[Congressional Record Volume 146, Number 34 (Thursday, March 23, 2000)]
[Senate]
[Pages S1677-S1678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Johnson, and Mr. Inouye):
  S. 2283. A bill to amend the Transportation Equity Act for the 21st 
Century to make certain amendments with respect to Indian tribes; to 
the Committee on Indian Affairs.


          the indian tribal surface transportation act of 2000

  Mr. CAMPBELL. Mr. President, I am pleased to be joined by Senator Tim 
Johnson in introducing today a bill to make needed clarifications in 
the law to aid in the administration of the Indian Reservation Road and 
Bridge Program to better meet the transportation needs in Indian 
country.
  There is an enormous need for physical infrastructure on Indian lands 
throughout the country. This infrastructure is necessary for Indian 
tribes and their citizens to carry out emergency services, law 
enforcement, and the transportation of goods and services.
  In addition, physical infrastructure is just as important for Indian 
communities as it is for other communities because Indian economies are 
still in need of significant investment and private sector activity.
  When entrepreneurs or investors are calculating whether to invest in 
any community they look first to see if basic building blocks are 
there: roads, highways, electricity, potable water, and other factors.
  So for Indian communities an efficient federal roads financing and 
construction system holds the key to healthier economies and higher 
standards of living for their members.
  In 1998, Congress enacted the Transportation Equity Act of the 
Twenty-First Century (``TEA-21'') to authorize Federal surface 
transportation programs with the goals of improved highways, increased 
safety, protecting the environment, and increased economic growth.
  In passing TEA-21, Congress approved several Indian amendments that I 
was happy to propose to require a negotiated rule-making to determine 
the allocation formula to allow the kind of flexibility needed for an 
Indian country-wide formula; as well as a provision to ensure that all 
TEA funds set aside for Indians would be made available to tribes that 
choose to enter contracts under the Indian Self-Determination and 
Education Assistance Act of 1975, P.L. 93-638, as amended.
  On October 20, 1999, the Committee on Indian Affairs, which I chair, 
held an oversight hearing on the Indian reservation roads program and 
TEA-21. From testimony and other evidence presented it is evident that 
there remain serious obstacles to a more efficient functioning of TEA-
21 in Indian communities. I am sorry to say that one of the obstacles 
appears to be the administration of the program by the Bureau of Indian 
Affairs itself.
  The Indian reservation roads program is set up in such a way that the 
roads funding is transferred from the Department of Transportation's 
Federal Highway Administration [FHWA] to the Bureau of Indian Affairs, 
which in turn allocates the funds to Indian tribes based on a pre-
existing formula.
  Although reservation roads compose 2.63 percent of the Federal 
highway system, less than 1 percent of Federal aid had been allocated 
to Indian roads.
  This bill would remove the so-called ``obligation limitation'' 
contained within TEA-21 and in effect would allow the already-
authorized funds for Indians to reach the intended beneficiaries.
  In 1999, the amount of funds that reached the Indian communities was 
$34 million less than that authorized in TEA-21 because of the 
obligation limitation.
  This bill also authorizes the Federal Lands Highway Program to 
establish a Pilot Program to contract directly with Indian tribes for 
the administration of these tribes' roads programs. By allowing tribes 
to voluntary enter this program, it is intended that a better use can 
be made of existing resources and at the same time encourage Indian 
tribal self-determination.
  Under current law, the BIA is authorized to use ``up to 6 percent'' 
of the roads funding for oversight and administration of the Indian 
roads program. If it was not clear in 1998, it should be clear now that 
these funds are not intended to be available to subsidize other BIA 
roads operations nor are they intended to be used for any other 
purposes.
  The bill I am introducing today contains an amendment that clarifies 
the ``up to 6 percent'' language by reiterating Congress' intention 
that the figure was and is intended as a maximum, not a minimum, 
funding level with regard to BIA administrative costs.
  Finally, with regard to the option to tribes to administer these 
funds and programs, the bill clarifies that all Indian reservation 
roads program funds are to be made available to Indian tribes which 
want to assume the administration of their reservation roads program 
under Public Law 93-638.
  The bill also seeks to eliminate the current redundancy is required 
health and safety certification by allowing tribes the option of 
meeting statutorily required Health and Safety Standards without the 
need for a second, duplicative effort by the BIA. It is important to 
note that the standards themselves will not change, nor will the need 
for tribal compliance with those standards change.
  Mr. President, that is a brief description of the amendments in this 
bill, and I urge my colleagues to support them.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S1678]]

                                S. 2283

       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 ``Indian Tribal Surface 
     Transportation Act of 2000''.

     SEC. 2. AMENDMENTS RELATING TO INDIAN TRIBES.

       (a) Obligation Limitation.--Section 1102(b) of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 104 
     note) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end thereof the following:
       ``(9) under section 1101(a)(8)(A).''.
       (b) Pilot Program.--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, upon request of 
     the Indian tribal government involved, to the Indian tribal 
     government for contracts and agreements for the planning, 
     research, engineering, and construction described in such 
     subparagraph in accordance with the Indian Self-Determination 
     and Education Assistance Act.
       ``(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.--The Secretary may select not to exceed 
     12 Indian tribes in each fiscal year 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 purposes of becoming part of 
     the applicant pool under subclause (II).

       ``(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, during the 3-fiscal year period immediately 
     preceding the fiscal year for which participation under this 
     subparagraph is being requested, demonstrated financial 
     stability and financial management capability through a 
     showing of no material audit exceptions by the Indian tribe 
     during such period.

       ``(III) Planning phase.--An Indian tribe (or consortium) 
     requesting participation in the project under this 
     subparagraph shall complete a planning phase that shall 
     include legal and budgetary research and internal tribal 
     government and organization preparation. The tribe (or 
     consortium) shall be eligible to receive a grant under this 
     subclause to plan and negotiate participation in such 
     project.''.

       (c) Administration.--Section 202 of title 23, United States 
     Code, is amended by adding at the end thereof the following:
       ``(f) Indian Reservation Road, Administration.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, not to exceed 6 percent of the contract authority 
     amounts made available from the Highway Trust Fund to the 
     Bureau of Indian Affairs shall be used to pay the 
     administrative expenses of the Bureau for the Indian 
     reservation roads program and the administrative expenses 
     related to individual projects that are associated with such 
     program. Such administrative funds shall be made available to 
     an Indian tribal government, upon the request of the 
     government, to be used for the associated administrative 
     functions assumed by the Indian tribe under contracts and 
     agreements entered into pursuant to the Indian Self-
     Determination and Education Assistance Act.
       ``(2) Health and safety assurances.--Notwithstanding any 
     other provision of law, an Indian tribe or tribal 
     organization may commence construction that is funded through 
     a contract or agreement under the Indian Self-Determination 
     and Education Assistance Act only 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 Bureau of Indian Affairs.''.
                                 ______