[Congressional Record Volume 147, Number 22 (Thursday, February 15, 2001)]
[Senate]
[Pages S1474-S1475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Johnson, Mr. Baucus, Mr. 
        McCain, and Mr. Inouye):
  S. 344. 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.
  Mr. CAMPBELL. Mr. President, I am pleased to be introducing a bill 
that provides needed clarifications in the law to improve the 
administration of both the Indian Reservation Roads Program and the 
Indian Reservation Road Bridge Program to better meet the 
transportation needs in native communities.
  There is still 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.
  Good transportation is fundamental to attracting private investment 
and enterprise into Native communities. When entrepreneurs or investors 
are calculating whether to invest in a community they first look to see 
if the basic building blocks exist within the community. Roads, 
highways, electricity, potable water, and other amenities are critical 
factors that investors look to before making their investment 
decisions.
  For Indian communities, efficient and effective federal road 
financing and construction are one factor leading to healthy economies 
and higher standards of living.
  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 provisions that I 
was proud to have sponsored. One important provision required 
negotiated rule-making to develop an allocation formula that is both 
flexible and fair in addressing the needs of all Indian communities 
throughout the country. Another provision provided that all Indian 
reservation road monies under TEA-21 are eligible for tribes to 
contract and compact under the Indian Self-Determination and Education 
Assistance Act of 1975, P.L. 93-638, as amended.
  In the 106th Congress, the Committee on Indian Affairs held two 
hearings 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, BIA, 
itself.
  Although reservation roads comprise 2.63 percent of the federal 
highway system, less than 1 percent of federal aid has been allocated 
to Indian roads. This bill would remove the so-called ``obligation 
limitation'' contained within TEA-21 and would allow the already-
authorized funds for Indians to reach the intended beneficiaries. In 
fiscal year 2001, imposition of the obligation limitation diverted $34 
million from the Indian Reservation Road program.
  This bill also authorizes the Federal Lands Highway Program, FLHP, to 
establish a pilot program in which up to 12 tribes may, in their 
discretion, contract directly with the FLHP for the administration of 
their roads programs. The dual goals of this pilot program are to 
promote a more efficient use of existing resources, and to further the 
policy of Indian self-determination.
  Under current law, the BIA is authorized to use ``up to 6 percent'' 
of 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 other BIA purposes.
  The bill I am introducing today contains a provision that clarifies 
the ``up to 6 percent'' language by reiterating Congress' intent that 
the figure was and is intended as a maximum, not a minimum, funding 
level with regard to the BIA's administrative costs.
  This bill also clarifies that tribes who are administering their 
Indian reservation roads program under Public Law 93-638 are authorized 
to receive the monies that the BIA would have used to administer these 
tribes' roads programs. Because tribes that are either ``638'' 
contractors or compactors have assumed the BIA's administrative 
functions, it is unnecessary for the BIA to withhold either 
administrative or project related funding from these tribes.
  Finally, this bill seeks to eliminate the redundancy that is 
currently required in the health and safety certification process by 
allowing tribes to meet 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.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 344

       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 2001''.

     SEC. 2. 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) 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 2002 and 2003, amounts 
     authorized for Indian reservation roads under section 204 of 
     title 23, United States Code''.
       (b) Pilot Program.--Section 202(d)(3) of title 23, United 
     States Code, is amended by adding at the end the following:

[[Page S1475]]

       ``(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 shall select 12 
     geographically diverse 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).
       ``(cc) Funding.--An Indian tribe participating in the pilot 
     program under this subparagraph shall receive funding in an 
     amount equivalent to the funding that such tribe would 
     otherwise receive pursuant to the funding formula established 
     under section 1115(b) of the Transportation Equity Act for 
     the 21st Century, plus an additional percentage of such 
     amount, such additional percentage to be equivalent to the 
     percentage of funds withheld during the fiscal year involved 
     for the road program management costs of the Bureau of Indian 
     Affairs under section 202(f)(1) of title 23, United States 
     Code.

       ``(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) Criteria for determining financial stability and 
     financial management capacity.--For purposes of this 
     subparagraph, 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.--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 Roads, 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 road and bridge construction under 
     the Transportation Equity Act for the 21st Century (25 U.S.C. 
     104) that is funded through a contract or agreement under the 
     Indian Self-Determination and Education Assistance Act so 
     long as 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.
       ``(g) Indian Reservation Roads Program, 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 purposes 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 purposes of being eligible for 
     safety incentive grant funding under section 163 to assist 
     Indian communities in the prevention of the operation of 
     motor vehicles by intoxicated persons.
       ``(3) Grant funding procedures and eligibility criteria.--
     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). 
     The Secretary shall ensure that any such procedures or 
     criteria are published annually in the Federal Register.''.
                                 ______