenance 
     that ensures the safety and welfare of children being 
     transported in a school bus to and from a school or Headstart 
     program.
       ``(2) Method of contracting.--All maintenance work funded 
     under this subsection shall be performed--
       ``(A) by contract awarded by competitive bidding; or
       ``(B) by a State or county that the Secretary has 
     determined has the ability to administer efficiently funds 
     granted for the maintenance of Indian reservation school 
     roads.
       ``(3) Supplementary funding.--The Secretary shall ensure 
     that funding made available under this subsection for 
     maintenance of Indian reservation school roads for each 
     fiscal year is supplementary to and not in lieu of any 
     obligation of funds by the Bureau of Indian Affairs for road 
     maintenance programs on Indian reservations.''.
                                  ____


 Bill Summary--Indian Reservation School Roads Maintenance Act of 1997

       The bill creates a new category of funding called ``Indian 
     reservation school roads'' in the existing Federal Lands 
     Highways Program (ISTEA, section 204 of title 23). This new 
     category is in addition to the existing Indian reservation 
     roads category. The authorized level of funding is $10 
     million per year for six years from the Highway Trust Fund, 
     other than the mass transit account.
       Indian reservation school roads are defined to be public 
     roads that are within, adjacent to, or provide access to an 
     Indian reservation (including associated Indian trust lands 
     and restricted Indian lands) with a land area of at least 10 
     million acres and are used by school buses to transport 
     children to or from school or Headstart programs.
       A state or county with an Indian reservation school road on 
     its maintenance system may apply to the Secretary of 
     Transportation for funding for maintenance of a school bus 
     road. The Secretary may grant funding if the Secretary 
     determines the roads are not being maintained adequately to 
     ensure the safety and welfare of children being transported 
     to and from school or headstart program.
       Maintenance work shall be performed by contract awarded by 
     competitive bidding or by a state or county that the 
     Secretary has determined has the ability to administer funds 
     granted for the maintenance of Indian reservation school 
     roads.
       Funds provided for maintenance of Indian reservation school 
     roads is supplemental to any funding for maintenance of 
     Indian reservation roads provided by the Bureau of Indian 
     Affairs.
                                  ____


   State of New Mexico, County of McKinley, Resolution No. SEP-96-078

       Whereas, the McKinley County Board of Commissioners has 
     entered into a intergovernmental agreement with the Navajo 
     Nation and the Bureau of Indian Affairs (BIA) to provide road 
     maintenance on school bus routes within the McKinley County 
     portion of the Navajo Nation; and
       Whereas, McKinley County, the Navajo Nation and the BIA are 
     aware of the many additional miles of roads on the 
     reservation that are used for school bus routes but are not 
     maintained due to a shortfall in maintenance funds; and
       Whereas, the maintenance of school bus routes is necessary 
     and a benefit to Navajo students and will provide continued 
     access to the public education system in McKinley County; 
     Now, therefore be it
       Resolved, That McKinley County requests that in the 
     reauthorization of the ISTEA program in 1997 that the United 
     States Congress allow twenty-five percent (25%) of those 
     funds allocated to the Navajo Nation for new road 
     construction, be set aside for maintenance of existing school 
     bus routes.
       Passed, approved and adopted by the governing body at its 
     meeting of September 30, 1996.
                                  ____



                                           County of McKinley,

                                      Gallup, NM, August 29, 1996.
     Hon. Jeff Bingaman,
     Senator, New Mexico,
     Senate Office Building, Washington, DC.
     Attention: Mr. Steve Clemens
       Dear Steve: McKinley County is responsible for the 
     maintenance of approximately 591.343 miles of roadway. 
     Approximately 450 miles consist of unimproved dirt roads. The 
     majority of roads serve as school bus routes for the Gallup-
     McKinley County Schools, BIA Schools, and several private and 
     parochial schools. McKinley County is comprised of 
     approximately 5,454 total square miles, with approximately 
     61% of the land base classified as Native American and BIA 
     lands. McKinley County has approximately 540 miles of 
     maintained roads which provide access to and within the 
     Indian Reservation, Indian Trusts Lands, and Restricted 
     Indian Lands.
       Our request is that the upcoming Intermodal Service 
     Transportation Efficiency Act (ISTEA) legislation be modified 
     to provide greater flexibility in the use of ISTEA funds on 
     local roadways, or modify the upcoming reauthorized version 
     of ISTEA to establish a ``Rural Area Set Aside for Local 
     Roads''. McKinley County would benefit greatly if County 
     Government could become eligible under the Indian Reservation 
     Roads (IRR) set aside funding. Currently the funding consists 
     of $191 million dollars per fiscal year which is allocated 
     directly to Indian Tribes and BIA.
       The current legislation prohibits the use of ISTEA Surface 
     Transportation Funds for any roads that are functionally 
     classified as local or rural minor collectors. Since 
     virtually all County roads fall under this category, counties 
     throughout the nation do not currently qualify for ISTEA 
     funding.
       On behalf of all counties within New Mexico, we are 
     requesting that the reauthorization of ISTEA funding have the 
     specific language which will provide funding for County 
     Government.
       If you have any questions or need further clarification, 
     please do not hesitate to notify me at (505) 722-7171. Thank 
     you for your assistance and support to McKinley County.
           Sincerely,
                                                  David J. Acosta,
     Road Superintendent.
                                  ____

                                              Northwest New Mexico


                                       Council of Governments,

                                        Gallup, NM, July 25, 1997.
     Hon. Jeff Bingaman,
     U.S. Senate, Hart Building,
     Washington, DC.
       Dear Senator Bingaman: I am writing to express my support 
     and endorsement of your proposed bill pertaining to school 
     bus route roads on the Navajo Nation Reservation. (An 
     amendment to Section 1000 (a)(6) of the Intermodal Surface 
     Transportation Efficiency Act of 1991) The school bus routes 
     in northwest New Mexico, like much of the road network in the 
     region, are not well maintained. McKinley and San Juan 
     Counties public school systems, the BIA, and private schools 
     all provide educational opportunities to children on the 
     Navajo Reservation. The counties' school system, and school 
     bus route system is extensive, yet there are not adequate 
     funds to maintain school bus routes at the county level. 
     Other routes and counties in and around the Navajo 
     Reservation have these same problems.
       This additional funding would allow the county school 
     systems to provide safe, adequate transportation of children 
     on the reservation to and from school.
       Please contact me if you have any questions.
           Sincerely,
                                               Patricia Lundstrom,
                                               Executive Director.
                                 ______